Effective Date: April 01, 2023
By using an Apriority Financial, Inc. Website (“Website”) and products and services offered through a Website (collectively, “Services”), you acknowledge that you agree to follow and be bound by this Terms of Use Agreement (this “Agreement” or these “Terms”). If you do not agree to follow these Terms, you are not authorized to use this Website or use any of its Services.
Throughout this Agreement, “Apriority,” “we,” “us,” and “our” refer to Apriority Financial, Inc. and its affiliated entities. When we refer to “you” or “your,” we mean the person using the Website and/or Services. If someone is using the Website as another person or organization, “you” or “your” includes such other person or organization.
Providers
This Website may contain links to websites controlled or offered by third parties that are non-affiliates of Apriority (“Providers”). Providers include, but are not limited to, the banks, credit unions, lenders, financial institutions, insurers, service providers, real estate companies, agents, brokers and other entities offering the financing Services through the Website.
Privacy Policy
This Agreement incorporates and adopts Apriority’s Privacy Policy, which can be found here (“Privacy Policy”). Accordingly, by using this Website, you also affirmatively acknowledge that you understand and agree to be legally bound by Apriority’s Privacy Policy.
Eligibility; Accounts and Registration
You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account and agree to a Service’s Terms, to the extent applicable to that Service, which may be incorporated herein or available on a separate Apriority Website. When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf.
General Terms of Use
Apriority is not a lender nor a creditor. Any form or information you submit on the Website is not an application for credit. Rather, it is an inquiry to be matched with Providers that may present conditional offers to finance your debt. You will only rely on your own judgment and research, independent of any information from Apriority, in deciding which available Provider best suits your needs and financial situation. Except as otherwise provided for in your state, Apriority is not acting as your agent nor as the agent of any Provider. Apriority’s services are only administrative.
You agree that Apriority shall not be liable for any damages or costs arising out of or connected with Services or any interactions between you and a Provider. The Provider is solely responsible for its services to you. You understand that Providers may keep data received by them in the processing of your information, such as whether you are qualified for a product or service with them or if you completed a formal application for products or services with them.
You are responsible for all activities that occur under your account. You represent that all the information you provide on this Website is true, accurate, current and complete. You shall not sell or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party. If you believe that your account is no longer secure, you agree to notify us immediately at support@apriorityfinancial.com.
By using the Website or Services, you consent under the Fair Credit Reporting Act for Apriority and Providers with whom you are matched to obtain information from contracted Credit Bureau(s) for the purpose of matching you to a Provider through the Apriority network. This information could include, but might not be limited to, your credit report, credit score, and other credit information.
Apriority and its Providers may also obtain, verify and record information that identifies each person who opens an account with Apriority to help verify your identity. Apriority and Providers may ask for your name, Social Security Number, address, telephone number, date of birth, and information from your credit file to properly identify you. A Provider may obtain a limited credit report (“soft pull”) to identify you, but the soft pull does not impact your credit score.
Providers may also obtain and share information about you after you are matched to adhere to state and federal reporting and record retention requirements. You authorize Apriority and its participating Providers to share such information as required.
A Provider’s participation in and offering of its Services on the Website does not constitute an offer by Apriority or Provider to provide Services, or any other products and services, outside of its authorized jurisdictions. Providers shall have the right to discontinue, suspend or terminate the offering of any product or service advertised through the Website at any time, without prior notice. We do not guarantee acceptance into any particular financing program or specific terms or conditions with any Provider. We do not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that Providers will ultimately charge. A Provider’s conditional financing offer may be subject to market conditions, approval and qualification.
By clicking on any button on the Website indicating an acceptance or agreement to terms (“Submission”), you understand that you are submitting an inquiry for a Service through Apriority to each of the Providers to whom your financing request is transmitted.
Consent to Communications
By using the Services, you consent to receiving certain alerts, notices, disclosures and other communications (“Communications”) in electronic form (either by email, mobile message, or via the Internet), as provided in the Consent for E-Sign and Electronic Disclosures and Communications from Apriority and its Providers and further described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree that any alerts, notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Apriority Financial, Inc. or third parties, such as Providers.
