PERSONIFY, the PERSONIFY logo, PERSONIFY and other marks displayed on our Site are the proprietary service marks or trademarks of Personify or third parties. Personify’s marks may not be used in connection with any product or service that is not Personify’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Personify. All other trademarks and service marks not owned by Personify that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Personify. You may not use, copy, modify or display Personify’s Marks or any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.
All content contained on this Site, including, but not limited to, works of authorship, articles, blogs, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, are the property of Personify or its licensors and are protected by United States and international copyright and other intellectual property laws.
The Site may include information regarding Personify and its services, and/or other materials proprietary to Personify, including without limitation, information, articles and blogs as well as links to third party websites. You may download, view, copy and print such information and materials and any other aspect of this Site (i) solely for your personal, non-commercial purposes; and (ii) provided that neither the information or materials, nor any proprietary notices or disclaimers therein are modified, obscured or altered; and (iii) it is properly attributed to us.
You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.
You agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, or copy the Site without our express permission. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of Personify.
You acknowledge you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method”) you may be granted as a user of the Site, whether or not such use is authorized by you. You agree not to access or attempt to access the Site without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate web page or web tools. Further, you may not, and will not be able to, access the Personify Borrower Portal via this Site from an IP address that is located outside of the United States.
Consent to Electronic Communications
As part of your relationship with us, we want to ensure you have the information you need to effectively manage your accounts. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. However, with your prior consent, we may instead provide this information to you electronically, in which case the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). By using this Site, you consent to conduct transactions with us electronically, use electronic signatures and Communications, and receive electronic mail (email) and electronic communication with respect to any and all transactions and Communications regarding your account, instead of receiving them in paper or by regular mail. We may communicate with you, electronically, by email, social media, or by posting notices on this Site. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may also use electronic signatures and obtain them from you as part of our transactions with you. You agree that we may send email to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate.
Obtaining Paper Copies
In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available. If we provide Electronic Records to you, and you want a paper copy, you may contact us at PO Box 208417 Dallas, TX 75320-8417, or by sending us an e-mail to firstname.lastname@example.org to request a paper version.
You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may affect the product or services we are able to provide to you. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. To withdraw consent, please contact us by writing to us at PO Box 208417 Dallas, TX 75320-8417, or sending us an e-mail to email@example.com.
Updating Contact Information
You agree to provide us with your current e-mail address and personal contact information. If your e- mail or other contact information changes, you must send us a notice of the new address and any new phone number by writing to us at PO Box 208417 Dallas, TX 75320-8417, or sending us an e-mail to firstname.lastname@example.org, using secure messaging, at least five (5) days before the change.
Hardware and Software requirements
To receive electronic communications, you will need a working connection to the Internet and a working email address. Your browser must support the Transport Layer Security ("TLS") protocol, version 1.1 or higher. TLS provides a secure channel to send and receive data over the Internet. The current versions of Internet Explorer, Firefox, Chrome, Safari, Opera and Android browsers support this feature. You will need software that allows you to view, save or print PDF files, such as Adobe Reader 6.0 or higher. You will also need either a printer connected to your computer to print disclosures/notices or sufficient hard drive space available to save the information (e.g., 1 megabyte or more). You must have your own Internet service provider. If we ever change the hardware and software requirements in a way that creates a material risk that you will not be able to access or retain a Communication that we previously sent you, we will send you a notice of the revised requirements. Please save and print a copy of this "Electronic Communications" section to confirm that you have the required hardware and software to conduct electronic transactions with us.
Except to the extent otherwise expressly provided by Personify, any and all comments, posts, messages, reviews, feedback, information or other materials submitted to Personify through or in association with the Site, or any services provided via the Site (collectively, “Submitted Materials”) shall be considered non-confidential and Personify’s property. By submitting such Submitted Materials to Personify, you agree that you assign to Personify, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Submitted Materials, and that Personify shall be free to use such Submitted Materials in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.
You acknowledge that, at any time, Personify may provide links to the websites of third parties via the Site. Personify is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by Personify of the linked site or any content therein. IN NO EVENT WILL PERSONIFY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
You should not consider any content on the Site to be professional investment, tax, trading or other financial advice. Nothing on the Site should be construed as a recommendation of any security, futures contract, commodity, transaction or investment strategy by Personify, its affiliates or any third party. All content on this Site is impersonal and not tailored to the investment needs of any specific person.
