Terms Of Use

This website and the services of Applied Data Finance, LLC D/B/A/ Personify Financial, Applied Data Finance of Georgia, LLC D/B/A Personify and Applied Data Finance of Missouri, LLC D/B/A Personify (“PERSONIFY”) available via this website (the “Site”) are provided subject to the terms described herein, together with those terms set forth in any Personify loan application you may complete and submit and any loan agreement that may be entered into between you and Personify, as applicable. If you visit the Site, you agree to be bound by these Terms of Use.

Personify reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

Trademarks & Copyrights

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 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.

Nothing in these Terms of Use shall be deemed to grant to you or any other user of the Site any license or right in or to any copyright, trademark, trade secret or other proprietary right of Personify or any other person.

Use of the Site

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.

Unauthorized Use of the Site

Personify reserves the right to investigate and take legal action against any perceived illegal and/or unauthorized use of the Site or any services provided via the Site or any services provided via the Site. Personify’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of Personify.

Access Method

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.

Electronic Communications & Notice

When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate electronically by email, social media, or by posting notices on this Site. You 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. 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.

Submitted Materials

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.

Links to Third Party Sites

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.

No Financial Advice Provided

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 GoldAlert, its affiliates or any third party. All content on this Site is impersonal and not tailored to the investment needs of any specific person.

Forward-Looking Statements

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.

Disclaimer of Warranties & Limitation of Liability

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, PERSONIFYMAKES 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.

Indemnification

You agree to indemnify and hold the Personify Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of any nature whatsoever (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) your use of the Site, or any content, information, materials or services contained, displayed or available therein; (iii) your inability to access or use the Site (iii) any denial by Personify to approve any loan application submitted by you and/or refusal to fund your account; (iv) your violation of these Terms of Use; (v) any Submitted Materials provided by you to Personify; or (vi) your violation of any rights of any third party.

Modification or Discontinuance of the Site by ADF

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.

Denial of Access

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.

Privacy

The terms of the Personify Privacy Policy are hereby incorporated as part of these Terms of Use. PERSONIFY Privacy Policy. In addition, the following terms further describe our privacy practices:

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.

Sharing Information : We share your information in accordance with the terms of our Privacy Policy and may share such information with service providers, agents, affiliates, and other people (including but not limited to other providers of consumer financial products or services) with whom we enter into an agreement to provide such information. In addition, we will disclose information we maintain, including personally identifiable information: (i) when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority or any regulatory authority; (ii) to protect the integrity or security of the Site or the interests, rights, or property of Personify; or (iii) to enforce the Site’s Terms of Use.

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 11956 Bernardo Plaza Drive #144, San Diego, CA 92128.

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.

Updates : We reserve the right, at any time, to modify, alter, or update the Personify Privacy Policy, and any such modifications, alterations, or updates will be effective upon posting. In the event we modify the Personify Privacy Policy, your continued use of the Site will signify your acceptance of the modified Privacy Policy.

Governing Law

The laws of the State of Delaware will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site shall be brought in state or federal court in Delaware, and you consent to the jurisdiction of such courts.

Availability Only Where Permitted By Law

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.

International Use

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.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Personify’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Personify agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Personify with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Personify with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Site or Personify, please email us at: contact@personifyfinancial.com

Notice & Procedure for Making Claims of Intellectual Property Infringement

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.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Personify’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows: