Our company (“Company” “we” “us” or “our”) recognizes the importance of protecting the privacy of those that visit this website and/or app (“Website”), submit information and/or use our products and services. “Information”, more fully defined below, includes all of the identifying information that you provide to us, and/or we acquire from your use of the Website and/or our products and services. We are sensitive to your privacy interests and believe that protecting valuable business, personal and financial information is one of our most significant responsibilities.
- We may collect the following information (all or any portion of which is defined as the “Information”):
- personally identifiable information that you provide to us that can identify you such as your name, address, phone number, e-mail, date of birth, and Social Security Number, as well as, as applicable, your payment, billing, online bank, financial institution, utility companies, landlords, subscriptions, social media accounts (together “account”), and the username, ID and password to access your account that you provide to us;
- all available current, historical and ongoing transaction and payment information on the accounts;
- information that you provide to us about other people which you confirm you are authorized to provide and permit access (i.e., joint account holders), including their name, address, phone number, e-mail, date of birth, and Social Security Number;
- the name of the Internet Service Provider and the Internet Protocol (IP) address through which you access the Internet;
- the date and time you access the Website;
- the pages that you access within the Website and the Internet address of the website from which you linked directly to the Website.
- We may use Information directly and/or through a vendor (defined below) to:
- manage your customer relationship and provide you with customer support;
- research and analyze your use of, or interest in, products, services and content and the products, services and content offered by others;
- communicate with you via e-mail, postal mail, phone, text, and/or mobile devices about products or services that may be of interest to you;
- develop and display content and services tailored to your interests on our Website and other websites either directly or through our vendors;
- develop and deliver targeted advertisements;
- measure the overall effectiveness of online advertising, content, programming and other activities;
- conduct analytical research, performance tracking and benchmarking;
- enhance the type of data, products and services provided to you now or in the future;
- develop new products and services;
- perform functions as described to you at the time of collection of the Information;
- if applicable, furnish such to a financial institution to facilitate a transaction that you may have applied for;
- if applicable, match you with financial institutions that may wish to offer products or services to you;
- if applicable, verify your identity, protect against or identify possible fraudulent transactions;
- if applicable, help financial institutions deliver the products and services you may have requested;
- store and process such in the United States or any other country in which Company maintains facilities, and by using the Website, you consent to any such transfer of information outside of your country;
- make such accessible through Company’s credit reporting system pursuant to the FCRA by both authorized subscribers and by you and therefore you expressly understand and agree that such Information may be disclosed as permitted by the FCRA and to financial institutions for the purpose of making offers to you;
- act in accordance with applicable law. Company shall have no obligation or responsibility to use, incorporate, or return Information to you or act upon any instructions from you regarding the Information except as expressly set forth herein or required by applicable law. Company reserves the right to exclude the use of certain Information submitted. If Company learns of inaccurately submitted Information, Company reserves the right to update or remove such Information from its credit reporting system.
- Company retains Information for as long as necessary in accordance with applicable local, state and federal laws regarding use, storage and disclosure of Information, including, but not limited to, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et. seq. (“FCRA”) and the Gramm-Leach-Bliley Act of 1999 (“GLBA”).
- All Information voluntarily submitted by you or provided to us by your accounts pursuant to the access you permit, becomes our property after receipt.
- You agree that Company may use, retain and/or disclose such Information as set forth herein without financial consideration to you.
- Opt Out
- If you do not want Company to use, retain and/or disclose your Information as set forth herein, you may opt out by not accessing the Website.
- IN THE EVENT YOU WISH TO CEASE PROVIDING INFORMATION TO US, UPDATE YOUR INFORMATION, OR CORRECT OR DELETE INNACURATE INFORMATION, YOU MAY CONTACT US AS INDICATED HEREIN, OR AS SET FORTH ON THE WEBSITE. HOWEVER, COMPANY WILL RETAIN ACCURATE INFORMATION YOU FURNISHED PRIOR TO YOUR CONTACT, AND THAT WE OBTAINED ABOUT YOU FROM THIRD PARTIES AS DESCRIBED HEREIN AS PERMITTED BY POLICY OR LAW. YOU MAY REQUEST A COPY OF THE INFORMATION WE OBTAIN AND RETAIN.
