Policies and Agreements
● Acceptable Use
Policy
● Online Privacy
Policy
● Your Online
Privacy Rights as a HAC
Customer
● Internet
Services Agreement and Terms of Use
Acceptable Use Policy
Updated 01/15/2019
Introduction
Home Acceptance Corporation (hereinafter "HAC") is pleased that you have
chosen to use HAC’s online service
(the "Service"). Please note that HAC
is a Licensed California Finance Lender (California Finance Lenders License No. 6030746)
and all direct commercial & consumer loans made or arranged pursuant to a California Finance Lenders Law license.
Our goal is to provide you with an enriched,
high-quality Internet experience. This Acceptable Use Policy (the
"AUP") has been designed to protect our Service, our customers, our
Dealers and the Internet community, from inappropriate, illegal or otherwise
objectionable activities. Please read this policy prior to accessing the
Service. All users of the Service must abide by this AUP. Your violation of
this AUP may result in the immediate suspension or termination of your access
to your HAC account online via the
Service. This AUP should be read in conjunction with our Internet Service
Agreement, Privacy Policy, and other applicable policies.
By using the Service, you agree to abide by, and require
others using the Service via your account to abide by the terms of this AUP,
our Online
Privacy Policy
and our Internet
Service Agreement and Terms of Use. You should consult this document regularly to ensure that
your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE
BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND
NOTIFY THE HAC CUSTOMER SERVICE
DEPARTMENT SO THAT YOUR ACCESS TO YOUR ACCOUNT ONLINE MAY BE CLOSED.
Topical Index
1. Prohibited Activities
2. Intellectual Property Infringement
3. Commercial Use
4. Misuse of Service
5. Hacking/Attempted Unauthorized Access
6. Security
7. Disruption of Service
8. Viruses, Trojan Horses, Worms and Denial of Service Attacks
9. Conflict
10. How to Contact Us
1. Prohibited
Activities. You
may not use the Service in a manner that violates any applicable local, state,
federal or international law, order or regulation. Additionally, You may not
use the Service to:
● Take part in any fraudulent activities,
including impersonating any person or entity or forging anyone else's digital
or manual signature.
● Invade
another person's privacy, stalk, harass, or otherwise violate the rights of
others.
● Post, transmit, or disseminate content
that is threatening, abusive, libelous, slanderous, defamatory, incites hatred,
or is otherwise offensive or objectionable.
● Collect
or store personal data about other users.
● Violate
any other HAC policy or guideline.
● Resell
or redistribute the Service to any third party via any means including but not
limited to wireless technology.
2. Intellectual
Property Infringement. You may not use the Service to post, copy, transmit, or
disseminate any content that infringes the patents, copyrights, trade secrets,
trademark, or propriety rights of any party. HAC assumes no responsibility, and you assume all risks regarding
the determination of whether material is in the public domain, or may otherwise
be used by you for such purposes.
3. Commercial
Use. The Service
is designed for personal use and may not be used for commercial purposes. You
may not resell or otherwise charge others to use the Service. You agree not to
use the Service for any other business enterprise.
4. Misuse of
Service. You are
responsible for any misuse of the Service that occurs through your account. You
must therefore take steps to ensure that others do not gain unauthorized access
or misuse the Service.
5. Hacking/Attempted
Unauthorized Access. You may not use the Service to breach or attempt to breach the
security of another user or attempt to gain access to any other person's
computer, software, or data without the knowledge and consent of such person.
The Service may not be used in any attempt to circumvent the user
authentication or security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you, logging into or making
use of an account you are not expressly authorized to access, or probing the
security of the Service for any reason.
6. Security. You are solely responsible for
the security of any device connected to the Service, including any data stored
on that device. HAC recommends that
you take appropriate security precautions for any systems connected to the
Service. You are responsible for securing any wireless (WiFi) networks
connected to the Service.
7. Disruption of
Service. You may
not disrupt the Service in any manner.
8. Viruses, Trojan
Horses and Worms.
Content downloaded from the Service may contain viruses and it is your sole
responsibility to take appropriate precautions to protect your computer from
damage to its software, files and data.
9. Conflict. In the event of a conflict
between the Internet Service Agreement and this Policy, the terms of the
Internet Service Agreement will prevail.
10. How to Contact HAC. For any questions regarding this
AUP, complaints of violations, or cancellation notices, please contact HAC at one of the following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
Online Privacy Policy
Updated 01/15/2019
Welcome to our
Website Visitors
— We want you to know how we treat personal information HAC may obtain from you as a website visitor as a part of your
visit. You should also see our Acceptable Use Policy and Internet Service
Agreement and Terms of Use for other information concerning use of our website.
By using our website, you accept this Online Privacy Policy and our Internet Service Agreement and Terms of Use and Acceptable Use Policy.
Please note that HAC is a Licensed
California Finance Lender (California Finance Lenders License No. 6030746)
and all direct commercial & consumer loans made or arranged pursuant to a California Finance Lenders Law license.
To HAC Customers – This Online Privacy Policy
applies only to use of our website. You can also find our Internet Service Agreement and Terms of Use and Acceptable Use Policy here online. In either case, we
welcome you to our website. Please take a moment to read about our online
privacy policy in its use.
California
Residents: Your
California Privacy Rights. California law permits residents who have provided
personal information to us to request information about disclosure of personal
information to third parties for their marketing purposes. As detailed below,
our policy is not to disclose personal information collected online for any
third party’s direct marketing purposes without first obtaining the customer’s
consent. As an additional measure, customers may contact a HAC Customer Service Representative at one of the following to
request that their account records be noted that they have specifically
opted-out of disclosures to any third parties for direct marketing purposes:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
Introduction. Home Acceptance Corporation
(“us,” “we,” or “HAC”) is committed
to respecting the privacy rights of its customers, visitors, and other users of
the HAC Website (“the Site”). We
created this Online Privacy Policy to give you confidence as you visit and use
the Site, and to demonstrate our commitment to fair information practices and
the protection of privacy. This Privacy Policy is only applicable to the Site,
and not to any other websites that you may be able to access from the Site,
each of which may have data collection, storage, and use practices and policies
that differ materially from this Online Privacy Policy.
Topical
Index
1. Information We Collect
2.
Use and Sharing
3.
Law Enforcement
4.
Internet Security
5.
Spam
6.
Customer Access to Information
7.
Your Enforcement Rights
8.
Updates and Changes to the Online Privacy Policy
9.
How to Contact Us
10.
Children’s Privacy
11.
California Online Privacy Protection Notice
1. Information We Collect.
● Policy – It is our policy to collect
only the personally identifiable information (information that identifies you
individually) that we need to provide the services we offer with the quality
you desire and deserve.
● HAC
Customers – If
you are a customer of HAC, this
personally identifiable information may include your name, home address,
mailing address, zip code, age, telephone numbers, HAC account number, social security number, credit card number,
bank account number, user IDs, passwords, email addresses, and other
information as provided to us online or as a customer of HAC. We take reasonable steps to protect your account information
from unauthorized access.
● Site
Visitors – When
you access our Site, we may automatically collect access log information about
your visit, including information such as the Internet Protocol (IP) addresses
assigned (numbers assigned to your computer while online), bandwidth used, system
and connection performance, browsers used, dates and times of access, and
Internet resource requests, including requests to access web pages. We may
store emails sent and received.
● Online
Registrants – In
visiting our Site, if you register with us or participate in an online
transaction, we may ask for certain personally identifiable information, this
personally identifiable information may include your name, home address,
mailing address, zip code, age, telephone numbers, HAC account number, social security number, credit card number,
bank account number, user IDs, passwords, email addresses, and other
information as provided to us online or as a customer of HAC.
● Cookies – We, or a vendor that places
advertising on our Site, may use "cookies" to collect information
about your visit to our Site and to manage information concerning your
preferences. A "cookie" is a small computer code added to a file on
your computer as a record of its visit. It does not collect or provide your
name or any other personal information about you. It can, however, be used by
the website that placed it to note information about your visit, such as your
type of web browser, operating system and Internet Protocol ("IP")
address, to better tailor the Site for you. It can also be used to recognize
you when you log in as a registered user or as a repeat visitor returning to
our Site. This allows us to tailor our Site by remembering you and any options
you select. We may share non-personal information obtained from the varying
kinds of cookies and web beacons (see below) with vendors, advertisers and
others. You can control what cookies are accepted by your computer through the
settings on your web browser or by deleting them from your files. Doing so,
however, may limit the personalization available to you.
● Third-Party
Cookies and Web Beacons – These forms of computer code are sometimes placed by
advertisers or others with connection to a webpage and may be read by the
advertisement’s provider. They may use a form of code called a "web
beacon" or "clear GIF." These are usually contained in a
transparent image on a page or in an image on an email message and serve as a
way to gather information about your visit, such as your Internet Protocol
Address and information or statistics about your visit. As with cookies, you
can use your browser settings to control web beacons.
● Advertisers
and Other Websites
– We do not control the privacy policies of advertisers or of websites you may
link to from our Site or by using our services. You should review their
websites for questions about their Internet security and privacy.
