Terms of Use

Terms of Use for MissionFinancialResources.com



1. AGREEMENT TO TERMS


‘These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Mission Financial Resources ("Company,” “we,” “us,” or “our’), concerning your access to and use of the https://missionfinancialresources.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated’ date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.


The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.


2. INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content’) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS’ for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


3. USER REPRESENTATIONS


By using the Site, you represent and warrant that:

(1) you have the legal capacity and you agree to comply with these Terms of Use;

(2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

(3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(4) you will not use the Site for any illegal or unauthorized purpose; and

(5) your use of the Site will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


4. PROHIBITED ACTIVITIES


You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or

approved by us.


As a user of the Site, you agree not to:


  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content
  • contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs), 11 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms" or “pems").
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.


5. USER GENERATED CONTRIBUTIONS


The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:


  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading,
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.


Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.


6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any

purpose without compensation to you.


We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


7. MOBILE APPLICATION LICENSE


Use License


If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.


Apple and Android Devices


The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor’) to access the Site:

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;

(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting’ country and (i) you are not listed on any U.S. government list of prohibited or restricted parties;

(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VolP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and

(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.


8. SUBMISSIONS


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions


9. THIRD-PARTY WEBSITE AND CONTENT


The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site, Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.


10. SITE MANAGEMENT


We reserve the right, but not the obligation, to:

(1) monitor the Site for violations of these Terms of Use;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


11. PRIVACY POLICY


We care about data privacy and security, Please review our Privacy Policy: https:/www.missionfinancialresources.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.


 


12. TERM AND TERMINATION


These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY  REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without  imitation pursuing civil, criminal, and injunctive redress.


13. MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.


We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith


14. GOVERNING LAW


‘These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.


15. DISPUTE RESOLUTION


Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party’) shall be commenced or prosecuted in the state and federal courts located in Fulton, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.


16. CORRECTIONS


There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, ricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


17. DISCLAIMER


THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,

(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE, CAUTION WHERE APPROPRIATE.


18. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


19. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


20. USER DATA


We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data


21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF  TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


22. CALIFORNIA USERS AND RESIDENTS


If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.


23. MISCELLANEOUS


These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


24. Products and Services


You understand and agree that the services provided by Mission Financial Resources include assessing your eligibility for business funding, pre-qualifying and matching you with the financial products offered by our business partners, and coordinating and maintaining that relationship when possible and appropriate.


Mission Financial Resources is not a lender or direct issuer of loans, but some of the financial products offered by our partners may include loans, along with other alternative funding options.


Mission Financial Resources is not a financial consultant company, nor do we offer legal advice. Before making a financial decision or strategy for your company you should consider obtaining the advice of your attorney, accountant, and other trusted consultants.


You may request pre-qualification for business funding through the Site by filling out our online application. The application will request your personal and business information, including but not limited to your name and address, phone number and email, the amount requested, the intended business purpose, and financial information regarding the business revenue.


We offer an option to connect your bank with a secured third-party, which will allow us to directly retrieve your transactional data. Third-party services used for financial information have their own terms and conditions of use and access.


By submitting your application, you authorize Mission Financial Resources and our selected business partners to obtain information from third-party sources, including credit bureaus. Based on our assessment of your application information, we may restrict the number of partners who will conduct further inquiries to those we predict are most capable of fulfilling your business funding needs, if we submit your information at all.


Mission Financial Resources may suspend or discontinue our services or limit the availability of funding products at any time and for any reason, without liability and without notice.


25. Applying for Business Funding


Consent to Conduct Business Electronically

By clicking “continue” when prompted through our online application, you acknowledge that you have carefully read and agree to the Mission Financial Resources Terms of Use in its entirety, as well as our Privacy Policy found here: https://www.missionfinancialresources.com/privacy


Submitting a business funding application electronically through the Mission Financial Resources Site has the same force and effect as if the application was signed by hand with an ink signature. Any electronic or paper communications will be considered “in writing.”


In utilizing any of the functions of the Site, Applicant’s Representative warrants and represents that he or she is over the age of 18, a legal US resident, is acting pursuant to express authorization to act on behalf of the Applicant, and able to enter binding agreements on behalf of the Applicant.


The Applicant certifies that any funds obtained through our services will be used solely for legitimate business purposes and not for any other reasons outside of that scope.


