TERMS AND CONDITIONS OF USE FOR EXACTPOINTS
BY YOUR ACCESSING, USAGE AND INTERACTION WITH OUR PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL SERVICES OFFERED ON THIS WEBSITE, AND ANY OTHER WEBSITES OWNED, OPERATED, OR RELATED TO THIS WEBSITE AND OR EXACTPOINTS, YOU ARE HEREBY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF USE, CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THIS SITE. PLEASE EXIT THIS AND ANY OTHER RELATED SITES, AND DO NOT USE ANY OF THE OFFERED SERVICES IN ANY WAY.
IF YOU ARE USING CREDIT MONITORING SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, A RESIDENT OF THE UNITED STATES, AND LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING PRE-SCREENING SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST TWENTY-ONE YEARS OLD, A RESIDENT OF THE UNITED STATES, AND LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Thank you for your use of the products, applications, materials and services (hereinafter, the "Products") offered by ExactPoint. ExactPoint is a Delaware corporation. RateAssurance, SuperScore, T For Transparency, LeaseAssurance, and Rate Vision are products offered by ExactPoint. The Products are provided by ExactPoint, which may also be referred to as "ExactPoint," ExactPoint, LLC," ExactPoint.com," "RateAssurance," "SuperScore, T for Transparency, LeaseAssurance, or Rate Vision"we," "us," or "ours." RateAssurance, SuperScore, T for Transparency, LeaseAssurance, and Rate vision are brand names for the purposes of the Products, websites and services you are utilizing, which, for the purposes of these Terms and Conditions, are to be considered synonymous with ExactPoint. ExactPoint and its products are separate entities, and not controlled by or operated by the automotive dealership through which you arrived at ExactPoint. For purposes of these Terms and Conditions, the automotive dealer from which you arrived at ExactPoint will henceforth be known as the "Dealer."
In addition to the Terms and Conditions contained herein, ExactPoint may offer Products which are subject to additional terms and conditions. These Products are governed by said additional terms and conditions, as well as these Terms and Conditions. If there is a conflict between the terms and conditions contained herein, and the additional terms and conditions will control on those respective Products.
ExactPoint may revise these terms for use of the Products at any time without notice, and by using this site, and the Products, you are agreeing to be bound by the current version of these Terms and Conditions at the time you use the site and/or Products. Any changes to these Terms and Conditions will become effective upon posting.
DESCRIPTION OF SERVICES
ExactPoint may provide you with several financial products, services and offers. When you provide the required information, as described herein and including your name, address and social security number and/or the last four digits of your Social Security Number to ExactPoint, you may receive a Firm Offer of Credit ("FOC") from the automotive dealers and/or lending institutions that have permissible purpose to provide loans and other financial products and services The FOC will contain an offer of credit by the automotive dealer and/or lending institutions which will contain a loan amount, loan term, and interest rate.
ExactPoint may provides credit monitoring solution for you to receive credit information, alerts, notification, and credit updates that may be shared with ExactPoint business partners, affiliates, subscribers, and other entities.
By registering and providing the information requested of you in the registration process and elsewhere truly and accurately, you will be creating an account with ExactPoint. You will be given an FOC, and may also be given access to Credit Monitoring. You are required to keep any and all information that has been requested of you at any time by ExactPoint fully up to date. By registering for an account, you agree to maintain the confidentiality of your password, and any other confidential account information, and accept any and all responsibility for the security and confidentiality of your password and other confidential account information.
By registering to receive pre-qualification, you are agreeing not to impersonate anyone else, or obtain any information on behalf of anyone else, whether that other person has authorized you to do so or not. You may not assign your account to anyone else. You also agree to notify ExactPoint if you suspect or know of any unauthorized use of your Account, or any known or suspected breach of security, including any loss or theft of your password.
ExactPoint may suspend, revoke, or cancel your account at any time if we suspect that you have provided untruthful or inaccurate information, or if we believe that your account has been compromised. If your account is suspended, revoked or cancelled, you agree to hold us harmless, and that ExactPoint will not be liable to you for any such suspensions, revocations or cancellations.
By registering to receive pre-qualification, you are agreeing that ExactPoint are sole owner of your account.
FAIR CREDIT REPORTING CONSENTS
AFFILIATES AND THIRD PARTIES
You agree that ExactPoint is not the source of any information regarding your credit history, or any other information. The credit information is obtained from a third party credit reporting agency. You also agree that ExactPoint have not and will not make you any offers of credit or automotive financing. Any offers of credit relayed to you through the Products, websites and services are not generated by or offered by ExactPoint. We do not control any third party content, including offers of credit. You expressly acknowledge that we are in no way responsible for your receipt of, use of, or damage resulting from any third party content. You should review the terms and conditions associated with any third party content.