2. Use and Sharing.
● Use Policy – We consider any personally
identifiable information we receive about you to be confidential, and it is our
policy to use it only in providing our Site and account services - from sales,
to operations, administration, advertising, marketing, support, maintenance,
communications with you, billing, collection and in other ways related to our
services. We may also use such information in dealing with fraud and
unauthorized use of our services. HAC
may associate personal account information with data from third parties about
you or similar persons to better predict your service preferences for use in
programming, advertising transactions and to market our services to you.
● Aggregate
Information – We
may use aggregate information about our customers and Site visitors for a
variety of purposes. Such aggregate information does not identify individual
customers. We may share such aggregate and related demographic information with
third parties.
● Retention
Policy – HAC may retain personal customer
information in its regular business records. Our security measures for this
information are discussed below.
● Sharing
Policy – It is
our overall policy not to disclose to others outside of HAC and our affiliates, vendors, business partners and the Merchant
with whom you opened your HAC
account any personally identifiable information about our customers without
their prior written or electronic consent. We do not sell or provide your personal
information to parties unconnected with the services we provide without your
permission. We also share your personally identifiable information with our
business partners who assist us by performing core services (such as hosting,
billing, fulfillment, or data storage and security) related to our operation of
the Site. Those business partners have all agreed to uphold the same standards
of security and confidentiality that we have promised to you in this Online
Privacy Policy, and they will only use your personally identifiable information
to carry out their specific business obligations to HAC.
● Special
Exceptions – We
reserve the right to disclose personally identifiable information in our
possession if we have a good faith belief that it is necessary to: (1) comply
with the law or legal process served on us; (2) protect and defend our rights or
property or those of others; (3) respond to fraud, abuse or unauthorized
reception; (4) enforce our Internet Service Agreement and Terms of Use, our Acceptable Use Policy or related standards; or (5) act
in an emergency to protect your safety or that of another. We may also share
information if we sell or transfer all or a portion of our business operations,
merge or combine with another organization.
● Third
Parties – We
sometimes use affiliates, vendors or third party partners in association with
this Site and may provide personally identifiable information about users for
such purposes. In providing such information, we require that the third party
partners agree to uphold the same standards of security and confidentiality
that we have promised to you in this Online Privacy Policy, and they will only
use your personally identifiable information to carry out their specific
business obligations and services to HAC.
If you do not want us to share your personally identifiable information with
any third parties, please contact us at one of the following:
Email: Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
Please understand that such a
request will severely limit your ability to take advantage of all of the
features and services we offer on the Site.
● Internet
Communications – We may, retain and provide emails sent to us to
appropriate authorities if we are legally required to do so.
3. Law Enforcement.
● Legal
Requirements –
Our policy is to cooperate as required by law, but to provide only such information
as the law requires. We do not assume any duty to notify you of receipt of any
legal requests.
● Internet
Information –
The law does permit us to disclose to law enforcement, voluntarily and without
prior notice, customer information, including the contents of communications,
if we reasonably believe that an emergency involving immediate danger of death
or serious physical injury requires such disclosure without delay.
4. Internet
Security.
● Taking
Proper Precautions
– Maintaining the security of your own personal computer is an important part
of protecting your own privacy and of helping us protect our network and our
customers’ service. You should use and update regularly your antivirus
software, firewall and your operating system to prevent unauthorized access by
others and harm from various forms of viruses. Persons with questionable intent
may use the Internet or email to pose as someone you trust or do business with.
You should always be sure who you are dealing with before responding with
personal information. To avoid all these and other forms of attacks, we
encourage you to visit the Federal
Trade Commission
("FTC") for updates and tips on protecting yourself.
● Personal
Information – We
use "Secure Socket Layer" encryption technology when collecting certain
personal information through our Site. You can identify the use of such
protection by looking for "https" in the Internet url or
page address or a closed lock symbol if you are using Internet Explorer. We
protect personally identifiable information found in our most sensitive
databases in encrypted formats within controlled and secure environments with
restricted access. While we attempt to ensure the integrity and security of our
network and computer systems, we cannot guarantee that our security measures
will prevent unauthorized access.
● Access by
Others – It is
possible for use of the Internet to be accessed or intercepted by third
parties. Moreover, since we cannot control websites or Internet services
operated by third parties, we recommend that you review the terms of service
and privacy policies of those websites and services.
● Lost or
Stolen Information
- You must promptly notify us if your credit card, user name, or password is
lost, stolen, or used without permission. In such an event, we will remove that
credit card number, user name, or password from your account and update our
records accordingly.
● Public
Information -
The Site contains links to other websites. We are not responsible for the
privacy practices or the content of such websites.
5. Spam. HAC works hard to prevent and to block spam and we encourage your
help by preventing unauthorized access to your computer. The law permits
companies like HAC to use email to
send transactional or relationship messages, such as in confirming that a
service has been established or providing information regarding changes in service.
If you prefer, you may opt-out of marketing messages we may send by notifying
us in response to any you may receive.
6. Customer Access
to Information.
For registered Site users, we maintain a procedure to help the registered user
confirm that their personally identifiable information remains correct and
up-to-date. At any time, you may visit your registered personal profile at
https://www.homeacceptance.net/. Through your registered personal profile you
may review and update you personally identifiable information that we have
already collected. If you are a customer of HAC, you can also check the accuracy of some of your account
information by contacting a Customer Service representative at one of the
following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
For more information, see Your Online Privacy Rights as a HAC Customer.
7. Your Enforcement
Rights. You have
the right to enforce your legal privacy rights concerning our collection, use
and sharing of your personally identifiable information.
8. Updates and
Changes to the Online Privacy Policy. Developments in the Internet, the law, our offerings and
our Site may cause us to change this Online Privacy Policy from time to time.
Any such changes will be prospective and will not affect information collected
prior to the change in policy. We reserve the right, at any time and without
notice, to add to, change, update, or modify this Online Privacy Policy, simply
by posting such change, update, or modification on the Site and without any
other notice to you. Any such change, update, or modification will be effective
immediately upon posting on the Site. It is your responsibility to review this
Online Privacy Policy from time to time to ensure that you continue to agree
with all of its terms.
9. How to Contact
Us. For any
questions regarding this Online Privacy Policy, please contact us at one of the
following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
10. Children's Privacy. We do not knowingly allow anyone
under the age of 18 to register to use our service. Children should always get
permission from a parent or guardian before sending personal information over
the Internet. If you believe your child may have provided us with personal
information, you can contact us at the one of the following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
11. California Online Privacy Protection Act Notice.
(1)
Home Acceptance Corporation does not track online users, and therefore does not
use "do not track" signals.
(2)
Home Acceptance Corporation does not authorize the collection of online users’
information for third party use through advertising technologies without
separate online user’s consent.
To learn more about DNT and Home Acceptance
Corporation’s DNT practices, please read on:
On September 27, 2013, California Governor
Jerry Brown signed into law A.B. 370, amending the California Online Privacy
Protection Act (CalOPPA) to require website operators like Home Acceptance
Corporation to disclose: (1)how Home Acceptance Corporation responds to
"Do Not Track Signals"(DNT); and (2)whether third parties collect
personally identifiable information (PII) about users when they visit the Home
Acceptance Corporation website.
Do
Not Track:
What
is DNT? DNT is the concept that has been promoted by regulatory authorities, in
particular the U.S. Federal Trade Commission (FTC), for the
Internet industry to develop and implement a mechanism for allowing Internet
users to control the tracking of their online activities across websites.
What
is a DNT signal? Currently, various browsers - including Internet Explorer, Firefox, and
Safari - offer a DNT option that relies on a technology known as a DNT header
that sends a signal to websites' visited by the browser user about the user's
DNT preference. You can usually access your browser's DNT option in your
browser's preferences.
Is
there a DNT technology standard? The World Wide Web Consortium (W3C) has
been working with industry groups, Internet browsers, technology companies, and
regulators to develop a DNT technology standard. While some progress has been
made on this issue, progress has been slow, and to date no standard has been
adopted. Without an industry standard for DNT, users cannot know how any given
company abides by a DNT signal they receive from browser headers. LinkedIn is
committed to remaining apprised of the W3C efforts to develop a DNT standard.
How
does Home Acceptance Corporation respond to the signal? Home Acceptance
Corporation takes privacy and security very seriously, and strives to put our
customers first in all aspects of our business. With regard to DNT, Home
Acceptance Corporation currently does not respond to DNT signals in browsers
because it doesn't track individual online users across the web.
Does
Home Acceptance Corporation permit third parties to collect personally
identifiable information about an individual consumer's online activities over
time and across different Web sites when a consumer uses the Home Acceptance
Corporation's site? Home
Acceptance Corporation does not authorize the collection of PII from its online
users through advertising technologies deployed in ads that may appear on Home
Acceptance Corporation’s site without separate consent.
For any questions regarding this Online Privacy Policy,
please contact us at one of the following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
For more information, see Your Online Privacy Rights as a HAC Customer.
