Terms of Use - Northpoint Commercial Finance

(updated April 18, 2012)

This Web site is operated by Northpoint Commercial Finance LLC (“Northpoint”). Throughout this Web site, the terms “we,” “us” and “our” refer to Northpoint. Northpoint offers this Web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this site constitutes your agreement to these Terms of Use. Please read these Terms of Use carefully before using this Web site, or accessing, using and/or uploading information to the Web site. Nothing in these Terms of Use is intended to, nor does it, alter, modify or change the terms and conditions of any existing agreement you have with Northpoint. If you do not agree to these Terms of Use or any future modifications of these Terms of Use, please do not use this Web site or download materials from this Web site.

RESTRICTIONS ON USE

In order to use the Web site, you must be (i) at least 18 years old and (ii) a resident of the United States. If you do not satisfy these restrictions on use, please do not use the Web site or download materials from the Web site.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS WEB SITE

Northpoint is not responsible if information made available on this Web site is not accurate, complete or current. The material on this Web site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Web site is at your own risk. This Web site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Web site at any time, but we have no obligation to update any information on this Web site. You agree that it is your responsibility to monitor changes to this  Web site.

USE OF MATERIALS ON THIS WEB SITE

All content on this Web site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Northpoint, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from this Web site, or use of this Web site for purposes competitive to Northpoint, is expressly prohibited. You agree to abide by all additional restrictions displayed on this Web site as it may be updated from time to time. Northpoint reserves the right to refuse or cancel any person’s registration for this Web site, remove any person from this Web site or prohibit any person from using this Web site for any reason whatsoever. Northpoint, or its licensors or content providers, retain full and complete title to the material provided on this Web site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Northpoint’s sole discretion. Northpoint neither warrants nor represents that your use of materials on this Web site will not infringe rights of third parties not affiliated with Northpoint.

You may not use contact information provided on this Web site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this Web site or to surreptitiously intercept any system, data or personal information from this Web site. You agree not to interrupt or attempt to interrupt the operation of this Web site in any way. Northpoint reserves the right, in its sole discretion, to limit or terminate your access to or use of this Web site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Northpoint may be entitled at law or in equity.

MATERIALS YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via this Web site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Web site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto this Web site.

All personal information provided via this Web site will be handled in accordance with this Web site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Northpoint for all claims resulting from content you supply.

CONDUCT ON THIS WEB SITE

In consideration of your use of this Web site you agree to provide true, accurate, current and complete information about yourself.

You or third parties acting on your behalf are not allowed to frame this Web site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on this Web site without Northpoint’s express written consent. Further, you may not utilize any Web site content in any meta tags or any other “hidden text” techniques or technologies without Northpoint’s express written consent.

LINKS

This Web site may contain links to other Web sites operated by Northpoint. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. Different terms and conditions may apply to your use of any linked sites.

TRADEMARKS AND COPYRIGHTS

Trademarks, logos and service marks displayed on this Web site are registered and unregistered trademarks of Northpoint, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Web site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on this Web site without the owner’s prior written permission, except as otherwise described herein. Northpoint reserves all rights not expressly granted in and to this Web site and its content. This Web site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

DISCLAIMERS

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS WEB SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. NORTHPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS WEB SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS WEB SITE WILL BE SECURE; THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS WEB SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY OF ANY KIND. NORTHPOINT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

EXCLUSION AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEB SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS WEB SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK AND THAT THIS WEB SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NORTHPOINT NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEB SITE, OR ANY OTHER WEB SITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS WEB SITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NORTHPOINT, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER NORTHPOINT NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEB SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH NORTHPOINT IS TO DISCONTINUE YOUR USE OF THIS WEB SITE. YOU AND NORTHPOINT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. NOTWITHSTANDING THE FOREGOING, IF NORTHPOINT IS FOUND TO BE LIABLE, NORTHPOINT’S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSION AND LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS FOR THE BARGAIN BETWEEN NORTHPOINT AND YOU. THIS WEB SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

WAIVER AND RELEASE

You release, discharge and hold harmless Northpoint and its respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of any negligent act committed by or on behalf of Northpoint in connection with the operation or use of the Web site. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST NORTHPOINT OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Northpoint and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Web site and any violation of these Terms of Use. If you cause a technical disruption of this Web site or the systems transmitting this Web site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Northpoint reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Northpoint in the defense of such matter.

UCITA DISCLAIMER

You agree that the Uniform Computer Information Transaction Act or any version thereof, adopted by any state, in any form (“UCITA”), shall not apply to these Terms of Use. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.

AGREEMENT TO INTERNET PRIVACY POLICY

The Internet Privacy Policy on this Web site is incorporated by reference into these Terms of Use.

JURISDICTION AND APPLICABLE LAW

The laws of the State of Georgia govern these Terms of Use and your use of this Web site, and you irrevocably consent to the jurisdiction of the state and federal courts located in the State of Georgia for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Web site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Web site has been designed to comply with the laws of the State of Georgia and of the United States. If any material on this Web site, or your use of this Web site, is contrary to the laws of the place where you are when you access it, this Web site is not intended for you, and we ask you not to use this Web site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

CHANGES TO THESE TERMS OF USE

Northpoint reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this Web site. Changes will be effective immediately upon posting of such update. It is your responsibility to check periodically for any changes we make to these Terms of Use. Your continued use of this Web site after any changes to these Terms of Use or other policies means you accept the changes.

ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use and any policies or operating rules posted on this Web site constitute the entire agreement and understanding between you and Northpoint with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.

SEVERABILITY

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or this Web site, please contact us at:

Northpoint Commercial Finance
1105 Lakewood Parkway, Suite 210
Alpharetta, GA 30009
[email protected]

Thank you for visiting our Web site.