The information you provide to ExactPoint will be shared with the data provider, TransUnion, and the Dealer. Refer to TransUnion and the Dealer regarding their handling of your information. Both the Dealer and TransUnion, or other parties related to them, may contact you via telephone, email, mail, or other means of communication. Said communications are not directed or controlled by ExactPoint.
ExactPoint may continue to provide the Dealer with information regarding your credit while you have an account and are enrolled in Credit Monitoring from TransUnion. The information which will be provided to ExactPoint and may be provided to the Dealer includes any and all information which is available to you through the Credit Monitoring, including but not limited to your credit score and credit inquiries.
In addition to the above, there may be links within the websites, products or services to third party sites or applications, which ExactPoint does not control or endorse. You expressly consent and agree that ExactPoint is in now way responsible or liable for any third party content. Any communications, agreements, terms and conditions, and other policies are solely between you and that third party, and are in no related to your agreements or interactions with ExactPoint. ExactPoint specifically disclaims any and all harm that may come to you through your interaction with, or use of any websites, services or products offered by any third parties, including TransUnion and the Dealer, including any third party content that you access through our Products, websites or services.
PRE-QUALIFICATION AND AUTHORIZATION
You are providing instructions to ExactPoints to access information in your credit report from one or more consumer reporting agencies such as Equifax, Experian or TransUnion for a period of 12 months following this loan offer request. ExactPoints may use this information to conduct a pre-qualification for credit through individual end-user such as the dealers, and may send you invitations to apply for, or make follow up loan offers from dealers and its lenders we’ve partner with, and, if you choose to proceed with a loan offer, to pre-fill your loan application and assist the lender in reviewing your loan application; and you agree to authorize ExactPoints to send your personal information to credit data provider and automotive loan providers and dealerships, on your behalf. You further authorize TransUnion and the Dealer to obtain and use your consumer credit data with the goal of providing you with automotive credit offers, although there is no guarantee that offers will be made, except for the FOC. You also acknowledge that some data providers may not use consumer credit information that is the most current or recent. You also understand that By registering to receive pre-qualification you are not applying for credit, and that any credit pulls will be soft pulls, which will not affect your credit score. You also acknowledge that if you choose to apply for any offers presented to you, that the provider of credit may run a hard pull on your credit report.
You understand that ExactPoints are not offering credit of any kind to you, and instead the offer originates from the Dealer and/or the Dealer's affiliates.
YOUR CREDIT SCORE
The FOC and information we provide to you and the affiliates are specific to the automotive sales industry. Accordingly, the credit score and information may not be useful for any other industry, like home mortgages. You are entitled by law to receive one free credit report per year from each of the three national credit reporting agencies. For more information about obtaining a credit report for free, visit AnnualCreditReport.com, or the Consumer Financial Protection Bureau.
INTELLECTUAL PROPERTY RIGHTS
ExactPoints own, hold, or license all of the intellectual property utilized on the websites owned and operated by ExactPoints, and to all of the other Products, including but not limited to applications. Said intellectual property includes but is not limited to the ExactPoints name, logo, and any and all related logos. The Intellectual Property is protected by U.S. And International intellectual property laws. Technologies and processes embodied or use with the Products, websites and services are covered under one or more patents pending filed by ExactPoints, with the United State Patent Trademark Office. You are not permitted to use, copy, reproduce, distribute, display, publish reverse engineer, or transmit any intellectual property as described above without the express, prior, written consent of ExactPoints. You are granted no rights to the Intellectual Property.
JURISDICTION AND RESTRICTIONS
The Products, website, and services described herein are directed towards individuals located in the United States. It is not directed towards, nor intended to be used by any person or entity in any jurisdiction, country, or area, where the Products, websites, and services are unavailable or illegal. ExactPoints make no representations or warranties regarding any the Products, websites, and/or services outside of the United States. Usage of the Products, websites and services outside of the United States is done at the risk of such users. ExactPoints may limit access to the Products, websites and services at their own discretion.
WARRANTIES AND DISCLAIMERS
THIS WEBSITE, ANY AND ALL RELATED WEBSITES, ANY CONTENT, THE PRODUCTS AND SERVICES, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," BASIS, AT YOUR OWN RISK. NIETHER EXACTPOINTS, OR ITS AGENTS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR OTHER RELATED PARTIES PROVIDE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED. EXACTPOINTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BE NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION TO THE DISCLAIMERS LISTED ABOVE, EXACTPOINTS, ITS AGENTS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND OTHER RELATED PARTIES ALSO STATE THAT THEY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS, THAT:
THE CONTENT PROVIDED IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE;
THE PRODUCTS, WEBSITES, AND SERVICES WILL MEET YOUR REQUIREMENTS;
USAGE OF THE PRODUCTS, WEBSITES, OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE;
THE QUALITY OF ANY CONTENT, PRODUCTS, WEBSITES OR SERVICES;
THAT ANY UPDATES TO THE WEBSITE, PRODUCTS, OR SERVICES WILL BE MADE, OR ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED.
YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR ANY CONSEQUENCES INCURRED BY ACCESSING THE WEBSITE, USING THE PRODUCTS OR SERVICES, OR IN ANY OTHER WAY INTERACTING WITH EXACTPOINTS, INCLUDING BUT NOT LIMITING TO ASSUMING ALL RISK AND ALL LIABILITY, AND TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT EXACTPOINT IS AN INTERMEDIARY BETWEEN YOU AND THE DATA PROVIDER AND YOU AND ANY END USER, AND THAT ANY INFORMATION CONTAINED IN THE PRODUCTS, WEBSITES OR SERVICES HAS BEEN PROVIDED TO EXACTPOINT BY THE DATA PROVIDER, YOU, AND THE THIRD PARTY END USERS. ACCORDINGLY, EXACTPOINT EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS IN CONTENT OR INFORMATION, AND THE RESULTS OF OF ANY ERRORS IN CONTENT OR INFORMATION PROVIDED TO EXACTPOINT, INCLUDING, BUT NOT LIMITED TO, THE INACCURACY OR INCOMPLETENESS OF ANY CREDIT REPORTS, CREDIT SCORES, QUOTES, OFFERS AND ANY OTHER TERMS PROVIDED, THE AVAILABILITY OR LEGALITY OF ANY OFFERS MADE FROM ANY THIRD PARTIES, OR ANY OTHER TECHNICAL INACCURACIES OR TYPING ERRORS.
YOU FURTHER AGREE THAT NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES OR ANY KIND HAVE BEEN MADE TO YOU OUTSIDE OF THESE TERMS AND CONDITIONS, THE ADDITIONAL TERMS, OR PRIVACY POLICIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM EXACTPOINT, AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, CONTRACTORS, OR OTHER RELATED PARTIES CREATE ANY WARRANTIES OR GUARANTIES BETWEEN YOU AND EXACTPOINT. NOTHING CONTAINED IN THIS SECTION AFFECTS WARRANTIES WHICH ARE NOT DISCLAIMABLE IN YOUR JURISDICTION.
UNDER NO CIRCUMSTANCES WILL EXACTPOINT, ITS EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER RELATED PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY CLAIM, OR ANY OTHER CLAIM AVAILABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES AVAILABLE, RELATED TO OR ARISING IN ANY OUT WHATSOEVER OUT OF ACCESS TO, USAGE OF, OR RELIANCE ON ANY PRODUCTS, WEBSITES OR SERVICES PROVIDED BY EXACTPOINT, EVEN IF EXACTPOINT HAS BEEN ADVISED REGARDING THE POSSIBILITY OF SAID DAMAGES. YOUR USE OF THE PRODUCTS, WEBSITES AND SERVICES ARE AT YOUR OWN RISK. THE POTENTIAL CLAIMS AND MATTERS DISCLAIMED BY EXACTPOINT INCLUDE BUT ARE NOT LIMITED TO:
YOUR INABILITY TO USE OR ACCESS THE PRODUCTS, WEBSITES AND SERVICES, OR THE SERVICES OF ANY RELATED THIRD PARTIES;
ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES, INCLUDING BUT NOT LIMITED TO TECHNOLOGY ERRORS CAUSED BY THE PRODUCTS, WEBSITES AND SERVICES, AND TECHNOLOGY ERRORS AS A RESULT OF RELATED AND UNRELATED THIRD PARTIES, ANY DELAYS IN TRANSMISSION, ANY COMPUTER VIRUS OR OTHER SYSTEM FAILURE;
ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES CAUSED OR CONTRIBUTED TO AS A RESULT OF ANY MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, FILES, THE PRODUCTS, WEBSITES, OR SERVICES WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TECHNOLOGY FAILURE, THEFT, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PRODUCTS, WEBSITES AND SERVICES
ANY COST ASSOCIATED WITH SUBSTITUTE GOODS OR SERVICES AS A RESULT OF ANY OF THE ABOVE DESCRIBED FAILURES;
ANY COMMUNICATIONS, TRANSMISSIONS, DATA, INFORMATION, OR MESSSAGES PURCHASED OR OBTAINED THROUGH THE PRODUCTS, WEBSITES AND SERVICES;
ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS, ALTERATION, OF, OR USE OF ANY RECORDS, PROGRAMS, FILES, OR OTHER INFORMATION OF YOUR DATA OR INFORMATION;
COMMUNICATIONS, STATEMENTS, BEHAVIOR, OR CONDUCT OF ANYONE USING THE PRODUCTS, WEBSITES OR SERVICES;
ANY ISSUES OR CLAIMS ARISING OUT OF ANY THIRD PARTY PRODUCTS, WEBSITES OR SERVICES, WHETHER OR NOT THEY ARE RELATED TO EXACTPOINT;
ANY ISSUES OR CLAIMS ARISING OUT OF OR RELATED TO IN ANY WAY THE PRODUCTS, SERVICES, OR WEBSITES.
YOU AGREE THAT YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PRODUCTS, WEBSITES AND/OR SERVICES IS TO STOP USING THE PRODUCTS, WEBSITES AND SERVICES. IF YOU HAVE CREATED AN ACCOUNT, YOUR SOLE REMEDY IS TO CANCEL AND/OR TERMINATE THAT ACCOUNT.
YOU AGREE THAT IN NO EVENT WILL EXACTPOINT'S TOTAL LIABILITY EXCEED $10,000 FOR ANY LOSSES, CLAIMS, OR CAUSES OF ACTION OF ANY KIND.
YOU AGREE TO WAIVE ANY AND ALL UNKNOWN CLAIMS, AND YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS, CLAIMS, OR CAUSES OF ACTION REGARDING CLAIMS THAT ARE UNKNOWN, UNSUSPECTED, OR NOT IN EXISTENCE AT THIS TIME, AND IN ACCORDANCE WITH SUCH WAIVER, YOU WAIVE THE REMEDIES WHICH MAY BE AVAILABLE TO YOU UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR," AND ANY CORRESPONDING AND/OR SIMILAR RIGHTS PROVIDED IN OTHER JURISDICTIONS.
IF ANY PARTICULAR LIMITATION OF LIABILITY LISTED ABOVE IS NOT PERMITTED IN YOUR JURISDICTION, THESE DISCLAIMERS MAY NOT APPLY TO YOU. FURTHER, IF ANY OF THE ABOVE DISCLAIMERS IS FOUND TO NOT BE VALID IN ANY JURISDICTION, THE VALIDITY OF THE OTHER DISCLAIMERS IS NOT AFFECTED. IF ANY OF THE ABOVE DISCLAIMERS ARE FOUND TO BE INVALID, EXACTPOINT'S TOTAL LIABILITY WILL NOT EXCEED THAT ALLOWABLE BY APPLICABLE LAW.
GOVERNING LAWS AND DISPUTE RESOLUTION
Either party may commence mediation by providing the other party with written notice, setting forth the subject of the dispute, claim or controversy and the relief requested, either prior to the outset of any litigation, or within 30 days after service of any lawsuit or claim by any court or administrative agency. Costs are to be bared by the party initiating the mediation.
The parties further agree that any mediation constitutes a settlement negotiation, and any and all discussions had there, any evidence produced, and any statements made are confidential and inadmissible in any other proceeding, save for the terms and conditions of any settlement agreement entered into by all parties, and only then for the purposes of enforcement of any settlement agreement.
Invocation of this mediation provision, and successful initiation of the mediation will act as a stay on all court proceedings until the mediation is reported as concluded.
You agree to defend, indemnify and hold ExactPoint harmless, including its owners, officers, directors, employees, agents, licensors, contractors, subsidiaries, parent companies, and all other related parties, from any and all claims, actions, suits, liabilities, and settlements, including reasonable attorney fees and accounting fees, resulting from for your violation of these Terms and Conditions, or any additional terms. To the extent yourself and ExactPoint are co-litigants in any action, you will not settle any such claim without the express written consent of ExactPoint as is applicable. ExactPoint reserve the sole and exclusive right to control the defense of any matter related to this indemnification provision.
SEVERABILITY AND VOIDABLE PROVISIONS
To the extent any of the above terms are currently or later found to be unenforceable for any reason, those terms are fully severable from these Terms and Conditions, and any and all other terms will remain unaffected. You agree that to the extent any of the above terms are at the time any dispute arises considered unconscionable, or deceptive, said terms are considered void ab initio only as relating to the specific entities and dispute involved.
ENTIRE AGREEMENT AND MISCELLANEOUS
If you believe that your intellectual property rights have been violated, please notify us using the contact information provided below.
If you have any questions regarding the terms or practices of ExactPoint, please contact us by e-mail at email@example.com or by regular mail at ExactPoint®, 50 E Business Way Suite #170 Cincinnati, OH 45241 – Attention Legal