In order to service your request for business funding, you authorize Mission Financial Resources, our affiliates and business partners, to;


(a) send electronic disclosures to the email address(es) provided by you, including all relevant documents, notices, and contracts.
(b) communicate with you electronically, at any telephone number, fax number, email address that you submit to us, based on your interest in and eligibility for our financial products now or in the future.
(c) contact third-parties as necessary to verify your information, including your identity and the legitimacy of your business. We may require identifying documentation from you as a condition of continuing with our services at any time.
(d) analyze the financial health of your business by obtaining proof of your business revenue. Proof of business revenue includes the choice of providing us copies of your business bank statements or linking your transactional data using a secure third-party.
(e) obtain and review consumer and business credit reports; and to conduct further credit inquiries as required, which may impact your credit score.


Consent to Obtain Credit Report

In submitting your application for business funding, you are providing Mission Financial Resources and our business partners authorization to inquire about your credit and to obtain reports from credit bureaus as needed to fulfill your request for business funding and monitor your credit performance.


By any forms or applications furnished on the Site, you are providing written consent for Mission Financial Resources and our affiliate companies and business partners to obtain and review your consumer and business credit reports. The “soft pull” initiated by Mission Financial Resources will not affect your credit score, but credit inquiries by our business partners may impact your credit score.


The information from your credit report, among other considerations, will be used in determining your eligibility for certain financial products in the assessment of the financial readiness of your business to receive funding.


You understand that our partners, at their sole discretion, may approve or decline your application and may or may not provide us with the details of their decision. The credit inquiries conducted by our business partners may or may not have an impact on your personal credit score.


You understand and agree the Mission Financial Resources cannot guarantee that your application will result in approval, or submission for approval, for any business funding products offered through our services.


Consent to Contact and Receive Electronic Communications

Accepting these Terms of Use means you explicitly authorize Mission Financial Resources, our representatives, affiliates, and business partners to contact you by telephone, fax, e-mail and physical mail.  By opting in you agree to receive Short Messaging Service (SMS). Phone and SMS terms are outlined separately.


We, or any agent or representative acting on our behalf, may contact you by any means and for any reason, including but not limited to; fulfilling your request for business funding, communicating information on the status of your business funding, marketing additional products or services, and delivering disclosures, notices, and agreements.


Below you will find further acknowledgments in your consent to receive electronic communications, as well as your options and instructions for withdrawing your consent.


Email

You expressly agree to receive electronic communications from Mission Financial Resources to any email address provided by you at any time, unless and until you withdraw your consent in writing.

You agree to allow Mission Financial Resources to respond to any inquiries by email, and to forward your inquiry to the appropriate representative or partner to whom the inquiry should be directed.

You understand and acknowledge that receiving disclosures, notices, and agreements via email is required to fulfill your request for business funding.

You may withdraw your consent to receive marketing or other automated emails at any time by clicking “unsubscribe” at the bottom of the Mission Financial Resources email you receive, but this will not prevent us from contacting your email with relevant updates or information regarding the status of your application for business funding or providing relevant account details.

During the application process you may withdraw your consent to receive all emails by contacting info@missionfinancialresources.com, but understand that doing so will prohibit you from using our services or accessing any funding products offered through the site.


Limitations on Withdrawing Consent to Electronic Communications

Please note, if you have previously submitted your information to Mission Financial Resources, have provided us multiple phone numbers or email addresses, or have corresponded directly with one of our representatives in addition to using the Site, then we may have duplicate contact information associated with your account.


While we make every effort to process all requests to withdraw communication consent, you may be still contacted in error. Please notify us at info@missionfinancialresources.com if such an error occurs and we will take appropriate measures to resolve the issue.


You also acknowledge that withdrawing consent for one form of communication shall be exclusive to that form (for example, “unsubscribing” from emails will not automatically place you on a “do not call” list).


If you have received a funding product through your use of Mission Financial Resources services and request to withdraw consent, then the separate terms and conditions of the funding agreement will take precedence, and Mission Financial Resources, our business partners, and any representative or agent acting on their or our behalf may contact you by any means and as needed for any purpose, including enforcing contractual or legal rights and obligations.


You further understand and acknowledge that our affiliates, vendors, business parties, or any third parties with whom we have shared your information have their own Terms of Use and Privacy Policies that may differ from our own, therefore requests to withdraw consent must be directed to these third parties and may not be fulfilled in all cases.


