By clicking on the “accept” button, you agree that you have read, understand and accept the terms and conditions below regarding Digital Financial Group, LLC’s (“DFG”) Online Pre-Application form, website, network or systems (“Site Services”). If you do not agree with any of these Terms and Conditions, do not click the “sign” button.
1. Truthful Information. You agree that the information provided by you in the Online Pre-Application form (“Information”) is truthful, accurate, current and complete. If DFG or its affiliates has reasonable grounds to suspect that the Information is untrue, inaccurate, not current or incomplete, DFG has the unilateral right to immediately suspend or terminate the pre-application approval process.
2. Confidentiality. DFG shall take reasonable steps to protect the Information, including the implementation of physical, technological and organizational procedures designed to protect the integrity and security, and to ensure the appropriate use, of the Information. These procedures are appropriate to the nature, sensitivity and format of the Information collected, used, stored and disclosed by DFG. For example, DFG uses Secure Sockets Layering (“SSL”) to encrypt the Information before it travels over the Internet. SSL technology is the industry standard for secure online transactions.
3. Disclosure. You agree that, as part of the pre-application process, DFG has the authority to disclose the Information to credit/debit card processors, member banks, card associations (such as Visa, MasterCard or any other card issuer) or any other individual or entity that DFG deems necessary as part of your pre-application approval process. In doing so, DFG shall utilize the safeguards set forth in paragraph 2 above, including the use of SSL. DFG shall not forward, sell or otherwise disclose any Information to any individual or entity unless DFG determines, in its sole discretion, that the disclosure is necessary as part of your pre-application process or the disclosure is required and/or permitted by law, such as a response to a court order or subpoena to comply with a legally permissible inquiry by a government agency.
4. Credit Inquiries. You hereby authorize DFG or its affiliates to make any credit inquiries DFG considers necessary as part of the pre-application process. You also authorize any person or credit reporting agency to compile information to answer such credit inquiries and to furnish such information to DFG or its affiliates. If necessary, you agree to promptly provide to DFG such financial statements or other information concerning your business or operations as may be requested by DFG.
5. Uses Prohibited by Law. To the extent that the following activities are prohibited by applicable law, in using the Site Services, you shall not: (a) use the Site Services for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
6. Prohibited Interference. To the extent that any of the following activities materially interfere with the Site Services, you shall not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on the Site Services; (b) use Internet Relay Chat (“IRC”) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow of the Site Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to the Site Services; (f) use the Site Services to access the accounts of others without permission; (g) attempt to penetrate security measures of the Site Services, or another entity, or obtain or bypass others' passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
7. Indemnification. You hereby agree to indemnify and hold harmless DFG and its directors, members, principals, agents, employees, representatives, attorneys, affiliates and subsidiaries from and against any and all claims, demands, causes of action, liabilities, obligations and responsibilities of whatever kind or nature, whether at law, statutory, tort, contract, equity, or otherwise, whether known or unknown, whether fixed or contingent, and whether now or at any time hereafter discovered or asserted, in existence or arising at any time or times on or after the your acceptance of these Terms and Conditions and based upon, relating to or arising out of your breach, or your directors, members, principals, agents, employees, representatives, attorneys, affiliates and subsidiaries’ breach, of these Terms and Conditions.
8. Amendments. DFG reserves the right to amend these Terms and Conditions from time to time. If DFG makes an amendment, these Terms and Conditions will be updated accordingly. DFG recommends that you review these Terms and Conditions periodically so that you are aware of any amendments. If DFG makes a material amendment to these Terms and Conditions, DFG will make reasonable efforts to notify you. For example, your continued consent to our collection, use and disclosure of the Information or your continued use of the Site Services following the notification or posting of any changes to these Terms and Conditions shall constitute your acceptance of these changes.
9. Construction of the Agreement. The construction and effect of these Terms and Conditions shall be governed by the laws of the State of Arizona. These Terms and Conditions contain the entire understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, inducements or conditions, express or implied, oral or written, except as contained herein.
10. Binding Effect. These Terms and Conditions are binding upon and shall inure to the benefit or detriment of the parties’ respective heirs, successors, and assigns. The individuals agreeing to these Terms and Conditions on behalf of the respective parties also represent and warrant that they have fully read these Terms and Conditions, understand their terms and have the full and necessary authority to agree to and bind the respective parties hereto.
11. Represented by Counsel. You acknowledge that you have been represented by counsel, or have at least had the opportunity to obtain adequate counsel, in order to review these Terms and Conditions and, as a result, have had ample opportunity for any and all questions related to their interpretation, meaning or effect to be explained by counsel and hereby waive any right to claim that these Terms and Conditions are ambiguous or unconscionable or otherwise unenforceable for any reason.
12. Severability. If a court of competent jurisdiction makes a final determination that any term or provision hereof is invalid, illegal or unenforceable, the invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is legal, valid and enforceable and that comes closest to expressing the intention of the illegal, invalid or unenforceable term or provision, and the remaining terms and provisions hereof shall remain unimpaired.
13. Captions and Interpretations. Section titles or captions contained herein are inserted as a matter of convenience and for reference, and do not define, limit, extend, or describe the scope of these Terms and Conditions or any provisions hereof.
14. Attorneys’ Fees. The prevailing party in any dispute regarding these Terms and Conditions shall be entitled to receive, in addition to any other remedy or award, actual attorneys’ fees and costs incurred as a result of the dispute.