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Financial Mortgage Solutions, LLC

(505) 363-1580

[email protected]

NMLS # 195794

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Financial Mortgage Solutions, LLC

Company NMLS # 195794

  • (505) 363-1580
  • [email protected]
  • , ,

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Terms of Service

Financial Mortgage Solutions, LLC Terms of Service

Welcome to the Financial Mortgage Solutions, LLC [NMLS #195794] Portal i.e. the “The Portal”, “Portal”, or “Service”.

The Portal is comprised of various web pages operated by [Client Name] (“us”, “our”, “we” or “Company”). The Portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use”). By using the Service you agree to be bound by these Terms of Use. Company provides the Service in accordance with these Terms of Use. Please read these Terms of Use carefully, and keep a copy of them for your reference.

The Portal is a document workflow management system

The Portal is an online document workflow management system and includes features for uploading, downloading, and managing documents and information related to obtaining a loan.

Privacy

Your use of The Portal is subject to our Privacy Policy. Please review our Privacy Policy.If you are under 18, you may use the Service only with permission of a parent or guardian. If you are under the age of 13, you cannot use the Service. We do not knowingly collect, either online or offline, personal information from persons under the age of 13. Always use caution when giving out any personally identifying information about yourself or your children.

Electronic Communications

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Service, satisfy any legal requirement that such communications be in writing. These communications are considered part of the Service. You cannot opt out of receiving these communications. Notices to you may be made via either email or regular mail.

Registration of Account

In order to use the Service, you must have a valid account (an “Account”). To establish an Account, you must provide us with a valid email address, a password, and other information. You may update your email address or password at any time. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your Account. You may not assign or otherwise transfer your account to any other person or entity.You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security, and ensure that you exit from your Account at the end of each session. We may log you out of your Account if you are inactive for an extended period of time. If your password is stolen or our Account is otherwise compromised, you must immediately notify us and change your password. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account or password.You represent and warrant that all of the information provided by you to us is correct and current; and you have all necessary right, power, and authority to enter into these Terms of Use and to perform the acts required of you by these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse you access to the Service.

Collection of your Personal Information

“Personal Information” means information that identifies you, such as your name, address, location, social security number, phone number, fax number, or email address. Personal Information includes financial documents and information that you may upload or otherwise transmit to the Service. This information is used to complete certain transactions.From time to time we may request additional Personal Information to provide you with other benefits of the Service. In all such instances, you will be given the opportunity to provide or to decline to provide that information and it will be used only for the stated purpose.

Storage of Personal Information and documents

We may establish general practices and limits concerning use of the Service and data storage limits for your use of the Service. We may modify such practices and limits from time to time without notice.The Service is not intended as a backup or storage system. You agree to maintain backup copies of all of your Personal Information, documents, and communications submitted to the Service. We shall have no responsibility or liability for the deletion of, the failure to store, or the failure to transmit, any Personal Information, documents, or communications maintained by the Service.

The Service is provided “as is”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.THE INFORMATION, SOFTWARE, PRODUCTS, AND FEATURES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICE AT ANY TIME.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.THE INFORMATION, SOFTWARE, PRODUCTS, AND FEATURES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICE AT ANY TIME.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of your use of or inability to use the Service.You further agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of any documents or information you upload or download or otherwise transmit through the Service; your violation of any of these Terms of Use; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with us in asserting any available defenses.

No unlawful or prohibited use

As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.The Service provides communication features including the uploading and downloading of documents. You agree to use the Service only to upload, download, send and receive documents and information that are proper and related to the Service.You agree that you will not:
  • upload, post, email, or otherwise transmit any computer viruses, routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, email, or otherwise transmit any document or information that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  • upload, post, email, or otherwise transmit any inappropriate, profane, defamatory, infringing, obscene, harassing or threatening documents or information;
  • interfere with or disrupt the Service or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or otherwise interfere with the Service in any way, including through the use of JavaScript or other coding;
  • obtain or attempt to obtain any documents or information through any means not intentionally made available or provided for through the Service;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • download or access any document or information that you know, or reasonably should know, should not be be accessible to you;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use or sharing your Account information with other people.
  • violate any applicable laws or regulations; or

We reserves the right to monitor your use of the Service and edit, refuse to post, or to remove any information or documents, in whole or in part. In addition we may terminate your Account at any time without further warning if it determines that you have violated these Terms of Use or their spirit.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of Use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion of the Service without the express permission of us.All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of Company or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of the Service; or create derivative works of the Service. No resale of the Service is permitted without our express written consent.