Consent to Contact Third-Parties

You understand and agree that you authorize Mission Financial Resources to access third-party sites on your behalf for the purpose of servicing your request for business funding, thereby granting Mission Financial Resources a limited power of attorney as your agent.


With this authority Mission Financial Resources may use your information to access third-party sites, access documents, and retrieve information, with full power of attorney to do and perform every act as necessary and for all intents and purposes outline in these Terms of Use.


The services offered through our Site may incorporate Application Programming Interfaces (API’s) to communicate and share information with third-parties. The API’s utilized through the Site include transmitting your transactional data and other personal or business information to Mission Financial Resources or our partners.


You agree that by linking your bank account via API through a third-party to Mission Financial Resources, you grant us the authority as your agent to access this information at any time and as needed to monitor your performance.


Mission Financial Resources bears no responsibility for the content, or availability of the content, provided by or through the use of third-party API’s.


Monitoring and Privacy

You acknowledge and agree that any of your electronic communications with us, including telephone calls, may be monitored or recorded at any time and without notice.


Monitoring may involve an ongoing review of your business bank account if linked by a secured third-party, updating an inquiry into your credit, and reviewing your communications with us for quality assurance or training purposes, and to assess your financial readiness to receive business funding now or in the future.


Recording may also include tracking your activity on the Site or saving data files of your communications with Mission Financial Resources. All communications are subject to the Mission Financial Resources Privacy Policy (found here: https://www.missionfinancialresources.com/privacy), which is incorporated by reference in these Terms of Use.


You understand and agree that certain information or communications may be disclosed if required by law or legal process, or at the request of a third-party with reasonable cause, or if necessary to protect, defend, or enforce Mission Financial Resources’s rights.


Account Information and Security

Accessing certain features of our Site and services requires creating an account. By creating an account through our Site, you are licensing Mission Financial Resources to view and store any credentials, passwords, information, data, content or other materials you provide to enable Mission Financial Resources and our partners to provide you with our services.


You are responsible for maintaining the security of your account and passwords as well as limiting how and where you access your account. You will not share full or partial credentials for the Site, and you may not authorize others to use your account or transfer your account to another business entity or person.


You will not hold Mission Financial Resources liable for unauthorized use of your account. However, you may be liable for any losses of Mission Financial Resources, our partners, or others arising from said use.


If we determine or suspect that your login information is being shared, we may choose to terminate your access to all or parts of our Site or services. If you become aware of any unauthorized person or entity using your account or believe a device on which you interact with your account has been stolen or compromised, then you must notify us to terminate or suspend your account access immediately by emailing info@missionfinancialresources.com.


Updating Your Information

You authorize Mission Financial Resources to consider all information on your application to be true, accurate, and current, unless we are contacted directly and made aware of any changes.


You bare full responsibility for keeping your personal and business information up to date and hereby agree you will contact us immediately of any change to your phone number, email address, physical address, or any other information associated with your account.


Additionally, you agree to promptly notify us of any changes to the business’ location, circumstances, alterations to the legal name of the business entity, restructuring or transfer of ownership, or eligibility for continued use of our services. You may notify us directly through the Site, by contacting your Mission Financial Resources representative, or by emailing info@missionfinancialresources.com.


All relevant notices, disclosure, payments or letters shall be considered received if sent by Mission Financial Resources to the contact information you provide. For example, if we send a notice to the email address on your application and you have since changed your email address, that notice will be considered delivered to you by Mission Financial Resources.


Mission Financial Resources shall not be held responsible for any fees, payment processing errors, or any other damages arising from your negligence in keeping the information on your account current.


Compliance With Laws

You shall comply with all applicable state and federal laws and regulations regarding your use of the Site and services in all your dealings with Mission Financial Resources, our affiliates, partners, or other third-parties.


If we suspect or become aware of any potential violation or unlawful use of these Terms of Use or Privacy Policy, we will conduct a thorough investigation and take appropriate action.


You are required to cooperate fully with any investigation by Mission Financial Resources, its agent or with law enforcement officials.


You acknowledge that any willful violation of this binding agreement or illicit use of our services could result in civil or criminal penalties.


26. CONTACT US


In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:


Mission Financial Resources


Phone: 470-880-0175


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