[Back
to Top]
Your Online Privacy Rights as a HAC
Customer
Updated 01/15/2019
Topical Index
●
Information We Collect
●
Use and Sharing
●
Internet Security
●
Law Enforcement and Legal Requests
●
Security of Information
●
Children’s Privacy
●
Customer Access to Information
●
Your Enforcement Rights
●
Other Terms and Changes in Policy
●
Customer Service Notices
●
California Online Privacy Protection Notice
As a customer of a Home Acceptance Corporation (“HAC”), you are entitled to know what we
do with personal information about you that we receive. We consider our
treatment of such information to be a part of the trust you place in us by
using our Services. Please note that HAC
is a Licensed California Finance Lender (California Finance Lenders License No. 6030746)
and all direct commercial & consumer loans made or arranged pursuant to a California Finance Lenders Law license.
We have updated this notice to better answer questions you may have, but our basic
privacy policy remains the same:
We gather only the personal information of our customers we
need to provide our services, treat it as private, use it only for the services
we offer you, do not sell it to others, and work to keep it secure. We will
tell you in advance if there are ever any exceptions and give you the right to
say no.
While we cannot cover here every situation where your
personal information may be affected, we have included those we believe you are
most interested in. We have updated our policy to add additional information on
law enforcement requests and to revise our policies concerning password
security. By law, 47 U.S.C. 551, we tell you annually about our privacy policy,
and you can find additional and updated privacy policy information at any time
by visiting our websites at https://www.homeacceptance.net. You can learn more about your
privacy rights by visiting the websites of the Federal Trade Commission, http://www.ftc.gov and the Federal Communications
Commission, http://www.fcc.gov. If you receive your bills electronically, this notice will be
sent to you similarly. If you cannot print an electronic version or would like
to receive a written copy in lieu of an electronic one, please contact us at
one of the following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
● Information
We Collect. Personally Identifiable Information – In providing services to
you, we ask for certain "personally identifiable information"; that
is, information that identifies you individually ("your
information"). Your information may include, without limitation,: name,
home address, billing address, telephone numbers, social security number,
driver's license number, services you have selected, demographic information,
user IDs, passwords, email addresses, correspondence and communications
records. We maintain customer information concerning credit, billing and
payment and services provided and other service-related functions. In providing
our services, we may also collect other information concerning your preferences
to aid in customer support.
It is our policy to collect only the personal information
needed to provide the services we offer with the quality you desire and
deserve. It is also our policy to keep that information secure. We take
reasonable precautions to identify you or your authorized representative when
we receive an inquiry on your account. We also take reasonable steps to protect
your information from unauthorized access. We sometimes collect personal
information for special reasons, such as registering at our Web site. In these
instances, you will be notified before it is collected, told how it will be used
and may elect not to participate.
● Internet
Services. Like
most Internet service providers, we may automatically collect general
information, such as the Internet Protocol (IP) addresses assigned (an
identifier assigned to your computer while online), bandwidth used, system and
connection performance, browsers used, dates and times of access, and Internet
resource requests, including requests to access web pages. Since we cannot
control Web sites or Internet services operated by third parties, we recommend
that you review the terms of service and privacy policies of those Web sites
and services that you use. You can find more detailed information concerning
our Online Privacy Policy at https://www.homeacceptance.net/.
● Use and
Sharing.
Use Policy – We consider your information confidential, and use it only in
providing our services for such things as operations, administration, support,
network management, maintenance, customer care, communications with you,
billing and collection, and for accounting and tax purposes. We may also use
such information in dealing with fraud and unauthorized use of our services. We
use aggregate information about our customers and their usage for a variety of
purposes. Such aggregate information does not identify individual customers. We
may share such aggregate information with third parties, but will not share
your own information without your permission. HAC may associate your information with aggregate information or
with information from others to better offer service preferences to you.
Sharing Policy – It is our policy not to disclose any personally identifiable
information about you to others outside of HAC
and our affiliates, merchant dealers who opened your account, vendors and business
partners without your prior consent. We do not sell or provide your personal
information to parties unrelated to the services we provide without your
permission. As a further measure, you can affirmatively opt out of such sharing
by writing to the return address on your billing statement, or you may contact
us at one of the following, but understand that such a request will limit your
ability to use the features and services we offer on the Site:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
Special Exceptions – We reserve the right to
disclose your information if we have a good faith belief that it is necessary
to: (1) comply with the law or legal process served on us; (2) protect and
defend our rights or property or those of others; (3) respond to fraud, abuse
or unauthorized reception; (4) enforce our Internet Service Agreement and Terms of Use, or Acceptable Use Policy or related standards; or (5) act in an
emergency to protect your safety or that of another. We may also share or
transfer your information along with your account as a part of any sale or
transfer all or a portion of our business operations, merger or combination
with another organization. In such a case, you will be notified of any changes
in policy.
Outside Parties – HAC sometimes uses affiliates, vendors or partners in providing our
services and may provide your information for such purposes. We require that
outside parties maintain at least the same level of confidentiality that we
maintain. In addition, any use by the vendor may not exceed that needed to
provide its service. We do not share your information with other outside third
parties without your consent. If you become a customer of a third party
directly, you should review its privacy policy, as it may differ from ours.
Retention Policy – HAC may retain personal customer information in its regular
business records. Our security measures for this information are discussed
below.
● Internet
Security.
Taking Proper Precautions – Maintaining the security of your personal computer is an
important part of protecting your own privacy and of helping us protect our
network and customers’ service. You must follow our Internet Service Agreement
and Terms of Use and Acceptable Use Policy and use and update regularly your
antivirus software, firewall, wireless network security and your operating
system to prevent harm and potential theft of data due to unauthorized access
by others and viruses. You should regularly back up your computer to preserve
your files, including email or other messages you want to keep. Persons with
questionable intent may use the Internet or email to pose as someone you trust
or do business with. You should always be sure whom you are dealing with before
clicking on an Internet link or giving personal information. To avoid all these
and other forms of attacks, we encourage you to visit the Federal Trade
Commission ("FTC") at http://www.ftc.gov for regular updates and tips on
protecting yourself. While we take reasonable steps to protect your services,
we highly recommend that you regularly change your login password, using
hard-to-guess combinations of numbers and letters of at least eight characters
in length. Once communications enter the Internet, it is possible for them to
be accessed by third parties over whom we have no control. Moreover, since we
cannot control web sites or services operated by third parties, you should
review their terms of service and privacy policy.
Spam – HAC tries to block
incoming and outgoing spam using a variety of methods, and we encourage your
help by preventing unauthorized access to your computer. We suggest that you
remain up-to-date on ways to avoid and combat spam. We may use email to send
transactional, informational, or relationship messages related to your service.
If you prefer, you may opt-out of other marketing messages we may send by
notifying us in response to any you may receive.
Cookies – A third party ad server that places ads on our websites may use
"cookies" to collect anonymous information about your visit to our
website and to manage information concerning your preferences. A
"cookie" is a computer code added to a file on your computer as a
record of its visit. It does not collect or provide your name or any other
personal information about you. It can, however, be read by the website that
placed it to note information about your visit, such as your type of web
browser, operating system and Internet Protocol ("IP") address. It
can also be used to recognize you when you log in as a registered user or as a
repeat visitor returning to our website. This allows us to tailor our site by
remembering you and any options you select. You can control what cookies are
accepted by your computer through the settings on your web browser or by
deleting them from your files. Doing so, however, may limit the personalization
available to you.
Third-Party Cookies and Web Beacons – These forms of computer code
are sometimes placed by advertisers or others with connection to a webpage and
may be read by the ad’s provider. They may use a form of code called a
"web beacon" or "clear GIF." These are usually contained in
a transparent image on a page or in an image on an email message and serve as a
way to gather information about your visit, such as your IP Address and
information or statistics about your visit. As with cookies, you can use your
browser settings to control web beacons. We may share non-personal information
obtained from cookies and web beacons with vendors, advertisers and others.
● Law
Enforcement and Legal Requests.
Information Disclosure – We cooperate as required by law, by providing only the
information the law requires. The laws concerning your privacy and government
access change from time to time and you may affect how we are required to
respond. Under current law, many subpoenas require that we not disclose or
notify you of the request. Due to this fact, we do not assume any duty to
notify you of receipt of any legal requests.
Internet Information – Your account records and information concerning your
Internet access may be subpoenaed by the government or by others through the
courts. The law permits us to disclose to law enforcement, voluntarily and
without prior notice, customer information, including the contents of communications,
if we reasonably believe that an emergency involving immediate danger of death
or serious physical injury requires such disclosure without delay.
● Security
Information. We
are aware of the many recently publicized instances of customer information
security breaches and continue to work on new ways to protect your information.
For our most sensitive databases, we use encrypted formats within controlled
and secure environments that have restricted access. Nevertheless, although we
endeavor to ensure the integrity and security of our network and computer
systems, we cannot guarantee that our security measures will prevent
unauthorized access.
● Children's
Privacy. We do
not knowingly allow anyone under the age of 18 to register to use our service.
Children should always get permission from a parent or guardian before sending
personal information over the Internet. If you believe your child may have
provided us with personal information, you can contact us at the one of the
following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
● Customer Access to
Information. You
may check the accuracy of personal information in your account by contacting a
Customer Service Representative at Home Acceptance Corporation at one of the
following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
● Your
Enforcement Rights. You can enforce your legal privacy rights concerning our
collection, use and sharing of your personally identifiable information. Among
your remedies is the right to seek damages under 47 U.S.C. 551.