Account information as obtained from your account does not represent an official record of such account. Company does not make any direct, indirect, manual or automated determinations regarding approval of financial transactions for you. If applicable, Company may verify application information and submitted Information, returns such information to the lender (whom makes the approval determination) from whom you may seek a loan and then retains such Information in our credit reporting systems, for use to help you with your future applications for credit at lenders whom use our credit reporting system or services or as otherwise permitted by the FCRA.
- Maintenance of Accurate Information
- Company has established procedures so that submitted Information is current and complete, in accordance with reasonable commercial standards. Any request to correct inaccurate Information will be responded to within a timely manner.
- Company may send out periodic communications via e-mail, text, phone or mail informing you of technical service or security issues related to a product or service you requested, or confirming you requested a product or service. In some services offered by Company, contact with you may be an intrinsic part of the service. You will not be able to choose to unsubscribe to some of these communications, as they may be considered an essential part of the service(s) you have chosen.
- One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a website, a cookie helps the website to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases website navigation, and so on. When you return to the website, the information you previously provided can be retrieved, so you can easily use the website's features that you customized.
- Use of Web Beacons
- The Website may contain electronic images known as Web Beacons, sometimes also called single-pixel gifs, which allow us to count users who have visited those pages and to deliver co-branded services. Company may include Web Beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
- You could accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this Website or other websites you visit.
- Opting-Out From Cookies
We recognize how important your online privacy is to you, so we offer the following options for controlling the targeted ads you receive from us and our third party vendors:
- You can opt-out of receiving targeted ads served by us: You can opt out of receiving targeted ads served by us or by others on our behalf contacting us as indicated below. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to execute this opt out on each browser or device. If you opt-out we may collect some data about your online activity for operational purposes (such as fraud prevention) but it won't be used for the purpose of targeting ads to you.
- You can opt-out of receiving email marketing or targeted ads served by us or our third party vendors: Our third party vendors may be members of the Network Advertising Initiative (NAI) and adheres to the NAI Codes of Conduct. You may use the NAI opt out tool here, which will allow you to opt out of seeing targeted ads from us and those of our third party vendor members, and from other NAI approved member companies.
- Our third party vendors may also comply with the Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). You may opt out of receiving targeted ads from other companies that perform ad targeting services, including some that our third party vendors may work with as Advertising Partners via the DAA website here.
- Our third party vendors may also comply with the Canadian Self-regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance of Canada (DAAC). If and as applicable to you, you may opt out of receiving targeted ads from other companies that perform ad targeting services, including some that our third party vendors may work with as Advertising Partners via the DAAC website here.
- Our third party vendors may also adhere to the European Interactive Advertising Digital Alliance (EDAA) guidelines for online advertising. If and as applicable to you, you may opt out via their website Your Online Choices.
- Limiting Employee Access to Information
All Company employees are educated about the importance of privacy and confidentiality. Only those employees having a legitimate business reason for knowing submitted Information have access to such.
Company shall have the right to terminate, discontinue, suspend or modify the Website, the products or services at any time, in whole or in part, with or without notice, at Company’s sole discretion and you agree that we shall have no liability for doing so. In addition, Company may, in its sole discretion, refuse or restrict its products or services to anyone at any time. Further, Company reserves the right to investigate, involve and cooperate with appropriate investigatory departments or authorities regarding any suspected or actual fraudulent or other illegal or unauthorized activities involving the Website, products or services and to disclose any information necessary for such purpose.
- Ownership and Trademarks
- The Website, products and services, including all content, HTML, source, object or other code, pages, wording, marks, names graphics, software and all other materials associated with or within the Website (collectively, the "Content"), and the compilation of the Content and the "look and feel" of the Website, products and services are the property of Company and its contractors, licensors, advertisers, suppliers, conduits, service providers, and other providers of connectivity, communication, data, information, products, or services, and other vendors (together “vendors”), and protected by US and international copyright and intellectual property rights laws and treaties. No portion of the Content may be used or exploited for any purpose and in any form without the express prior written permission of Company and as applicable, its vendors.