Third Party accounts

You will be able to connect your Portal account to third party services. By connecting your Portal Account to a third party service, you acknowledge and agree that you are consenting to the continuous release of information about you to that third party in accordance with your privacy settings with those third party services and the terms of service of those third parties. If you do not want information about you to be shared in this manner, do not use these features. You may disconnect your Account from third party services at any time.We encourage you to review the terms of service and privacy policies of any third-party service you connect to your account so that you can understand how those services collect, use, share, and protect your information. We are not responsible for the terms of service, privacy policies or other content on or of third party services.

Linked Services

The Service may contain links to other services (“Linked Services”). The Linked Services are not under the control of Company and we are not responsible for the contents of any Linked Service, including without limitation any link contained in a Linked Service, or any changes or updates to a Linked Service. We provide these links to you only as a convenience, The inclusion of any link does not imply endorsement by Us of the Linked Service or any association with its operators.

SMS message service

SMS messages will be sent to you and SMS message service subscribers can:
  • Opt in to the SMS service in the Portal Account
  • Opt out of the SMS service on the Account Settings page or by replying with the keyword STOP“to the message received”
  • Receive assistance with the SMS service by replying with the keyword HELP “to the message received”
You may receive up to five SMS messages per week, occasionally more. Standard message and data rates may apply.

Termination policy

Your data is yours. You can remove it anytime you want. When you request that we terminate your Account, your Personal Information including your documents will be permanently expunged from our primary production servers and further access to your Account will not be possible. We will disconnect your Account from all third party services. However, there might be some latency in deleting your information and documents from our backup servers and backup storage. We keep these backups to ensure our continued ability to provide the Service in the event of malfunction or damage to our primary production servers. In addition we may retain certain information or documents if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.We reserve the right, in our sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice. In the event your access is terminated by us, your Account will be disabled and you will not be granted access to your Account or any document or information hosted by the Service. We may delete your documents or information.In the event of termination, we may also withdraw and at our discretion reallocate the public web address of the Service.

Government and legal requests

Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or documents or information provided to or gathered by us with respect to such use. We reserve the right to disclose any documents or information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

International users

The Service is controlled, operated and administered by our offices within the United States of America. If you access the Service from a location outside the U.S.A., you are responsible for compliance with all local laws. You agree that you will not use the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

California law applies

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of California. Any dispute arising under or in connection with the Service or these Terms of Use shall be subject to the exclusive jurisdiction of the state courts located in Los Angeles County, California. You hereby consent to the exclusive jurisdiction and venue of these courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

Not a joint venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Service.If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

We are not designed or licensed for hazardous environments

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

New, modified, and discontinued features

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Use. We may at our sole discretion modify or discontinue features of the Service from time to time without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, termination, or discontinuation of the Service.

Access through unauthorized means.

You agree not to access the Service by any means other than through the interfaces that are provided by us for use in accessing the Service.

Injunctive relief

You acknowledge that any use of the Service contrary to these Terms of Use, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to Company, its affiliates, suppliers, and any other party authorized by us to promote the Service (“Promoters”), and under such circumstances we, our affiliates, suppliers, and Promoters will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.Any and all rights and remedies of us upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or by law or equity on us, and the exercise of any one remedy will not preclude the exercise of any other.

Statute of limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Entire agreement

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Service and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing this agreement.

Changes to the Terms of Use

We and our suppliers reserve the right, in either of our sole discretion, to change the Terms of Use under which the Service is offered. If we change these Terms of Use, you will be required to agree to them prior to resuming use of the Service. If you choose not to agree to the changes, you may terminate your use of the Service.

Portal Privacy Policy

This Privacy Policy (“Policy”) describes how Financial Mortgage Solutions, LLC (“Company,” “we,” “us,” or “our”) collects, uses, and discloses the information that we collect from and about users of the website(s) hereunder (“Website”). We also describe the rights and choices you have regarding our use of your information. For purposes of these Terms, “you” and “your” mean the user of our Website. Your use of our Website is subject to this Policy and our Terms of Service.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE. By using any part of the Website, you consent to the collection, use, and disclosure of the information you provide as further outlined in this Policy.

(1) What Information Does Company Collect?

We collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from you, such as from your browser or device that you use to access our Website.

(A) Categories of Information

As described further below and depending on how you use the Website and interact with us, we may collect the following categories of information about you or your use of the Website:

  • Identifiers (such as name and email address);
  • Commercial information (such as transaction data);
  • Internet or other network or device activity (such as browsing history and log data);
  • Professional or employment-related information (such as employment history when you apply for a job with us);
  • Education information (such as when you apply for a job with us);
  • Location information (such as general location information inferred from an IP address); and
  • Other information that identifies or can be reasonably associated with you.

We reserves the right to monitor your use of the Service and edit, refuse to post, or to remove any information or documents, in whole or in part. In addition we may terminate your Account at any time without further warning if it determines that you have violated these Terms of Use or their spirit.

(B) Categories of Sources of Information

(i) Information You Provide to Us

We may collect information from you during your use of or access to the Website, such as when you:

  • Inquire for information about a Company product or service;
  • Enter information on the Website (e.g., providing your email address to subscribe to our blog);
  • Communicate with us (including through our customer support services or on third-party social media sites); or
  • Apply for employment at Company.

We will collect any information that you choose to provide to us. The information we collect generally includes your name, email address, phone number, and information about your interactions with us.

(ii) Information Collected Automatically

Device/Usage Information: We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Website. As described further below, we may collect and analyze information such as (a) IP addresses (including city and state information), unique device identifiers, browser types, browser language, operating system, and mobile device carrier information; and (b) information related to the ways in which you interact with the Website, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, pages and content viewed and the order of those pages, statistical information about the use of the Website, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. Cookies and Other Electronic Technologies: We may also collect data about your use of the Website through the use of internet server logs, cookies, and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Website you have visited; (iv) enhance your user experience by delivering content specific to your interests; (v) perform analytics; and (vi) assist with security administrative functions. Some cookies are placed in your browser cache. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier that are embedded in websites, online ads, and/or email and are designed to provide usage information like page clicks, measure popularity of the Website and associated content, and access user cookies. We may update this Policy from time to time as we adopt new technologies to gather additional information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Website.

(iii) Information from Third Parties

Our Website may include social media features, such as the Facebook or Twitter button or interactive mini-programs that run on our Website. These features may collect your IP address and which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy statement of the company providing it. We may also collect additional information about you, such as demographic and statistical information, from third parties, such as business partners, marketers, researchers, analysts, and other parties, that we may combine with information collected directly from you or attribute to you based on your assignment to certain statistical groups.

(2) How Will Company Use My Information?

We and our service providers may use the information we collect from and about you for the following business purposes (as defined by applicable law) and commercial purposes:

  • To process and respond to your inquiries or to request your feedback, including through our customer support services;
  • For marketing and advertising purposes, including to contact you with information or surveys that we believe may be of interest to you regarding our Website, our products and service offerings and the product and service offerings of third parties;
  • To conduct internal research, analytics, and reporting, including without limitation to synthesize and derive insights from your use of the Website;
  • To improve the content and features of the Website and our other products or services;
  • To develop or deliver new products or services;
  • To personalize the content that you see on the Website;
  • To administer and troubleshoot the Website;
  • To review and process your employment applications;
  • To comply with laws, regulations, and other legal process and procedure;
  • To establish, exercise, or defend our legal rights; and
  • To take steps that we reasonably believe to be necessary to protect the safety, security, and rights of Company, its employees, service providers, and others.

We may also aggregate, de-identify, and/or anonymize any information collected through the Website in such a way that we cannot reasonably link the information to you or your device. We may use such aggregated, de-identified, or anonymized information for any purpose, including without limitation for research and marketing purposes.

(3) How Does Company Personalize Content to My Interests?

Online and Email Analytics

We may use third-party web analytics services on the Website, such as Google Analytics. These service providers use the sort of technology previously described in the “Cookies and Other Electronic Technologies” section to collect information (including your IP address) to help us analyze how users use the Website, including by noting the third-party website from which you arrive, provide certain features to you, improve and develop the Website, monitor and analyze use of the Website, aid our technical administration, assist in our troubleshooting and customer support efforts, and verify that users have the authorization needed for us to process their requests. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may clear the opt-out cookies, and you will need to re-visit the relevant opt-out page. If you receive email from us, we may use certain tools, such as clear GIFs, to collect data such as when you open our message or click on any links or banners our email contains. This information helps us make our communications with you more interesting and improve our Website.

