(updated April 18, 2012)
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.
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.
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.
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.”
JURISDICTION AND APPLICABLE LAW
ENTIRE AGREEMENT AND ADMISSIBILITY
HOW TO CONTACT US
- Northpoint Commercial Finance
- 600 Northwinds
- 11675 Rainwater Drive, Suite 450
- Alpharetta, GA 30009
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