● Other Terms and Changes in Policy. Other terms and conditions affect our services, including certain
contracts, our Acceptable
Use Policy and
the Internet
Service Agreement and Terms of Use for our website. Changes in our services, the law and
policy may cause us to make changes to this and other policies from time to
time. Any changes will be posted with the Online Privacy Policy at: https://www.homeacceptance.net, which also contains provisions
concerning privacy as relates to our website.
● Customer
Service Notices.
Billing and Complaint Procedures – Customers can direct billing or service
complaints to HAC at one if the
following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
●
California Online Privacy Protection Act Notice.
(1)
Home Acceptance Corporation does not track online users, and therefore does not
use "do not track" signals.
(2)
Home Acceptance Corporation does not authorize the collection of online users’
information for third party use through advertising technologies without
separate online user’s consent.
To learn more about DNT and Home Acceptance
Corporation’s DNT practices, please read on:
On September 27, 2013, California Governor
Jerry Brown signed into law A.B. 370, amending the California Online Privacy
Protection Act (CalOPPA) to require website operators like Home Acceptance
Corporation to disclose: (1)how Home Acceptance Corporation responds to
"Do Not Track Signals"(DNT); and (2)whether third parties collect
personally identifiable information (PII) about users when they visit the Home
Acceptance Corporation website.
Do
Not Track:
What
is DNT? DNT is the concept that has been promoted by regulatory authorities, in
particular the U.S. Federal Trade Commission (FTC), for the
Internet industry to develop and implement a mechanism for allowing Internet
users to control the tracking of their online activities across websites.
What
is a DNT signal? Currently, various browsers - including Internet Explorer, Firefox, and
Safari - offer a DNT option that relies on a technology known as a DNT header
that sends a signal to websites' visited by the browser user about the user's
DNT preference. You can usually access your browser's DNT option in your
browser's preferences.
Is
there a DNT technology standard? The World Wide Web Consortium (W3C) has
been working with industry groups, Internet browsers, technology companies, and
regulators to develop a DNT technology standard. While some progress has been
made on this issue, progress has been slow, and to date no standard has been
adopted. Without an industry standard for DNT, users cannot know how any given company
abides by a DNT signal they receive from browser headers. LinkedIn is committed
to remaining apprised of the W3C efforts to develop a DNT standard.
How
does Home Acceptance Corporation respond to the signal? Home Acceptance
Corporation takes privacy and security very seriously, and strives to put our
customers first in all aspects of our business. With regard to DNT, Home
Acceptance Corporation currently does not respond to DNT signals in browsers
because it doesn't track individual online users across the web.
Does
Home Acceptance Corporation permit third parties to collect personally
identifiable information about an individual consumer's online activities over
time and across different Web sites when a consumer uses the Home Acceptance
Corporation's site? Home
Acceptance Corporation does not authorize the collection of PII from its online
users through advertising technologies deployed in ads that may appear on Home
Acceptance Corporation’s site without separate consent.
For any questions regarding this Online Privacy Policy,
please contact us at one of the following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
[Back
to Top]
Internet Service Agreement and Terms
of Use
Updated 01/15/2019
YOUR USE AND/OR
REGISTRATION TO THE SERVICE SHALL CONSTITUTE AN ACCEPTANCE OF THE TERMS BELOW.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS DO NOT USE OR REGISTER FOR THE
SERVICE. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT
LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Binding Effect. This is a binding agreement. By
using the Internet site located at https://www.homeacceptance.net (the “Site”) or any services provided in
connection with the Site (the “Service”), you agree to abide by this Internet
Service Agreement and Terms of Use (the “Agreement”), as they may be amended by
Home Acceptance Corporation (“HAC”)
from time to time in its sole discretion. It is your responsibility to review
this Internet Service Agreement and Terms of Use periodically, and if at any
time you find this Internet Service Agreement and Terms of Use unacceptable,
you must immediately leave the Site and cease all use of the Service and the
Site.
Introduction. This Internet Service Agreement
and Terms of Use (the "Agreement") sets forth the terms and
conditions under which Home Acceptance Corporation (hereinafter, "HAC"), agrees to provide online
website service (hereinafter the "Service") to you. By completing the
registration and using the Service, you (i) agree to abide by, and require
others using the Service via your account to abide by the terms of this
Agreement, and (ii) represent and warrant that you are at least 18 years of
age. If you do not agree with the foregoing, you may not use the Service. This
Agreement takes effect on the date on which you accept this Agreement, and
continues until your registration is terminated. HAC reserves the right to modify the terms of this Agreement or
prices for the Service and may discontinue or revise any or all other aspects
of the Service in its sole discretion at any time by posting changes online.
Your continued use of the Service after changes are posted constitutes your
acceptance of this Agreement as modified by the posted changes. The updated,
online version of this Agreement shall supersede any prior version of this
Agreement that may have been included in any software or related materials
provided by HAC. This Agreement
should be read in conjunction with our Acceptable Use Policy, ("AUP"), Online Privacy Policy, and other applicable policies.
Please note that HAC
is a Licensed California Finance Lender (California Finance Lenders License No. 6030746)
and all direct commercial & consumer loans made or arranged pursuant to a California Finance Lenders Law license.
IF YOU DO NOT AGREE
TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICE
AND NOTIFY THE HAC CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCESS TO YOUR
ACCOUNT ONLINE MAY BE CLOSED.
Topical Index
1.
Your HAC Account
2.
Service E-Sign Disclosure and Consent
3.
Account Payment Agreement
4.
Payment Terms
5.
Use of Software
6.
Computer and Equipment Requirements
7.
Acceptable Use Policy
8.
Posting to HAC
9.
Affiliated Sites
10.
Monitoring and Removal of Content
11.
Privacy
12.
Alleged Violations
13.
Termination
14.
Disclaimer of Warranties and Limitation of Liability
15.
Indemnification
16.
Compliance with Laws and Intellectual Property Rights
17.
Prohibited Uses
18.
Inappropriate Content
19.
Copyright and Trademark Notices
20.
Intellectual Property Infringement Claims
21.
Governing Law and Jurisdiction
22.
Miscellaneous
23.
No License
24.
California Use Only
25.
Modification
26.
How to Contact Us
27.
Acknowledgement
1. Your HAC
Account. Your HAC Account entitles you to use the
Service. Your HAC Account is
personal to you. You agree that you are solely responsible and liable for any
and all breaches of the terms and conditions of this Agreement, whether such
breach results from your use of the Service or by another using your computer.
You agree to contact HAC immediately
upon the occurrence of any change in the status of your HAC Account (e.g., change in individuals authorized to access to
your HAC Account) for the purpose of
updating your HAC Account information.
2. Service
E-Sign Disclosure and Consent. This Service E-Sign Disclosure and Consent (the "Addendum")
supplements the Internet Service Agreement and
Terms of Use (the “Agreement") to which you agreed at your
initial logon to the Service, and amends and becomes a part of the Agreement. The
terms of the Agreement and this Addendum are hereby ratified, affirmed and
incorporated herein, and shall continue to apply in all respects, as amended
hereby. Any capitalized term
used but not defined herein shall be given the meaning ascribed thereto in the
Agreement. In the event of any conflict between the terms of the Agreement and
this Addendum, the terms of this Addendum shall be controlling. All references
hereinafter to the term "Agreement" shall mean the initial Agreement
as modified by this Addendum.
This
Service E-Sign Disclosure and Consent ("Disclosure"), applies to all
Communications for those products, services and Accounts offered or accessible
through the Service, or a mobile application used to access the Service, that
are not otherwise governed by the terms and conditions of an electronic
disclosure and consent. Please note that consenting to receive Communications
under this Disclosure will not automatically enroll you in Paperless
Statements.
As used in this Disclosure, "Account"
means the account(s) you have with HAC
now or in the future, including ones which you open through the Service. "Communication"
means any customer agreements or amendments thereto, monthly billing or account
statements, disclosures, notices, responses to claims, transaction history,
privacy policies and all other information related to the service or Account,
including but not limited to information that we are required by law to provide to you in
writing.
A. Scope of Communications to Be
Provided in Electronic Form. You agree that we may provide
you with any Communications in electronic format, and that we may discontinue
sending paper Communications to you, unless and until you withdraw your consent
as described below. Your consent to receive electronic Communications and
transactions includes, but is not limited to: (i) All legal and regulatory
disclosures and communications associated with the Account or the product or
service available through the Service for your Account. As an example, HAC may send by e-mail legally required
notification of changes to terms and conditions related to your Account(s) or
the Service. (ii) Notices or disclosures about a change in the terms of your
Account or associated payment feature and responses to claims. (iii) Privacy
policies and notices. (iv) Monthly (or other periodic) billing or account
statements for your Account(s) or such other Communications we may include from
time to time as part of the enrollment in the Paperless Statements program
("Paperless Statements"). Related inserts may
include, but are not limited to, marketing documentation and documentation
required to be provided to you pursuant to regulatory rules, such as privacy
notices and other important information regarding your Account. (v) Your
consent to receive electronic Communications does not automatically enroll you
in Paperless Statements. You must separately confirm that you would like to
stop receiving paper account statements (and any other types of Communications
we may include in Paperless Statements) by U.S. Mail.
