Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE


Terms of Use for All Information and Services on the Site The following terms and conditions (“Terms of Use”) govern your use of this Site. By accessing, viewing, or using any material or content on the Site, you agree that you understand and intend these Terms of Use, as presently stated, to be the legal equivalent of a signed, written legal contract between you and the Site Sponsor, that these Terms Of Use are equally binding upon you a signed, written legal contract between you and the Site Sponsor, and that you accept such Terms of Use and agree to be legally bound by them WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE WITH EACH OF THE TERMS OF USE SPECIFIED HEREIN, YOU ARE NOT GRANTED PERMISSION TO USE THE SITE AND MUST EXIT THIS SITE IMMEDIATELY. You may contact us using the contact information located in the last section of this Terms of Use, entitled “Contact and Notification Information.” We reserve the right, at our sole discretion, to update or revise these Terms of Use. You agree to be bound by these Terms of Use as they are presently stated each and every time you access, view, or use any material or content on the Site. If any modifications of this Terms of Use are unacceptable to you, your only recourse is to terminate use of this Site immediately. Your continued use of this Site following your receipt of notice of any modifications will constitute binding acceptance of any modification. Any inconsistent terms between these Terms of Use and any subsequent modifications or Terms of Use posted on this Site shall be controlled according to the latest posting. “Site” means and includes any and all websites maintained by any of the LoanCare, LLC family of companies, which includes LoanCare, LLC and all of its subsidiaries, affiliates, and parents. The terms “we,” “us,” “our,” or “Site Sponsor” mean and include any and all entities in the LoanCare, LLC family of companies. The term “you” refers to you as an individual person and, in the case of a corporation or other business entity, any business entity and you as a person with express or implied authorization from the business entity to enter into and bind that business entity to these Terms of Use.

Electronic Consent / Electronic Signature

By clicking on any button, you are indicating an acceptance, acknowledgement or agreement to these Terms of Use; your continued use of this Site also indicates an acceptance, acknowledgement or agreement to these Terms of Use. By accepting, acknowledging or agreeing to these Terms of Use, you are consenting, acknowledging and agreeing to the stated terms of use and the terms and conditions of any submissions made to us by or through this Site.

We Do Not Allow You to Use Service Marks Referenced in This Site

The trademarks, service marks, trade-names and logos (“Mark(s)”) used and displayed on this Site are registered and unregistered Marks owned by the Site Sponsor or third parties. Other than as specified in the preceding section, and notwithstanding any other information on this Site, you are not allowed to use any Mark, by implication, estoppel, or otherwise, whether or not the Mark is owned by the site sponsor and you are not granted any license or right to use any Mark without our written permission. No Mark may be used in any way, including in hyperlinks, advertising or publicity pertaining to distribution of materials on this Site, without our prior written permission.

Termination Of Service

We reserve the right in our sole discretion to terminate, restrict, or suspend this Site, service, access or information for you at any time for any reason without prior notice or liability.

Our Liability Is Limited

Although we try to provide accurate and timely information on this Site, there may be inadvertent, technical or factual inaccuracies and typographical errors. Furthermore, there are certain aspects of web usage, e-mail, your computer and your link to the Internet which we cannot control. We therefore make no representation that the operation of this Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors or loss. This Site is provided as a convenience, not pursuant to any express or implied contract, and not in accord with any consumer right. For these reasons we cannot warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items on this Site or the privacy of responses to you via e-mail. Customers and potential customers are invited to contact us or our agents by non-Internet means for important personal transactions. However, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE BY ANY PERSON; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION DURING REPLY TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS; EVEN IF SITE SPONSOR OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdiction, our liability is limited to the greatest extent permitted by law. THIS SITE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE, THE WEB OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE OR THE WEB. IN NO EVENT WILL SITE SPONSOR OR OTHER PERSONS TRANSMITTING THE INFORMATION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Information, Products and Services Offered are Subject to Our Acceptance

Information on this Site is not intended for distribution to, or use by, any persons or entities in any jurisdictions or countries where such distribution or use are not authorized or licensed, or where any content of or transaction on this Site is unlawful. Users of this Site use the Site on their own initiative and are responsible for compliance with local laws; nothing offered on this Site is offered exclusively on this Site, except these disclosures. None of the products or services referenced on this Site shall constitute an offer to contract or an offer of credit. This Site may provide general information about the Site Sponsor and the products or services offered by the Site Sponsor or its affiliates. Information on the Site does not constitute an offer to sell or a solicitation of any particular product or service. Some products or services are not available in all states, and the products and services are generally not available for purchase outside the United States. Your eligibility for any particular products and services referenced on this site is subject to final determination, restrictions and acceptance by us or the affiliate that issues the product or service. Site Sponsor may discontinue or make changes to the information, products, licenses or services described herein at any time. Any dated information is published as of its publication date only. The Site Sponsor does not undertake any obligation or responsibility to update or amend any such information. The Site Sponsor reserves the right to terminate any or all offerings without prior notice to the user. Furthermore, by offering information, products or services via this Site, no solicitation is made by Site Sponsor to any person to use such information, products or services in jurisdictions where the provision of information, products or services is prohibited by law.

