This is a legal agreement (“Agreement”) between you and One Park Financial, a Florida LLC (“OPF”), which may be contacted at 4651 Salisbury Road, Suite 400 ,Jacksonville, Florida 32256. By accessing the OPF website, currently located at www.oneparkfinancial.com (the “Site”), and using any of the Services (as defined below) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.
This Agreement is subject to change by OPF in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
OPF is licensed as set forth in the Licenses and Disclosures section, which is incorporated into this Agreement by reference.
1. Defined terms
2. Use of Site and Service
3. Proprietary Rights
4. User Information
6. Links to Third-Party Websites/Dealings with Advertisers and Sponsors /
7. Lender Terms
8. Disclaimer of Warranty
9. Limitation of Liability
11. Communication and Privacy
12. Term and Termination
14. General Provisions
15. Revision Date
1. Defined Terms
As used in this Agreement, the following words shall have the following meanings. “OPF” includes “OPF”, “we”, “us” and variations such as “our”. “Service” includes the products, services and software that you order, receive or access as part of the OPF service.
2. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
a. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OPF is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.
b. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you provide through your use of the Site and any Services; (ii) the information and content you make available in any manner through the service; and (iii) your interaction with any and all third-parties.
c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.
d. No Guarantees. OPF may not be able to provide matches for every Registered User seeking to use its services. Further, OPF makes no guarantees as to the number of matches or the ability to obtain business funding in any amount.
e. No False Information. You will provide accurate, true, current and complete information.
f. Legal Purpose. You will not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
g. Business Purpose. You will only use the Site or Services for a bona fide business purpose. You will not use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
h. Age. You must be eighteen (18) years or older to use the Site or Services.
3. Proprietary Rights
a. Ownership of Proprietary Information. You hereby acknowledge and agree that OPF is the owner of all rights in and to the Site and Services. These proprietary rights are protected by federal, state and local laws and regulations. You are permitted to use the Site and Services only as expressly authorized by this Agreement. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to OPF and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
4. User Information
b. Information Security Policy. The OPF Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Site, received directly from you or transmitted to or from third parties.
c. Disclosure by Law. You acknowledge and agree that OPF may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or nor such disclosure is required by applicable law); or (ii) protect or defend OPF´s, or a third-party´s, rights or property.
d. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow OPF to anonymously use the information from you and your experiences through the Services to continue OPF´s research into successful business practices and to improve the Services.
OPF offers subscription services, each of which is explained in more detail below. Further product, subscription and services descriptions are provided through the Site and are made a part of this Agreement by reference.
a. The Free Membership Plan. This is a free subscription that occurs when you complete the loan profile on the Site. This membership may provide various lender matches. You will also have access to OPF customer service representatives via chat to assist you with certain questions. OPF does not make any guarantee of the number of lender matches each customer may or will have.
6. Links to Third-Party Websites and Dealings with Advertisers and Sponsors
7. Lender Terms
The following terms apply to a lender or potential lender that accesses the Site. All other terms also apply to a lender or potential lender.
a. Access to the Site. Access to the Site will be on a limited basis in accordance with the Lender Package purchased. A lender or potential lender may not exceed the limits of the Lender Package purchased. In the event a lender or potential lender exceeds the limits set forth in the Lender Package purchased, such lender or potential lender shall be prohibited from future access to the Site.
b. Access to Client Information. A lender or potential lender may only access client information for the purpose of providing business loans. Lenders or potential lenders are explicitly restricted from accessing the Site or client information for the purpose of providing personal loans for personal, family or household use.