B. Method of Providing Communications
to You in Electronic Form. All Communications that we provide to
you in electronic form will be provided by one or more of the following
methods: (1) via e-mail, (2) by access to a web site that we will designate in
an e-mail notice we send to you at the time the information is available, (3)
to the extent permissible by law, by access to a web site that we will
generally designate in advance for such purpose, or (4) by requesting you
download a PDF file containing the Communication.
C. How to Withdraw Consent. You
may withdraw your consent to receive Communications in electronic form by
contacting us at 1-800-413-4422, or, for Paperless
Statements by changing your delivery preferences within the Service. In
addition to the above-mentioned telephone number, you may withdraw your consent
to receive Communications in electronic form by writing to us at: Home
Acceptance Corporation, 1061 N. Kraemer Place, Suite G, Anaheim, CA 92806.
Withdrawal
of consent for Paperless Statements may result in a fee or change in fee for
some accounts. Please refer to your account agreement for additional
information. At our option, we may treat your provision of an invalid email
address, or the subsequent malfunction of a previously valid email address, as
a withdrawal of your consent to receive electronic Communications. We will not
impose any fee to process the withdrawal of your consent to receive electronic
Communications; however your access and use of the Service may be terminated.
Any withdrawal of your consent to receive electronic Communications will be
effective only after we have a reasonable period of time to process your
withdrawal.
D. How to Update Your Records. It is
your responsibility to provide us with true, accurate and complete e-mail
address, contact, and other information related to this Disclosure and your
Account(s), and to maintain and update promptly any changes in this
information. You can update information (such as your e-mail address) through
the Service or by contacting us at 1-800-413-4422.
E. Hardware and Software Requirements. In
order to access, view, and retain electronic Communications from us, you must
have: (i) up-to-date Internet browser that we support to access your Account through the Service; (ii) up-to-date
Internet browser that we support to access your Account through the Service;
(iii) local, electronic storage capacity to retain our Communications and/or a
printer to print them;(iv) a valid e-mail account and software to access it; (v)
an up-to-date device or devices (e.g., computer, smartphone, tablet, etc.)
suitable for connecting to the Internet; and, (vi) software that enables you to
view files in the Portable Document Format ("PDF").
F. Requesting Paper Copies. You
should not expect to receive a paper copy of any Communication, unless you
request it or we otherwise deem it appropriate to do so. You can obtain a paper
copy of an electronic Communication by printing it yourself or by requesting
that we mail you a paper copy, provided that such request is made within a
reasonable time after we first provided the electronic Communication to you. To
request a paper copy, contact us by telephone, or by logging in to the Service
and send a request using the “Contact Us” email form. We may charge you a
reasonable service charge, of which we've provided you prior notice, for the
delivery of paper copies of any Communication provided to you electronically
pursuant to this authorization. We reserve the right, but assume no obligation,
to provide a paper (instead of electronic) copy of any Communication that you
have authorized us to provide electronically.
G. Communications in Writing. All
Communications in either electronic or paper format from us to you will be
considered "in writing”. You should print or download for your records a
copy of this Disclosure and any other Communication that is important to you.
H. Federal Law. You
acknowledge and agree that your consent to electronic Communications is being
provided in connection with a transaction affecting interstate commerce that is
subject to the Federal Electronic Signatures in Global and National Commerce
Act, and that you and we both intend that the Act apply to the fullest extent
possible to validate our ability to conduct business with you by electronic
means.
I. Termination/Changes. We
reserve the right, in our sole discretion, to discontinue the provision of your
electronic Communications, or to terminate or change the terms and conditions
on which we provide electronic Communications. We will provide you with notice
of any such termination or change as required by law.
J. E-mail Address of Record for
Accounts with Joint and/or Multiple Owners. Each
account owner is able to provide an e-mail address for an Account in connection
with each owner's consent to receive electronic Communications. Only one
account owner's authorization is required to enroll in Paperless Statements.
For purposes of electronic notification for Paperless Statements on a joint or
multiple owner account, you agree that electronic notifications for Paperless
Statements delivered to the e-mail address of the account owner who enrolls in
Paperless Statements will constitute delivery to all account owners, even if
all account owners may not have access to such e-mail address.
K. Interested Parties. If
you have designated one or more interested parties to receive copies of your
account statements or other documents, they will continue to receive copies of
such documents via U.S. Mail.
L. Acceptance and Consent. By consenting to this Disclosure, you agree
to the following statements:
I have
read, understand and agree to be bound by the terms and conditions described
above and consent to receive electronic Communications according to the process
described above. I understand that I may incur costs, including but not limited
to online time and other charges from my internet service provider, in
accessing and/or viewing such document(s).
I
understand and agree that: (i) certain documents will continue to be delivered
to me via U.S. Mail that are not included in the Paperless Statements program
and that in the future some or all of these documents may be made available for
me to view electronically in accordance with this Disclosure; (ii) my consent
to view documents electronically does not automatically expire and is not
limited as to duration; (iii) HAC
and/or its agents may revoke my participation in the Paperless Statements
program at any time at its discretion; (iv) neither HAC, nor their agents will be liable for any loss, liability, cost,
expense, or claim for acting upon this authorization or arising from my use of
the product or services provided pursuant to this Disclosure; and (v) inserts
that may be provided along with my account statements contain important
information or disclosures concerning my Account and I agree to review such
inserts in a timely manner.
M. E-sign with Through Mobile.
(i) Scope of Communications to Be Provided in Electronic Form. You agree that we may provide you with any Communications
in electronic format, and that we may discontinue sending paper Communications
to you, unless and until you withdraw your consent as described below. Your
consent to receive Communications in electronic form includes, but is not
limited to: (a) All legal and regulatory
disclosures and communications associated with the Account or the product or
service available through the Service for your Account. As an example, HAC may send by e-mail legally required
notification of changes to terms and conditions related to your Account(s) or
the Service. b) Notices or disclosures about a
change in the terms of your Account or associated payment feature and responses
to claims. (c) Privacy policies and notices. (d)
Monthly (or other periodic) billing or account
statements for your Account(s) or such other Communications we may include from
time to time as part of the enrollment in the Paperless Statements program
("Paperless Statements"). Related inserts may
include, but are not limited to, marketing documentation and documentation
required to be provided to you pursuant to regulatory rules, such as privacy
notices and other important information regarding your Account. (e) Your consent to receive electronic Communications does not
automatically enroll you in Paperless Statements. You must separately confirm
that you would like to stop receiving paper account statements (and any other
types of Communications we may include in Paperless Statements) by U.S. mail.
(ii) Method
of Providing Communications to You in Electronic Form. All Communications
that we provide to you in electronic form will be provided by one or more of
the following methods: (a) via e-mail, (b) by access to a website, including
our mobile websites, that we will designate in an e-mail notice we send to you
at the time the information is available, (c) to the extent permissible by law,
by access to a website, including our mobile websites, that we will generally
designate in advance for such purpose, (d) via our mobile applications, or (e)
by requesting you download a PDF file containing the Communication.
(iii) How
to Withdraw Consent. You may withdraw your consent to receive
Communications in electronic form by contacting us at 1-800-413-4422,
or, for Paperless Statements, by changing your delivery preferences within the
Service. Withdrawal of consent for Paperless Statements may result in a fee or
change in fee for some accounts. Please refer to your account agreement for
additional information. At our option, we may treat your provision of an
invalid e-mail address, or the subsequent malfunction of a previously valid
e-mail address, as a withdrawal of your consent to receive electronic
Communications. We will not impose any fee to process the withdrawal of your
consent to receive electronic Communications; however your access and use of
the Service may be terminated. Any withdrawal of your consent to receive
electronic Communications will be effective only after we have a reasonable
period of time to process your withdrawal.
(iv) How
to Update Your Records. It is your responsibility to provide us with true,
accurate and complete e-mail address, contact, and other information related to
this Disclosure and your Account(s), and to maintain and update promptly any
changes in this information. You can update information (such as your e-mail
address) through the Service or by contacting us at 1-800-413-4422.
(v) Hardware
and Software Requirements. In order to access, view, and retain electronic
Communications from us, you must have: (a) an up-to-date Internet or mobile
browser that we support to
access your Account through the Service or if accessing your Account through
our mobile applications, one of the following mobile operating systems: Apple
iOS 5.0 or later, Android OS 2.1 or later, or Windows Phone 7.5 or later; (b)
an up-to-date Internet or mobile browser that we support to access your Account
through the Service or if accessing your Account through our mobile
applications, one of the following mobile operating systems: Apple iOS 5.0 or
later, Android OS 2.1 or later, or Windows Phone 7.5 or later; (c) local,
electronic storage capacity to retain our Communications and/or a printer to
print them; (d) a valid e-mail address and software to access it; (e) an
up-to-date device or devices (e.g., computer, smartphone, mobile
device, tablet, etc.) suitable for connecting to the Internet or for
downloading our mobile applications or accessing our mobile websites; or (f)
software that enables you to view files in the Portable Document Format ("PDF").