- The Company Website, names, logos, marks, product and service names are trademarks or registered trademarks of Company and otherwise Company's property, which may not be used for any purpose without the express prior written permission of Company. Other names and marks used on the Website are the property of the respective vendor or other owners. All rights not expressly granted are reserved.
- Disclaimer of Warranties
THE WEBSITE, SERVICES AND PRODUCTS THEREIN ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PRODUCTS, OR SERVICES WILL BE ACCURATE OR RELIABLE. THE WEBSITE, PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE, PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEBSITE, PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) ANY COMMUNICATION LINE, COMPUTER, SYSTEM, INTERNET, SERVER, EQUIPMENT, SOFTWARE OR E-MAIL, TEXT OR PHONE FAILURE, MALFUNCTION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; (B) THE USE OR THE INABILITY TO USE THE WEBSITE, OR ANY PRODUCT AND/OR SERVICE OFFERED VIA THE WEBSITE; (C) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE VIA THE WEBSITE; (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; OR (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR SUBMITTED INFORMATION. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY AND ITS VENDORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE WEBSITE, PRODUCTS AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- Legal Warning
- Any attempt by any individual accessing the Website, the products, or services, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, products or services, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. You agree not to use the Website to engage in any prohibited conduct or for any unlawful purpose. Broadly stated, this includes any conduct that is unlawful, untruthful, tortious or that is harmful to (or puts at risk) Company, its vendors or any other party or property; that violates another party's privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of the Website or any product, service, system or other property. Further, you agree to submit only true, valid and accurate Information to us directly or via any account (including through the Website or any registration or application process). You also agree to promptly correct any errors in any Information related to you. You may not use the Website to seek to discover or obtain information about, or to provide information about, any other person or entity unless you have the explicit legal right to do so.
- No part of the Website, products, or services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the products, services, Website, Website content or any portion thereof. Systematic retrieval of content or matter associated with the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is strictly prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper functionality of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Company or vendor systems or infrastructure.
- Resolution of Claims and Disputes; Arbitration
You agree that any action against Company, its vendors or its and their officers, directors, shareholders, employees, attorneys, agents, contractors, licensors, advertisers, vendors, suppliers, conduits and service providers of connectivity, communication, data, information, products, or services relating to or available on, from or through the Website must be brought timely in accordance with applicable law.
- Forum Selection; Jury Waiver
Each party consents to the exclusive jurisdiction of the courts of the State of New Jersey or to any Federal court located within the State of New Jersey to resolve any dispute regarding Company, the Website and the products and services, including for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrator, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies. FURTHERMORE, IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN NEW JERSEY AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM, AND YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, MASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.
BECAUSE YOUR USE OF THE WEBSITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT WOULD HAVE BEEN AVAILABLE IN COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
- Class Action / Mass Action Waiver
You agree that you will not file or participate in a class action or any kind of class or joint action against or regarding Company, the Website and the products and services. Neither your claim nor the claims of any other parties may be joined or otherwise combined into a class action, mass action or a multi-plaintiff action.
ACCORDINGLY, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND SOLELY BY YOU, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, MASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
- Notices by you to Company must be in writing and sent by US Mail or overnight delivery to MicroBilt Corporation, 1640 Airport Road, Suite 115, Kennesaw, GA 30144, unless revised by Company in writing.
- Performance by Company may be subject to interruption and delay due to causes beyond its reasonable control, such as acts of government, war, terrorism, conflict, riot, God, weather, fire, disaster, epidemic, pandemic, health crisis, quarantine, curfew, power or telecommunications failure, strike, inability to obtain data, supplies, breakdown of equipment or interruption in utility company, landlord, lender, bank, financial institution or vendor services or communications, for which no liability shall be incurred.
- You specifically agree, acknowledge and consent to have thoroughly read, understood and agree to be bound by and adhere to the provisions herein regarding Resolution of Claims and Disputes; Arbitration, Forum Selection; Jury Waiver, and Class Action / Mass Action Waiver (together the “Specific Provisions”).
- Acknowledgement and Acceptance