Government and legal requests

Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or documents or information provided to or gathered by us with respect to such use. We reserve the right to disclose any documents or information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Advertising

We partner with third parties either to display advertising on our website or to manage our advertising on other sites. Our third-party partner may use cookies or similar technologies to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising, click here. Please note you will continue to receive generic ads.

Notice Concerning Do Not Track Signals

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected through the Website for third-party purposes, and that is why we provide choices provided by Google Analytics. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.

(4) How Will Company Share My Information?

We and our service providers may share the categories of information identified above with the following categories of third parties as described in this section.

We are not designed or licensed for hazardous environments

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Affiliates and Subsidiaries.

We may share information we collect from you to current and future affiliates and subsidiaries within the Company family of companies.

Service Providers and Other Third-Parties.

We may provide access to or share your information with select third parties who perform services on our behalf, including without limitation marketing, market research, customer support, data storage, analysis and processing, and legal services.

Protection of Company and Others.

By using the Website, you acknowledge, consent, and agree that we may access, preserve, and disclose your information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our Terms of Service, this Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property, or personal safety of Company, its agents and affiliates, and/or its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

Business Transfers.

As we continue to develop our business, we may buy or merge with other companies. In such transactions (including in contemplation of such transactions, e.g., due diligence), your information may be among the transferred assets. If a portion or all of Company’s assets are sold or transferred to a third party pursuant to a corporate purchase, sale, or merger, your information may be one of the transferred business assets.

Consent.

With your consent, we may also share your information with other third parties. Company may also share aggregated, de-identified and/or anonymized information for any purpose to third parties, including without limitation advertisers and promotional partners.

(5) How Does Company Secure My Data?

We take technical, administrative, and physical measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. By using our Website, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Website and that any such transmission is at your own risk.

(6) What Rights Do I Have?

(A) Accessing, Updating, and Deleting Your Information.

You may be able to access, update, or delete certain information we hold about you in accordance with applicable legal requirements.

(B) Marketing Communications and Sharing.

You may instruct us not to use your contact information to contact you with marketing communications regarding products, services, promotions and special events that might appeal to your interests by contacting us. In commercial email messages, you can also opt-out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt-out of certain operational emails, such as those reflecting our relationship or transactions with you.

(C) Nevada Residents.

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

(D) California Residents.

This section of the Policy applies solely to those individuals who reside in the State of California (“consumers” or “you”). We are providing this policy in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and other applicable California privacy laws. Any terms used in this Notice that are not defined in the Notice itself have the same definition as used in the CCPA and its implementing regulations.

(i) Notice at Collection for California Residents

(a) What Information We Collect: We collect the categories of information disclosed above in the “What Information Does Company Collect” section of the Policy. The exact information we collect about you depends on what products/services you use and how you use our Website and interact with us. We base the information in this disclosure on our data collection practices over the previous 12 months until present time.

(b) How We Use Your Information: We use your information for the business or commercial purposes described above in the “How Will Company Use My Information” section of the Policy. Exactly how we use your information depends on what products/services you use and how you use our Website and interact with us. We base the information in this disclosure on our data collection practices over the previous 12 months until present time

(c) Company does not “sell” your personal information as defined by the California Consumer Privacy Act and its implementing regulations

(d) Privacy Policy: California law requires among other things that we disclose the following in our Privacy Policy: (1) the information we collect about you, (2) the categories of sources from which we collect information about you, and (3) the business or commercial purposes for which we use the information we collect about you. Please see the following sections above in the Policy to view this information: “What Information Does Company Collect”; “Categories of Sources of Information”; and “How Will Company Use My Information.”

(ii) Right to Know:

California law provides California consumers with the right to request that certain covered businesses provide you (i) the categories of personal information we collect, use, disclose or sell about you; (ii) the categories of sources of such information; (iii) the business or commercial purpose for collecting or selling your personal information (as applicable); (iv) the categories of personal information we sell or have sold or disclosed for a business purpose about the consumer and the categories of third parties to whom we’ve disclosed your personal information and, (v) specific pieces of personal information that a business has collected about the consumer. This “Right to Know” is subject to certain exceptions. Furthermore, Company is not required to respond to requests for the Right to Know from users acting as an employee, owner, director, officer, or contractor of another entity or within the context of another entity in conducting due diligence regarding, or providing or receiving a product or service to or from such company.