(vi) Requesting
Paper Copies. You should not expect to receive a paper copy of any
Communication, unless you request it or we otherwise deem it appropriate to do
so. You can obtain a paper copy of an electronic Communication by printing it
yourself or by requesting that we mail you a paper copy, provided that such
request is made within a reasonable time after we first provided the electronic
Communication to you. To request a paper copy, contact us by telephone, or by
logging in to the Service and send a request using the “Contact Us”
email form. We may charge you a reasonable service charge, of which we've
provided you prior notice, for the delivery of paper copies of any
Communication provided to you electronically pursuant to this authorization. We
reserve the right, but assume no obligation, to provide a paper (instead of
electronic) copy of any Communication that you have authorized us to provide
electronically.
(vii) Communications
in Writing. All Communications in either electronic or paper format from us
to you will be considered "in writing." You should print or download
for your records a copy of this Disclosure and any other Communication that is
important to you.
(viii)
Federal Law. You acknowledge and agree that your consent to electronic
Communications is being provided in connection with a transaction affecting
interstate commerce that is subject to the Federal Electronic Signatures in
Global and National Commerce Act (the “Act”), and that you and we both intend
that the Act apply to the fullest extent possible to validate our ability to
conduct business with you by electronic means.
(ix) Termination/Changes.
We reserve the right, in our sole discretion, to discontinue the provision of
your electronic Communications, or to terminate or change the terms and
conditions on which we provide electronic Communications. We will provide you
with notice of any such termination or change as required by law.
(x) E-mail
Address of Record for Accounts with Joint and/or Multiple Owners. Each
account owner is able to provide an e-mail address for the Account in
connection with each owner’s consent to receive electronic Communications. Only
one account owner's authorization is required to enroll in Paperless
Statements.
For
purposes of electronic notification for Paperless Statements on a joint or
multiple owner account, you agree that electronic notifications for Paperless
Statements delivered to the e-mail address of the account owner who enrolls in
Paperless Statements will constitute delivery to all account owners, even if
all account owners may not have access to such e-mail address.
(xi) Interested
Parties. If you have designated one or more interested parties to receive
copies of your account statements or other documents, they will continue to
receive copies of such documents via U.S. mail.
(xii) Acceptance
and Consent.
By consenting to this Disclosure, you
agree to the following statements: I have read, understand and
agree to be bound by the terms and conditions described above and consent to
receive electronic Communications according to the process described above. I
understand that I may incur costs, including but not limited to online time and
other charges from my communications service provider, in accessing and/or
viewing such document(s).
I understand and agree that: (a)
certain documents will continue to be delivered to me via U.S. mail that are
not included in the Paperless Statements program and that in the future some or
all of these documents may be made available for me to view electronically in
accordance with this Disclosure; (b) my consent to view documents
electronically does not automatically expire and is not limited as to duration;
(c) HAC and/or their agents may
revoke my participation in the Paperless Statements program at any time at
their discretion; (d) neither HAC
nor their agents will be liable for any loss, liability, cost, expense, or
claim for acting upon this authorization or arising from my use of the product
or services provided pursuant to this Disclosure; and (e) inserts that may be
provided along with my account statements contain important information or
disclosures concerning my Account and I agree to review such inserts in a timely
manner.
N. Risks of Electronic Transactions and
Access to Information. Your ability to access the Service may
be limited during periods of high volume, systems upgrades and maintenance or
for other reasons. If the Service is not available for transactions, or if
conditions render its use inappropriate, you agree to use alternative means
access your Account information, such as calling HAC. HAC will not be liable to you if you are unable to access the
Service or complete transactions through it.
3. Account Payment Agreement. This
Account Payment Agreement ("Addendum") supplements the Internet Service Agreement and
Terms of Use (the "Agreement") to which you agreed at your
initial logon to the Service, and amends and becomes a part of the Agreement.
The terms of the Agreement and this Addendum are hereby ratified, affirmed and
incorporated herein, and shall continue to apply in all respects, as amended
hereby. Any capitalized term used but not defined herein shall be given the
meaning ascribed thereto in the Agreement. In the event of any conflict between
the terms of the Agreement and this Addendum, the terms of this Addendum shall
be controlling. All references hereinafter to the term "Agreement"
shall mean the Agreement as modified by this Addendum.
A. Payments.
(i) General
Terms Applicable to Payments. You may use the Service to make
one-time or repeating payments to your HAC
Account(s) ("Payments"). When you use, or allow another to use, the
Service to send instructions to us to take payments through the Service you
agree to the following terms and conditions set forth in this Addendum. You
agree that all of your payments made through the Service will appear on the
statement for your respective accounts. Certain payments available through the
Service may be subject to terms and conditions in agreements separate from this
Agreement that apply to such other services. Please refer to the agreements and
documentation that you receive for those services for that information. You
agree to be bound by and comply with such other written requirements as we may
furnish to you in connection with your accounts and other products that may be
accessed via the Service. In the event of a conflict between the terms
applicable to this Addendum and such other agreements, this Addendum terms and
conditions shall control. Not all accounts are eligible for Payments. We
reserve the right to limit eligibility to certain types of accounts and to
change such eligibility from time to time.
(a) Definitions. As used in
this Agreement, the following terms have the meaning set forth below.
"Business Day" refers to Monday through Friday,
excluding federal holidays. "Business Day" also excludes Good Friday.
"Canceled" means when a payment will neither be
processed nor sent for any reason;
"Current Day" refers to payment for an account that is
scheduled with a present day Send On date; or the next Business Day if
scheduled after the Cutoff Time;
"Cutoff Time" means the time by which we must receive
Instructions to have them considered entered on that particular Business Day.
See the paragraph entitled "Cutoff Times" for additional details;
"Delivery Method" means the way your payment is
transmitted (i.e., either electronically or via check);
"Draft" means checks, or other negotiable instruments or
items prepared by us or our agents and issued pursuant to your Instructions
under Account Pay;
"Funding Failed" means when a payment will not be
delivered after multiple unsuccessful attempts have been made to withdraw funds
from the appropriate Pay From account or From Account on consecutive Business
Days or when the financial institution holding your external account notifies
us that your attempted payment from your external account could not be
completed;
"Funds Needed" means when an Instruction made through
the Service is not processed because the respective Pay From account or From
Account had insufficient funds or available credit to complete the transaction
after an attempt to withdraw the funds;
"Future Dated" means Instructions that are not scheduled
to begin processing on the current Business Day;
"Instructions" means the information provided by you to
us for an Account payment;
"Pay From account" means the deposit or eligible credit
account you maintain from which payments will be made;
"Payment date" means the date you would like your
payment to be processed for your HAC
Account;
"Pending" means any Instruction that you have requested
to be made that has not started to process and has not been Cancelled by you;
"Repeating Payment" means automatic recurring Account
payments to the same Account, respectively, for the same amount which you can
authorize for transmission;
B. Disclosure
of Account Information to Third Parties. We
may disclose information to third parties about your Account or the Account payments you make:
(i) as necessary to complete transactions.
(ii) in connection with the investigation of any claim you initiate.
(iii) to comply with government agency or court orders.
(iv) in accordance with your written permission.
(v) as otherwise permitted by the terms of our privacy policy.
Our privacy policy, which includes details
about our information sharing practices and your right to opt-out of certain
information sharing was provided to you when you opened your Account.
C. Cutoff Times. Cutoff Times are as follows on
any Business Day (in Pacific Time):
(i)
The Cutoff Time for payments to an Account will be reflected on the screen at
the time your payment is scheduled.
All
Cutoff Times referenced in this Agreement reflect the times displayed on our
internal system clocks and may not necessarily be synchronized with the
internal clock displayed on your computer. For this reason, we suggest that you
transmit any Instructions to us sufficiently in advance of such Cutoff Times to
eliminate the possibility of missing the cutoff. Instructions entered after the
Cutoff Time with a Send On date that is the next Business Day may start to
process immediately and may be Funded prior to the requested Send On date.
D. Service Fees. Unless otherwise noted in your
Account agreement, we do not charge a monthly service fee for Payments. If we
process a payment in accordance with your Instructions that is returned unpaid
by your external account or is denied by your external account, we may assess a
fee or charge interest for any such payment failure in accordance with the
terms of your Account Agreement. We are not responsible for any payment request
if there isn't enough money in the designated Pay From or From account.
E. Repeating Payments. Repeating payments that are for
the same fixed amount each month will be sent on the same calendar day of each
month, or on the prior Business Day if the regular Send On date or Transfer
date falls on a non-Business Day. Repeating payments will be deducted from your
Pay From account or From Account, on the Send On date, as applicable. In order
to authorize a Repeating payment, you agree to have means to print a copy of
your authorization for your records. If you do not have a printer, you agree to
continue to authorize a Repeating transaction on a transaction-by-transaction
basis until you have means of printing a copy of your authorization for your
records.
If you wish to cancel a
Repeating payment, you should cancel your transaction online. Future Dated may
be Cancelled before 11:59 p.m. PT three Business Days before the Send On date.
If for any reason you cannot access the Service, you may also call or write
customer service at the phone number or address set forth in the “Contact
Us" page of the Service. If you call, we may also require you to present
your request in writing within seven (7) days after you call.