We Do Not Provide Investment Advice or Solicit Offers

This Site and the information contained herein do not constitute investment advice, an offer, or a solicitation for the purchase or sale of any securities or insurance product, but are merely informational. The Site may contain information and press releases about the Site Sponsor, and although this information was believed to be accurate as of the date prepared, Site Sponsor disclaims any duty or obligation to update such information.

No Client, Fiduciary or Professional Relationship is Established by Providing Information On This Site

We make every reasonable effort to provide you with sound information at our Site. We also invite you to make personal contact with us. However, limitations of the Internet do not allow us to establish a client, fiduciary or professional relationship with you through this Site. Accordingly, we require that: YOU AGREE THAT NO CLIENT, ADVISORY, FIDUCIARY OR PROFESSIONAL RELATIONSHIP IS CREATED, IMPLIED OR ESTABLISHED BETWEEN YOU AND THE SITE SPONSOR AND THAT YOU AGREE AND UNDERSTAND THAT NO PERSON OR ENTITY IS, IN CONNECTION WITH THIS SITE, ENGAGED IN RENDERING AUDITING, ACCOUNTING, INVESTMENT, TAX, LEGAL ADVICE OR CONSULTING OPINIONS AND THAT YOU WILL CONSULT APPROPRIATE LICENSED PROFESSIONALS FOR OPINIONS AND ADVICE RELATING TO THE SPECIFIC FACTS, LAWS AND ROLES WHICH MAY APPLY IN YOUR SPECIFIC CASE. We invite you to contact us via non-Internet means regarding critical information using the information in “Contact and Notification Information” Section of these Terms of Use.

Arbitration and Disputes in Virginia

You hereby agree that all disputes and causes of action arising out of use of this Site may be arbitrated (at the sole discretion of Site Sponsor) by a single arbitrator selected by the Site Sponsor and conducted in Virginia Beach, Virginia, or such other location as the Site Sponsor may choose in its sole discretion, under the rules of the American Arbitration Association (“AAA”) and the Virginia Rules of Civil Procedure with limited discovery. The judgment of the arbitrator shall be binding and executable in any civil court. Site Sponsor will pay to AAA arbitration fees in excess of the first $500 U.S. dollars for you once you have paid $500 to AAA, but in no case more than a total of $3,000 arising out of any single, group or class cause of action. The losing party shall pay all costs and fees. Equitable actions for temporary restraining orders or injunctions may be instituted in a court of competent jurisdiction concerning the use, misuse or improper dissemination of information. You agree to submit to personal jurisdiction in Virginia Beach, Virginia, and that the venue of any lawsuit, dispute or cause of action of any kind or in any forum, whether arising in tort, contract, or otherwise, including but not limited to actions arising out of any use, inability to use or viewing of this Site, or the terms or subject matter of this Terms of Use shall be in Virginia Beach, Virginia, or such other venue as may be determined by the Site Sponsor in its sole discretion, and that the law to be applied shall be the law of Virginia, without regard to conflict of law principles.

Failure to Exercise Rights Does Not Constitute Waiver+C52:C61

No failure, omission or delay on the part of Site Sponsor in exercising any right under this Agreement will preclude any other further exercise of that right or other right under this Agreement.

Confidentiality of Internet Not Guaranteed

Although we try to protect information you send us, we cannot guarantee that information sent over the Internet is completely confidential. There are certain aspects of Internet usage, your computer and your links to the Internet we cannot control. Therefore, transmission of information to us on the Internet must be undertaken at your own risk.

Communications to You by Us

We may respond to your inquiries and questions via e-mail if you provide, or have provided us with an e-mail address. However, be advised that information sent by e-mail may not be completely confidential not only because of certain aspects of electronic transfer, but also because others may have access to the computer or e-mail address to which the e-mail response is sent. Unless you specifically state in capital letters within your inquiry as follows: “DO NOT RESPOND TO THIS INQUIRY BY E-MAIL”, you hereby consent to response to your inquiries and questions via e-mail in view of the risks inherent in using e-mail.

Competitors May Not Use This Site

You agree that you are not a competitor of Site Sponsor in the insurance and financial services industry. Competitors and their employees, agents, and contractors may not use this Site for any purpose. Employees of competitors may use this Site for their personal use so long as information is not disclosed to a competitor business, used for a commercial purpose or used for any purpose of competing with Site Sponsor.

Entire Agreement

These Terms of Use comprise the entire agreement between you and the Site Sponsor. There are no agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of these Terms of Use or in consideration hereof that are not merged herein or superseded hereby. These Terms of Use shall not be modified, terminated, or discharged except by written instrument signed by authorized representatives of the parties hereto.

Submissions

All ideas, expressions and inventions (excluding any nonpublic personal information) submitted to the Site Sponsor via this Site shall be deemed and remain the property of the Site Sponsor and the Site Sponsor shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor or customer provides to Site Sponsor through this Site. The Site Sponsor shall not be subject to any obligations of confidentiality regarding ideas, expressions and inventions (excluding any nonpublic personal information) except as agreed in writing executed by all parties.

Contact and Notification Information

You may contact us using the following information: 1-800-274-6600 or LoanCare, LLC 3637 Sentara Way, Virginia Beach, VA 23452