(iii) Right to Delete:

California law provides California consumers with the right to request that certain covered businesses delete personal information that they have collected from you. This “Right to Delete” is subject to certain exceptions. Furthermore, Company is not required to respond to requests for the Right to Know from users acting as an employee, owner, director, officer, or contractor of another entity or within the context of another entity in conducting due diligence regarding, or providing or receiving a product or service to or from such company. Please note, we need certain types of information so that we can provide the services to you. If you request deletion of your information and we are required to delete your information, you may no longer be able to access or use the services we provide.

(iv) Company does not sell your data:

While the CCPA provides California residents with the right to opt out of the “sale” of their personal information, Company has not “sold” consumer personal information in the preceding 12 months and does not “sell” your personal information as we understand that term to be defined by the California Consumer Privacy Act and its implementing regulations. In addition, Company does not have actual knowledge that it sells the personal information of minors under 16 years of age.

(v) Authorized Agent:

When a consumer uses an authorized agent to submit a request to know or a request to delete, a business may require that the consumer do the following (this does not apply when a consumer has provided the authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465):

  • i. Provide the authorized agent signed permission to do so.
  • ii. Verify their own identity directly with the business.
  • iii. Directly confirm with the business that they provided the authorized agent permission to submit the request.

A business may deny a request from an authorized agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

(vi) Additional Rights:

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask certain covered businesses for a notice (a) identifying the categories of personal information (as defined by California law) that are shared with third parties for their own marketing purposes and (b) providing contact information for such third parties. However, as disclosed here in our Privacy Policy, Company does not share such personal information for these purposes.

(vii) Financial Incentives:

We do not offer financial incentives for the collection of your data. If this changes, we will notify you prior to doing so, and we will obtain your consent to opt-in to this program before enrolling you.

(viii) Non-discrimination Rights:

You also have the right to not be discriminated against for exercising certain of your rights under the CCPA. If you exercise your rights under the CCPA, we will not:

  • i. Deny you goods or services.
  • ii. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • iii. Provide you a different level or quality of goods or services.
  • iv. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

(ix) How other data privacy laws may affect your ability to request access to, or delete, your data:

Please note that your rights and choices regarding your personal information are often subject to other laws. Personal information collected pursuant to other laws, such as information governed by the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and the California Financial Information Privacy Act, may be exempt from requests to access or delete data.

(7) What Is Company’s Responsibility for Third-Party Links on the Website?

The Website may contain links to or “from” third-party websites, applications, and other services available to support Website operations and functionality. Please be aware that we are not responsible for the privacy practices of such other sites and services. If you submit information to any of those websites, your information is governed by their privacy statements. We encourage our users to be aware when they access third-party websites and/or leave the Website and to read the privacy statements of each and every site they visit that collects their information.

(8) What Is Company’s Policy on Children?

We do not knowingly collect or solicit personal information (as defined by the “Children’s Online Privacy Protection Act”) from anyone under the age of 13. If we learn that we have collected personal information from a child under age 13, we will take reasonable steps to delete it as quickly as possible.

(9) Retention of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed and/or as required to comply with applicable laws. The length of time for which we retain information depends on the purposes for which we collected and use it.

(10) Employment Applications

The Website may contain careers sections that allow you to apply for employment at Company. These employment services are not hosted by Company, and instead are administered by third parties, including but not limited to Lever, Inc. These third parties collect a variety of information, including your contact information and your job qualifications. They may also use cookies and other means of collecting information, but such information is used only for analytics purposes and to enable you to complete your application. Any information that Company collects from these third parties in connection with your application for employment at Company is handled consistent with this Policy. Company will use and share your information only for employment purposes, such as evaluating you for a job opportunity or communicating with you about your interests, and where sharing is required by law.

You also have the option to connect to LinkedIn to apply for employment at Company. Any information that Company collects from LinkedIn in connection with your application for employment at Company is handled consistent with this Policy. Company will use and share your information only for employment purposes, such as evaluating you for a job opportunity or communicating with you about your interests, and where sharing is required by law.

(11) Will Company Change This Policy?

We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of the Website, or advances in technology. Please check this page periodically for changes. Your continued use of the Website following the posting of changes to this Policy will mean you accept those changes. If we make any material changes to our data privacy practices, we will notify you in accordance with applicable legal requirements.