D. Payment Services. (i) General
Terms Applicable to Payments. (a) Your responsibilities: You
authorize us to remove funds from your designated Pay From account for all
payments that you initiate and you agree to have sufficient available funds on
the Send On date or Payment date for each such payment you schedule. If there
are insufficient available funds to cover a Current Day payment, we will not retry
the payment and it will be immediately rejected. In the alternative, if
sufficient available credit or funds are not in your external account on the
Send On date or Payment date, we will automatically try to debit your account
up to two (2) more times on each of the two (2) succeeding Business Days. After
the final attempt, the payment request will be Cancelled. You agree that we
may, at our option, follow your Instructions to take payments, even though a
charge to or a debit from your Pay From account may cause you to exceed your
credit limit, or bring about or increase an overdraft.
E. Payments to HAC Accounts. Only Business Days may be chosen as
Payment dates for HAC Accounts and
Instructions must be received by us by the Cutoff Time to receive credit on
that same Business Day; Instructions received on any non-Business Day or after
the Cutoff Time on any Business Day will be processed on the next Business Day.
Payments to HAC Accounts made before
the Cutoff Time on any Business Day will be applied with the date the payment
is submitted; payments made after the Cutoff time will be applied with the next
Business Day's date. Updates to the outstanding balances of the HAC Account will be made by the
Business Day following the Payment date.
F. Duplicate Payments. If you submit a duplicate
Account Payment request, an error message may be displayed on our website and
such duplicate payments may not be permitted. WE WILL NOT
BE RESPONSIBLE FOR ANY PAYEE'S REFUSAL TO RETURN ANY DUPLICATE PAYMENTS MADE AS
A RESULT OF SOFTWARE CHANGES THAT YOU DIRECT.
G. Your Liability for Unauthorized Payments. If
you permit other persons to use the Service or your Password, you are
responsible for any transactions they authorize from your external accounts. IF YOU
BELIEVE THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR THAT SOMEONE HAS MADE
PAYMENTS FROM YOUR EXTERNAL ACCOUNT WITHOUT YOUR PERMISSION, NOTIFY US AT ONCE,
BY CALLING 1-800-413-4422 OR WRITING US AT HAC CUSTOMER SERVICE, 1061 N.
KRAEMER PLACE, SUITE G, ANAHEIM, CA 92806.
H. Our Liability for Failure to
Complete Payments. If we
do not complete a payment request to your Account in the correct amount or
according to our agreement with you, we will be liable for those damages as the
law imposes in such cases. However, there are some exceptions. We will not be
liable, for example: (i) If, through no fault of ours, your external account
does not contain sufficient funds to take the payment or payment would exceed
any credit line or any overdraft for such external account; (ii) Your operating
system or software was not functioning properly at the time you attempted to
initiate such transfer or payment and it was evident to you at the time you
began the payment; (iii) Circumstances beyond our control, such as fires,
floods, acts of God, power outages and the like; (iv) The third party financial institution holding your external
account, mishandles or delays processing Payments request; and, (v) If you have
not provided us with complete and correct payment information, including without
limitation the financial institution name, address, account number or payment
amount.
The list of examples set out in this
paragraph is meant to illustrate circumstances under which we would not be
liable for failing to take a payment and is not intended to list all of the
circumstances where we would not be liable.
I. Errors and Questions about
Payments and Transfers. In case of errors or questions about your
electronic payments to your Account(s) you should telephone or write us as soon
as you can, at the address or phone number set forth in the “Contact Us” page
of the Service if you think that your statement is wrong or you need more
information about a payment listed on the statement. We must hear from you no
later than sixty (60) days after we sent you the FIRST statement on which the
problem or error appeared. Tell us your name and the Account number(s) of the
Account(s) involved. Describe the error or payment you are uncertain about, and
explain as clearly as you can why you believe it is an error or why you need
more information. Tell us the dollar amount of the suspected error. If you tell
us in person or by telephone, we may require that you send us your complaint or
question in writing within ten (10) Business Days.
We will give you the results of our
investigation within 10 Business Days (or 20 Business Days if your Account was
opened less than 30 days prior to the date of the suspected error) after we
hear from you. If we have made an error, we will correct it promptly. If we
need more time, however, we may take up to 45 days (or 90 days if your Account
was opened less than 30 days prior to the date of the suspected error) to
investigate your complaint or question. If we decide to do this, we will credit
the account in question within 10 Business Days (or 20 Business Days if your
Account was opened less than 30 days prior to the date of the suspected error)
for the amount you think is in error. Such crediting is referred to as a
provisional credit. If we ask you to put your complaint or question in writing
and we do not receive it within 10 Business Days, we may not provisionally
credit the Account(s) that was the subject of your complaint. We will tell you
the results within three business days after completing our investigation. If
we find there was no error, we will send you a written explanation within three
(3) Business Days after we finish our investigation. You may ask for copies of
the documents that we used in our investigation. If we provisionally credit
your Account, we may take back the amount of any credit if we find that an
error did not occur.
4. Payment Terms. You agree to be responsible for
any and all charges, damages and costs that you or anyone using your HAC Account incurs while using the
Service. You agree to pay all fees and charges including, but not limited to,
applicable, taxes, customer service fees, late fees and collection fees. All
such charges, including all applicable taxes, are your sole responsibility.
5. Use of Software. HAC may make certain software available to you from the Site. If
you download software from the Site, the software, including all files and
images contained in or generated by the software, and accompanying data
(collectively, “Software”) are deemed to be licensed to you by HAC, for your personal, noncommercial,
home use only. HAC does not transfer
either the title or the intellectual property rights to the Software, and HAC retains full and complete title to
the Software as well as all intellectual property rights therein. You may not
sell, redistribute, or reproduce the Software, nor may you decompile,
reverse-engineer, disassemble, or otherwise convert the Software to a
human-perceivable form. All trademarks and logos are owned by HAC or its licensors and you may not
copy or use them in any manner.
6. Computer and
Equipment Requirements. At the time of your initial registration to the Service, your
computer equipment must comply with HAC's
current minimum computer requirements that are described on the New Customer
Registration page. The minimum computer requirements may change and HAC will make reasonable efforts to
support previously acceptable configurations; however, HAC is not obligated to continue to provide such support.
7. Acceptable Use
Policy. You
agree to use the Services strictly in accordance with the Acceptable Use Policy located at https://www.homeacceptance.net/ which may be modified by HAC from time to time, and which is
incorporated herein by reference and made a part of this Agreement.
8. Posting to HAC. You are solely responsible and
liable for all information that you post, email, transmit or otherwise make
available to HAC via the Service.
You grant HAC a license to use the
information and materials you post to the Site or Service. By posting,
downloading, displaying, performing, transmitting, or otherwise distributing
information or other content (“User Content”) to the Site or Service, you are
granting HAC, its affiliates,
officers, directors, employees, consultants, agents, and representatives a
license to use User Content in connection with the operation of the Internet
business of HAC, its affiliates,
officers, directors, employees, consultants, agents, and representatives,
including without limitation, a right to copy, distribute, transmit, reproduce,
edit, translate, and reformat User Content. You will not be compensated for any
User Content. By posting User Content on the Site or Service, you warrant and
represent that you own the rights to the User Content or are otherwise
authorized to post, distribute, display, perform, transmit, or otherwise
distribute User Content.
9. Affiliated
Sites. HAC has no control over, and no
liability for any third party websites or materials. HAC works with a number of partners and affiliates whose Internet
sites may be linked with the Site. Because neither HAC nor the Site has control over the content and performance of
these partner and affiliate sites, HAC
makes no guarantees about the accuracy, currency, content, or quality of the
information provided by such sites, and HAC
assumes no responsibility for unintended, objectionable, inaccurate,
misleading, or unlawful content that may reside on those sites. Similarly, from
time to time in connection with your use of the Site, you may have access to
content items (including, but not limited to, websites) that are owned by third
parties. You acknowledge and agree that HAC
makes no guarantees about, and assumes no responsibility for, the accuracy,
currency, content, or quality of this third party content, and that, unless
expressly provided otherwise, this Agreement shall govern your use of any and
all third party content.
10. Monitoring and
Removal of Content. HAC is under no
obligation to monitor the Service. However, HAC reserves the right at all times and without notice to remove,
restrict access to, or make unavailable the Service.
11. Privacy. HAC
respects your privacy and permits you to control the treatment of your personal
information. A complete statement of HAC’s
current Online Privacy Policy can be found here online. HAC’s Online Privacy Policy
is expressly incorporated into this Agreement by this reference.
You are required to register your HAC account to use or access the
Customer Services Site or Merchant Services Site. You must complete the
registration process by providing the complete and accurate information
requested on the registration form. You will also be asked to provide a user
name and password. You are entirely responsible for maintaining the
confidentiality of your password. You may not use the account, username, or
password of someone else at any time. You agree to notify HAC immediately on any unauthorized use of your account, user name,
or password. HAC shall not be liable
for any loss that you incur as a result of someone else using your password,
either with or without your knowledge. You may be held liable for any losses
incurred by HAC, its affiliates,
officers, directors, employees, consultants, agents, and representatives due to
someone else’s use of your account or password.