You can stop receiving promotional email communications from us by following the “unsubscribe” instructions provided in such communications. We make every effort to promptly process all unsubscribe requests. You may still receive service-related communications, including account verification, transactional communications, changes/updates to features of the services, and technical and security notices.
These Terms of Use May Change
These Terms may change at any time. Such changes become effective immediately upon posting them on the Website. By using the Website after a change, you agree to follow and be bound by the Terms as changed. Accordingly, you agree to review these Terms for any such changes regularly upon your use of the Website.
Terms Applicable to Financial Education Content
We provide content and tools on our Websites that allow you to enhance your financial education. We provide these materials for informational and entertainment purposes only, and at no time are we providing legal, financial, investment, tax planning, or medical advice. Our Website does not include the entire universe of available credit or financing offers, and nor does this Website include all relevant information related to your personal financial circumstances.
Use of the Website
As a user of the Website, you have a non-exclusive, non-transferable, limited, revocable license to use the Website solely for your personal use. You may not use the Website for any other purpose whatsoever, including, without limitation, any commercial purpose. You may not reproduce, modify, distribute, display, transfer, sell or publish any of the contents of the Website without the prior written consent of Apriority, which consent may be withheld, conditioned or delayed in its sole discretion, except that you may print a copy of the Website’s content solely for your personal use. In doing so, you will not remove or alter any copyright, trademark, trade name or service mark or any other proprietary notice appearing on any content.
You promise that you will not attempt to gain unauthorized access to any computer systems or networks connected to any Apriority server through hacking, password mining or any other means. You agree not to interfere with others’ use of the Website. Apriority reserves the right to report any activity that it reasonably suspects violates any law and to disclose any information to law enforcement officials, regulators or other appropriate third parties.
Apriority has the right to modify, suspend or discontinue your right to use any portion of this Website, in Apriority’s sole discretion, at any time and without prior notice, for any reason, including:
(1) attempts to gain unauthorized access to the Website or assist others in doing so;
(2) disabling of any security features on the Website;
(3) violation of these Terms, Privacy Policy, any other Apriority policy, or applicable law;
(4) suspected or actual infringement of a third party’s intellectual property rights; or
(5) pursuant to requests by law enforcement or other government agencies.
Links to Third Party Websites
This Website may use hyperlinks as a convenience to you so that certain Apriority-related subjects and other pertinent material are easily accessible. Linked sites might not be operated or controlled by Apriority. Hyperlinks or references to sites do not constitute endorsement or approval by Apriority of all content or policies of such linked sites. Apriority and its affiliated companies do not accept any responsibility for any information, policies, practices or use of such sites. You access, browse and use such sites at your own risk.
Mobile Applications
To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
Intellectual Property
The Website and its entire contents, design, features, and functionality, including but not limited to all information, text, graphics, photographs, images, icons, logos, artwork, video, audio, animation, software, interfaces, computer code, their related files and the design, selection, and arrangement thereof (collectively, “Content”), whether explicitly marked or not, are owned by or licensed to Apriority, its affiliated companies or other providers (where named) of such material. All Content is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The copyrighted materials on the Website include, but are not limited to, copyrighted text, design, software, images, graphics, source code and content on the Website. You are authorized to use or download the copyrighted materials on this Website for your personal informational purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Website are owned by Apriority or its affiliated companies, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. The Marks include all products, logos, phrases denoted with ® or ™, and all related names, designs and slogans. Trademarks of other parties are identified wherever possible and Apriority acknowledges their rights. You may not use, copy, display, distribute, modify or reproduce any of the Marks found on the Website except as specifically authorized in this paragraph or otherwise permitted by law.
Nothing contained in the Website shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Apriority or any third party. Any use of the information, content or Marks provided on this Website that does not comport with these Terms is unauthorized and may subject you to civil and criminal penalties as provided by U.S. law and other applicable laws. Apriority, the names of Apriority’s affiliates, and any trademark owned exclusively by Apriority, as well as most other product names and logos used by Apriority on this Website, are the trademarks or registered marks of Apriority.
