Terms of Service - Oak Tree Finance

OAK TREE FINANCE TERMS OF SERVICE

Effective Date: August 2021

Please read these terms of service (“Terms”) carefully. These Terms provided by Oak Tree Finance, LLC, a North Carolina limited liability company (“Company”) and govern and apply to your access and use access and use of www.oaktf.com (the “Website”) and the products and services provided by the Company (“Services”). By accessing or using our Services, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Services.

We are a private company, established in the United States, registered at 1027 US 70 Hwy W, Suite 109, Garner, NC 27529 United States (“Physical Notice Address”) with the contact email address info@oaktf.com (“Email Notice Address”).

1. USE OF THE SERVICE

Company allows you to access and use the Services to learn more information about the Company as well as, among other things, a convenient way to create, edit/update and share a basic profile information in order to keep track of and manage certain aspects of your relationship with the Company. You must be at least 17 years of age in order to use the Services.

As long as you comply with these Terms, you have a limited, personal, non-exclusive, and non-transferable license to access and use the Services, for your personal and informational use only. You have no other rights in the Services and you may not: (i) copy, modify or distribute the Services for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. Unfortunately, if you breach any of these Terms the licenses granted in these Terms will terminate automatically and you must immediately destroy any downloaded or printed materials obtained as a result of your use of the Services.

Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. Our Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services, and that we may receive remuneration for placing such advertising.

2. CREATING AN ACCOUNT

While you may access the Website, in order to use the Services you must register and create an account (“Account”). You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, don’t provide any false personal information to us or create any account for anyone other than yourself without such other person’s permission.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or that violates our Terms or if you have created more than one Account.

You are responsible for maintaining the confidentiality of your password and Account. You are responsible for activities that occur under your Account.

Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages). You agree to accept responsibility for all activities that occur under your account or under your control. Unless you have otherwise provided express consent to another person (e.g. a family member), you will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access your account from a public or shared computer, you should exercise caution to ensure your account information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly change your login information and notify us at our Email Notice Address.

3. THIRD-PARTY CONTENT

Via the Services, we may provide you with access to third-party content, such as information regarding safety, news articles, and other content. Company HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY SUCH THIRD PARTY-CONTENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY-CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. THE THIRD-PARTY CONTENT MAY NOT BE APPROPRIATE OR RELEVANT FOR YOUR PERSONAL SITUATION.

4. CONTENT SUBMISSIONS

Our Services allows users with the opportunity to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, sell and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

When submitting Content to or otherwise using the Services, you agree not to:

submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other applicable law (“Applicable Law”);
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate another person or entity or otherwise misrepresent yourself as affiliated with us, our staff or other industry professionals, or any other person or entity;
publicly display, publicly perform, reproduce, or distribute any part of the Services inconsistent with these Terms;
use such submission to obscure or otherwise attempt to gain unauthorized access to any portion of the Website, computer systems, or networks connected to the Website or Services, whether through hacking, password mining, or any other means; or
harvest user names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

We also reserve the right to suspend or terminate your Account and your use of the Services at any time in case of violation by you of these Terms or if Company discontinues providing the Services for any reason.

5. UNAUTHORIZED ACTIVITIES

Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services: (i) attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any Applicable Law; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

6. INDEMNITY

You acknowledge and agree that you will be responsible for your use of the Services and agree to indemnify and hold harmless Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Services; or (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any Applicable Law. Further, Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

7. LINKS TO THIRD PARTY SITES

The Services may include links to third-party sites and services (“Third-Party Sites”) that are not operated by us. If you use these links, you will leave our Services. We are not obligated to review any Third-Party Sites, we do not control any of the Third-Party Sites, and we are not responsible for any of the Third-Party Sites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such Third-Party Sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. If you decide to access any of the Third- Party Sites to which we have provided links from our Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those Third-Party Sites. Ultimately, you are responsible for and assume all risk arising from your use or reliance of any Third-Party Sites.

8. OWNERSHIP

Our Services are owned and operated by Company or its licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), and all other elements of the Services are protected by copyright, trademark, and other laws of the United States and foreign countries (collectively, “Proprietary Materials”). You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, including in any Content. Company reserves all rights to the Proprietary Materials and except as otherwise provided for by law, you may not (i) use of the Proprietary Materials in any manner inconsistent with these Terms. In addition, reverse engineer the Proprietary Materials is strictly prohibited. Company reserves all rights to the Proprietary Materials not granted expressly in these Terms.

You acknowledge and agree that any feedback, communications, comments, questions, suggestions, or related materials you send or otherwise transmit or provide to us, in or through any medium (e.g. videoconference, survey, interviews, email, SMS exchange, letter, email, telephone, etc.) regarding the Services (“Feedback”) including new features or functionality relating to the foregoing will be the sole and exclusive property of Company and you hereby irrevocably assign to us all of your right, title and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using the Feedback. Where the above assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and to exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel our use, display, reproduction, or distribution.

9. TERMINATION

If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Services. You may cancel your use of the Services by contacting us at our Email Notice Address. Termination or cancellation of your use of the Services does not alter, modify or otherwise change any terms and conditions of any other agreement you have, if applicable, with the Company.

10. DISCLAIMER

While we attempt to keep all the information on the Website and Services up-to-date, information can change quickly, and the Website, Services, etc. should not be considered error-free or as a comprehensive source of all information on a particular topic. We make no warranties or representations as to the accuracy of the content of the Website or the Proprietary Materials, and assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information included on the Website or Services. Your use of our Services through any medium is subject to the additional disclaimers and caveats that may appear throughout these Terms and in the Proprietary Materials. You assume the entire risk of loss in using the Website or Services. You understand and agree that the Services are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

11. LIMITATION OF LIABILITY

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED (A) TO THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE SERVICES, IF YOU HAVE MADE ANY PAYMENTS TO COMPANY OR $50, OR (B) IF YOU HAVE NOT MADE ANY PAYMENTS TO COMPANY, THEN TEN UNITED STATES DOLLARS ($10.00). WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BY USING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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. ”.

12. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain types of damages (e.g. warranties or the exclusion or limitation of liability for consequential or incidental damages). Accordingly, some of the limitations above may not apply to you to the extent prohibited by Applicable Law. In such cases, our liability will be limited to the fullest extent permitted by Applicable Law

13. GENERAL

These Terms are governed by the laws of the State of North Carolina, without regard to any conflict of laws rules or principles. You agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall exclusively be brought in a state or federal court located in Wake County, North Carolina. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services. If we make any material changes to these Terms, we will notify you of such changes by posting them on our Website or by sending you an email or other notification or message (including push notifications and in-app news notices) and we will indicate when such changes will become effective. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

14. QUESTIONS & CONTACT INFORMATION

Please contact us at our Email Notice Address or our Physical Notice Address if you have any questions about our Terms.