Terms of Use

1. INTRODUCTION.

This site ("Site") is owned by United Consumer Financial Services Company ("UCFS").

2. ACCESS TO THE SITE.

By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use, including the Site Privacy Policy, ("Terms") and to comply with all applicable U.S. laws and regulations. If you do not or cannot agree to the Terms, please do not use the Site or any of the services offered through the Site. UCFS reserves the right, in its sole discretion, to from time to time update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms as "AdditionalTerms") will be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

3. ACCEPTABLE USE OF THE SITE.

In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all service fees associated with such access.

(a) Main User and Sub-User Access.You agree that only you, either as the Main User or as an authorized Sub User, are authorized to visit, view and use the Site for internal use only and not on behalf of any other person or entity other than the Main User, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for the internal use of Main User unless otherwise specifically authorized by UCFS in writing. For purposes hereof, “Main User” shall mean a Kirby distributor who has a contractual relationship with UCFS, and “Sub User” shall mean any individual specifically identified by Main User in the Profile section of this Site as being authorized to have access to the Site

(b) Passwords and Maintenance of Secured Access.You are entirely responsible for maintaining the confidentiality of your user name and password and for all activities which occur during your use of the Site.You agree to immediately notify UCFS and Main User of any unauthorized use of your password or of any other breach of security known to you.Main User agrees to limit the number of authorized Sub Users to those with a genuine need for access to information on the Site, and further agrees to immediately discontinue a Sub User’s authorization to the Site once warranted, by termination or otherwise, by updating the Profile or by otherwise contacting UCFS.

(c) Security, Cracking and Hacking.You are prohibited from violating or attempting to violate the security of the Site.Accordingly, you agree not to:(i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site.Violations of system or network security may result in civil or criminal liability.UCFS reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

(d) You Are Responsible for All of Your Activities and All of The Content You Post.You represent and warrant that any information you post or provide to UCFS by means of the Site, including, without limitation, any information related to a consumer sales contract, is truthful, accurate, not misleading and offered in good faith.UCFS expects that you will exercise caution and best business practices in using information supplied through the Site.You agree NOT to use the Site for or in connection with any of the following activities:(i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any tortious, fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including any materials that promote violence or assist in causing or carrying out such violence or materials that holds UCFS or its employees, officers, directors, shareholders, affiliates or the Site up to public scorn or ridicule; or (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.

(e) Third-Party Intellectual Property Rights.Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to:(i) transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others.For purposes of these Terms, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.

(g) Ownership.UCFS will place content ("Content") on the Site for you to review and use.Content includes financial and other information relative to consumer installment contracts.All Content and materials on the Site are the property of UCFS and is subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws.All software used on the Site is the property of UCFS or its licensors and is subject to U.S. and international copyright laws.Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of UCFS and any other applicable copyright owner.You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site.All rights not expressly granted hereunder are expressly reserved to UCFS.

4. WARRANTY DISCLAIMER.

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.UCFS DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE.UCFS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

UCFS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, OR SERVICES FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SITE.UCFS CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES UCFS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. THEREFORE THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY THE LAW.

5. LIMITATION OF LIABILITY.

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF UCFS, ITS AFFILIATES, LICENSORS OR CONTRACTORS, SHALL UCFS OR ITS AFFILIATES, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF UCFS OR AN AUTHORIZED UCFS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL UCFS’ TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS UCFS AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

6. GOVERNING LAW AND ARBITRATION

The laws of the State of Ohio (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Westlake, Ohio under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN CUYAHOGA COUNTY, OHIO, U.S.A.

7. WAIVER AND SEVERABILITY

Furthermore, no delay or omission by UCFS to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by UCFS. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

Other Legal Notices:

Site Copyrights, Trademarks & Permissions
Site Terms and Conditions of Use
Site Privacy Policy