These Terms permit personal, non-commercial, use of the Website only. Except as expressly stated herein, you are not authorized to copy, display, distribute, transfer, link to, license, frame, modify, publicly display, download, store, create derivative works of or republish any portion of the Website or Content for any commercial or public purpose, unless otherwise permitted to do so by law or by Apriority’s prior written permission. Nothing on the Website or in this Agreement should be construed as granting any license nor right to use any Content, including any intellectual property or content of third parties, on the Website. If you wish to use any Content on the Website, please submit a written request to us at ip@apriorityfinancial.com. Consent and/or permission can be granted or withheld at the sole discretion of Apriority. Failure to respond to any request does not constitute consent or permission.
Indemnification
You agree to defend, indemnify, and hold harmless Apriority and Apriority’s affiliates and licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages, losses and expenses (including reasonable attorneys’ fees and costs as incurred) arising out of your use of this Website, including, without limitation, your use of any products or services offered by any Provider and any alleged violation of these Terms and Privacy Policy, your alleged breach of copyright, trademark, proprietary or other rights of third parties, and any losses arising out of your use of any Services you obtained on our Website. Apriority reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Disclaimers
USE OF THIS WEBSITE AND THE SERVICES OFFERED ON THIS WEBSITE ARE AT YOUR OWN RISK. ALL INFORMATION AND SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING HYPERLINKED SITES OR PRODUCTS AND SERVICES OFFERED OR PROVIDED BY THIRD-PARTY PROVIDERS, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL APRIORITY OR ITS AFFILIATED COMPANIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY OF THE SERVICES OFFERED THROUGH THIS WEBSITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF, OR INABILITY TO USE, THE WEBSITE OR INFORMATION, CONTENT, OR SOFTWARE THEREOF, EVEN IF APRIORITY OR ITS AFFILIATED COMPANIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST APRIORITY IS TO DISCONTINUE USE OF THIS WEBSITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF SERVICES OFFERED ON THIS WEBSITE AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, Apriority and Apriority affiliates and licensees and their respective directors, members, shareholders, officers, employees and agents make no warranties or representations whatsoever concerning:
(1) the accuracy, completeness or timeliness of information posted on or referred to in this Website or any other Internet site, including, without limitation, information posted on any third-party Provider website;
(2) your use of this Website or any other Internet site being uninterrupted or free of errors or omissions, computer viruses, worms, Trojan horses or other harmful components; and
(3) the availability for purchase of Services listed on, or accessed through, this Website.
Any use of the content provided on this Website is done at your own risk. Apriority has no obligation to update any information on this Website. Accordingly, Apriority and its affiliated companies assume no responsibility regarding the accuracy of the content provided on this Website.
You agree that Apriority shall not be liable for any damages or costs of any type arising out of or in any way connected with Services or interactions with a Provider. Apriority hereby disclaims liability for any Provider’s website content, privacy policies, or security. In the event you choose to use the products or services available at a linked site, you agree to adhere to the policies and terms of use applicable to that site. In addition, any opinions or recommendations provided by the linked site Providers are those of the Providers and not of Apriority. Your use of any linked site is based solely on the agreement, if any, between you and the linked site Provider. Notwithstanding the limitations of liability above, if Apriority or any Apriority affiliates are found liable for loss or damage connected to any Services or operation of this Website, then the liability of Apriority will in no event exceed, in the aggregate, One Hundred U.S. Dollars ($100.00 USD).
Dispute Resolution, Governing Law, Waivers and Limitations
Any claim relating to this Website shall be litigated in the federal courts having jurisdiction in the State of California, County of Los Angeles, and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any law to the contrary, any claim arising out of or related to use of this Website, these Terms or the Privacy Policy must be filed within one (1) year after such claim arose or be forever barred. The section titles herein are for convenience of reference only and have no legal or contractual effect.
By using this Website, you agree that Apriority, at its sole discretion, may require you to submit any disputes arising from the use of this Website, these Terms or the Privacy Policy to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the State of California. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as required by statute.