You authorize HAC to make inquiries and to receive information about your credit
history from others and to utilize such information in its decision regarding
its provision of the Service to you. You agree that HAC may collect and disclose information concerning you and your
use of the Service in the manner and for the purposes set forth herein and in
the Online Privacy Policy. Please
read the Online Privacy Policy.
12. Alleged
Violations. HAC reserves the right to terminate
your use of the Service and/or the Site. To ensure that HAC provides a high quality experience for you and for other users
of the Site and the Service, you agree that HAC or its representatives may access your account and records on a
case-by-case basis to investigate complaints or allegations of abuse,
infringement of third party rights, or other unauthorized uses of the Site or
the Service. HAC does not intend to
disclose the existence or occurrence of such an investigation unless required
by law, but HAC reserves the right
to terminate your access to the Site immediately, with or without notice to
you, and without liability to you, if HAC
believes that you have violated any of the terms of this Agreement, furnished HAC with false or misleading
information, or interfered with use of the Site or the Service by others.
13. Termination. Either party may terminate this
Agreement at any time without cause by providing the other party with no less
than twenty-four (24) hours written notice of such termination. In the event of
termination by you, you must notify HAC
by a non-electronic written submission sent to HAC at 1061 N. Kraemer Pace, Suite G, Anaheim, CA 92806. Email
submissions to HAC shall not
constitute effective notice. In the event of termination by HAC, HAC may notify you of such termination by electronic or other
means.
14. Disclaimer of Warranties
and Limitation of Liability.
You expressly agree that HAC is not
responsible or liable for any content, act or omission of any third party
including, without limitation, any threatening, defamatory, obscene, offensive,
or illegal conduct, or any infringement of another's rights including, without
limitation, privacy and intellectual property rights, and you hereby release HAC for any such claims based on the
activities of third parties.
HAC
HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE IS PROVIDED TO YOU "AS
IS" WITHOUT WARRANTY OF ANY KIND. NEITHER HAC, NOR ITS AFFILIATES OR ANY
OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS
AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. HAC DOES NOT WARRANT THAT
ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM
OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY
ARE HEREBY EXCLUDED AND DISCLAIMED.
HAC’S
LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL HAC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED
TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,
REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES
PROVIDED TO YOU BY HAC. HAC AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE
NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE
USE OF THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS
NEGLIGENCE OF A HAC TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING
ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS
OF WHETHER OR NOT HAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY EVENT, HAC'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO
THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF ANY SERVICE FEES
PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE HAC
FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS
LIMITATION. HAC IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR
RELATED TO YOUR BREACH OF THIS AGREEMENT. THIS LIMITATION SHALL APPLY
REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY OR FORM OF ACTION. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER
THIS AGREEMENT ARE AS EXPRESSLY SET FORTH HEREIN. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnification. You agree to indemnify HAC for certain of your acts and
omissions. You agree to indemnify, defend, and hold harmless HAC, its affiliates, officers,
directors, employees, consultants, agents, and representatives from any and all
third party claims, losses, liability, damages, and/or costs (including
reasonable attorney fees and costs) arising from your access to or use of the
Site, your violation of this Agreement, or your infringement, or infringement
by any other user of your account, of any intellectual property or other right
of any person or entity. HAC will
notify you promptly of any such claim, loss, liability, or demand, and will
provide you with reasonable assistance, at your expense, in defending any such
claim, loss, liability, damage, or cost, provided that your participation will
not be conducted in a manner prejudicial to HAC's interests, as reasonably determined by HAC.
16. Compliance with
Laws and Intellectual Property Rights. When accessing the Site or using the Service, you agree to
obey the law and to respect the intellectual property rights of others. Your
use of the Service and the Site is at all times governed by and subject to laws
regarding appropriate use and intellectual property rights. You agree not to
upload, download, display, perform, transmit, or otherwise distribute any
information or content (collectively, “Content”) in violation of HAC’s or any third party’s copyrights,
trademarks, or other intellectual property or proprietary rights. You agree to
abide by laws regarding appropriate use and intellectual property rights, and
you shall be solely responsible for any violations of any relevant laws and for
any infringements of third party rights caused by any Content you provide or
transmit, or that is provided or transmitted using your User ID. The burden of
proving that any Content does not violate any laws or third party rights rests
solely with you.
17. Prohibited
Uses. HAC imposes certain restrictions on
your permissible use of the Site and the Service. You are prohibited from
violating or attempting to violate any security features of the Site or
Service, including, without limitation, (a) accessing content or data not
intended for you, or logging onto a server or account that you are not
authorized to access; (b) attempting to probe, scan, or test the vulnerability
of the Service, the Site, or any associated system or network, or to breach
security or authentication measures without proper authorization; (c)
interfering or attempting to interfere with service to any user, host, or
network, including, without limitation, by means of submitting a virus to the
Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or
“crashing;” (d) using the Site or Service to send unsolicited e-mail,
including, without limitation, promotions, or advertisements for products or
services; (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or in any posting using the Service; or (f)
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code
used by HAC in providing the Site or
Service. Any violation of system or network security may subject you to civil
and/or criminal liability.
18. Inappropriate
Content. You
shall not make the following types of Content available. You agree not to
upload, download, display, perform, transmit, or otherwise distribute any
Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or
threatening; (b) advocates or encourages conduct that could constitute a
criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or foreign law or regulation. HAC intends to cooperate fully with any
law enforcement officials or agencies in the investigation of any violation of
this Agreement or of any applicable laws.
19. Copyright and
Trademark Notices.
All contents of our Site and/or our Service are: Copyright © 2005 – Home
Acceptance Corporation, 1061 N. Kraemer Place, Suite G, Anaheim, CA 92806. All
rights reserved. Materials available on the HAC website are protected by copyright law. HAC is a trademark of Home Acceptance Corporation, and other HAC services referenced herein and
other trademarks, logos, and service marks (collectively “Trademarks”) used in
the Site are either actual service marks or registered service marks of Home
Acceptance Corporation or their respective owners. Nothing contained in the
Site should be construed as granting by implication, estoppel, or otherwise, a
license or right of use of HAC or
any other Trademark displayed in the Site without express written permission of
HAC or its respective owner.
20. Intellectual
Property Infringement Claims. In accordance with Title 17, United States Code, Section
512(c)(3), if you believe that a Web page hosted by HAC is violating your rights under U.S. copyright law, you may file
a complaint of such claimed infringement with HAC at one of the following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
21. Governing Law
and Jurisdiction.
This Agreement shall be exclusively governed by, and construed in accordance
with, the laws of the United Sates and the State of California, without
reference to their rules regarding conflicts of law. You hereby irrevocably
consent to the exclusive jurisdiction of the state or federal courts in Santa
Ana, California, USA in all disputes arising out of or related to this
Agreement, use of the Site or Service. You waive all rights to bring any claim,
suit or proceeding more than one (1) year after the date the cause of action
arose.
22. Miscellaneous. This Agreement constitutes the
entire agreement and understanding between the parties with respect to its
subject matter and supersedes and replaces any and all prior written or oral
agreements. In the event that any term or condition of this Agreement is held
to be unenforceable, by a court of competent jurisdiction, the unenforceable
portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and the remainder of
its terms and conditions shall remain in full force and effect. Nothing
contained in this Agreement shall be construed to limit HAC's rights and remedies available at law or in equity. HAC's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. No waiver of any breach of any provision of
this Agreement shall constitute a waiver of any prior, concurrent, or
subsequent breach of the same or any other provisions hereof, and no waiver
shall be effective unless made in writing and signed by an authorized
representative of the waiving party. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
This Agreement may not be assigned or transferred by you. This Agreement is
freely assignable and transferable by HAC
to third parties.
23. No License. Nothing contained on the Site or
in this Agreement should be understood as granting you a license to use any of
the trademarks, service marks, or logos owned by HAC or by any third party.
24. California Use
Only. The Site
is controlled and operated by HAC
from its offices in the State of California. HAC makes no representation that any of the materials or the
services to which you have been given access are available or appropriate for
use in other locations. Your use of or access to the Site should not be
construed as HAC’s purposefully
availing itself of the benefits or privilege of doing business in any state or
jurisdiction other than California.
25. Modifications. HAC may, in its sole discretion and without prior notice, (a)
revise this Agreement; (b) modify the Site and/or the Service; and (c)
discontinue the Site and/or Service at any time. HAC shall post any revision to this Agreement to the Site, and the
revision shall be effective immediately on such posting. You agree to review
this Agreement and other online policies posted on the Site periodically to be
aware of any revisions. You agree that, by continuing to use or access the Site
following posting of any revision, you shall abide by any such revision.
26. How to Contact
Us. For any
questions regarding this Internet Service Agreement, your account, billing or
other, please contact HAC at one of
the following:
Email:
Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.
27.
Acknowledgement.
BY USING THE SERVICE OR ACCESSING THE
SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS OF USE AND AGREE TO
BE BOUND BY THEM AND THIS AGREEMENT.
● Acceptable Use Policy
● Online Privacy Policy
● Your Online Privacy Rights as a HACCustomer
● Internet Services Agreement and Terms of Use