The Site may contain subjective determinations or opinions by Personify and/or third parties. You acknowledge that any Site content containing any forward-looking statements is based upon expectations or beliefs, should not be relied upon, is subject to change, and involves inherent risks and uncertainties (both general and specific), many of which cannot be predicted or quantified and are beyond Personify’s control. In light of these risks and uncertainties, there can be no guarantee that any such content is now or will prove to be accurate or reliable. You acknowledge that you are capable of independently analyzing such content using your own expertise, due diligence and decision making and that you are not relying on the Site or Personify as a basis for any decisions you may make. Because market conditions constantly change, all content of the Site is presented only as of the date published or indicated. You are responsible for setting your browser to ensure you are receiving the most recent data.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PERSONIFY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PERSONIFY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND PERSONIFY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE. FURTHER, PERSONIFY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL PERSONIFY, ANY OF PERSONIFY’S AFFILIATES OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF PERSONIFY (COLLECTIVELY, THE “PERSONIFY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON, INCLUDING ANY DAMAGES ARISING OUT OF ANY DENIAL BY PERSONIFY OF ANY LOAN APPLICATION SUBMITTED BY YOU OR ANY REFUSAL BY PERSONIFY TO FUND YOUR ACCOUNT (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
At any time, without notice to you, and for any or no reason, Personify may modify or discontinue the Site or any content thereof. Personify shall in no way be held liable for any consequence which results from Personify’s decision to modify or discontinue providing the Site or any content thereof.
Personify may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.
Technical and Other Information : While you are browsing the Site, we automatically log your IP address (a number assigned to your computer when you use the Internet) and your activity while using the Site. Additionally, in order to personalize and enhance your experience on the Site, we may also collect information through “cookies,” “tracking pixels,” “applets,” and similar technologies (“Trackers”). Trackers are sent by the Site to your browser and then may be stored by your browser on your device, and by using the Site, you are giving us permission to do so. We may use Trackers: (1) To help diagnose problems with our servers, improve user experience and to administer the Site. (2) To better understand the effectiveness of our marketing efforts, and in some cases to follow up with you later on business related to use of the site. (3) To protect the site our company, and users from malicious activities including hacking and fraud. (4) To correctly share revenue with partners, or allow vendors or other third parties to correctly bill Personify for services. (5) to allow certain aspects of the site function correctly, or function in a manner designed to suit your specific needs. Personify’s trackers do not contain any personally identifiable information about you; however, Personify may be able to identify you individually by combining information in the trackers with our internal records. Most web browsers automatically accept cookies and other types of trackers, but it is possible to change your browser setup so that it does not accept Trackers. However, rejecting cookies and/or other Trackers may prevent you from taking advantage of certain portions of the Site.
Tracking : We have not authorized third parties to use our Site to collect personally identifiable information from us about your online activities over time and across different websites when you use the Site. Nonetheless, such third-party companies (e.g., advertisers, companies providing features or functionality on the Site, etc.) may collect and use non- personal information during your visits to the Site and other websites in order to provide advertisements on other sites; and, it may be possible for them to track personally identifiable information about your online activities by combining the information we provide with personally identifiable obtained elsewhere. For example, Facebook may be able to combine information from a Facebook “like” widget on our site with information Facebook has about you to track personally identifiable information about your online activities over time and across different websites, including our website. We do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third party websites about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third-party web beacon to collect such information.
Geolocation : Please note that by accessing the Site, you acknowledge and agree that Personify may be able to determine the physical location of your mobile device or other technology device through the use of global positioning system (GPS) technology.
Modifications : We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may obtain from us, by mail the information in our records. If you wish to make any changes to any personally identifiable information you have provided to us, you may do so at any time by contacting us at PO Box 208417, Dallas, TX 75320-8417.
Children : In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not knowingly collect or solicit personally identifiable information from anyone under 13 years of age. In addition, we do not permit children under 18 years of age to utilize our services or register for an account via the Site. By using the Site, you represent that you are at least 18 years of age. Further, by applying for a loan or registering for an account with Personify via the Site, you represent that you are at least 18 years of age, and have the right to form legally binding contracts and to perform your obligations hereunder.
Security : Because security is important to both Personify and you, we make reasonable efforts to ensure the security of our systems. Please be aware, however, that Internet data transmission is not always secure and we cannot guarantee that information you transmit utilizing the Site is entirely secure.
Third Party Sites and Advertisements: As noted above, the Site may reference or provide links to third party websites, services and/or products, including through third party advertisements. Personify does not control and is not responsible for the third party websites or for the privacy policies or information practices of third parties or their websites (including those of Facebook, Twitter and/or other social networking sites). Accordingly, you should review the privacy policies applicable to such third party websites.
The products and services described on the Site are only offered in jurisdictions where they may be legally offered for sale. In no event shall the information on this Site be deemed an offer to or solicitation of anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
You may not, and will not be able to, access this Site from an IP address that is located outside of the United States. None of the products or underlying information or technology available via the Site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United Stated Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Personify against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
Personify respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Personify the written information specified below. Please note that this procedure is exclusively for notifying Personify that your intellectual property rights have been infringed.
Personify’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows: