Terms of Service - AllPointsFinancial

AGREEMENT BETWEEN USER AND ALL POINTS FINANCIAL

These Terms and Conditions of Use (“Agreement”) are a legal agreement between you and VYSYZ LLCd/b/a All Points Financial (hereinafter referred to as “We”, “US”, “Our”, “All Points Financial”), the operator of All Points Financial (the “Site”)(The Site and any social media page or campaign shall be collectively referred to herein as the “Sites”). By using, registering, or otherwise interacting with the Sites in any way whatsoever, including through any service provided through Sites, you agree to be bound by all the terms and conditions (the “Terms”) set forth in this Agreement. You understand that you are not able to modify these terms and that you must accept all terms “AS-IS.” Should you choose not to accept all Terms herein, simply do not register your information, make use of, or interact with this Site.

This Agreement contains a binding arbitration agreement in Section XVI titled Dispute Resolution by Binding Arbitration in this Agreement, which provides that you and All Points Financial, including any of All Points Financial principals, employees, affiliates, members, or officers as well as all independent service providers who provide services to those who are referred to through All Points Financial, agree to resolve all disputes arising out of or relating to your registration, use, interaction with the Sites, and/or the services you receive from the Service Provider through binding individual arbitration and not in any class or mass setting, and that you and we both give up any right to have any dispute between the parties be decided in a court by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See Section XVI Dispute Resolution by Binding Arbitration section of this Agreement. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

The Site is marketing and referral website that provides financial analysis to businesses and individual consumers on how to properly tackle their finances and debt and connects businesses and individual consumers with independent third-party financial service providers that provide debt relief financial services. You understand that when you call the number on our Site, you may be connected with one of our representatives or you may be directly connected with one of our partner providers, or a third-party service providers to assist you. Independent third-party financial service providers may charge fees for their services and have their own terms of service. All Points Financial is not responsible and does not guarantee any outcomes from these independent third-party financial service providers. All Points Financial does not guarantee that Independent third-party financial service providers provide service in your state.

Please be advised that All Points Financials’ Privacy Policy is hereby incorporated by reference into this Agreement. The Privacy Policy explains how we collect, protect, share and use your information as a part of our Sites, and all of our product and services.

I. MODIFICATION OF THESE TERMS OF USE

ALL POINTS FINANCIAL RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT ITS DISCRETION. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE “LAST UPDATED” DATE HEREIN, SUPERSEDES ALL PREVIOUS VERSIONS. REGARDLESS OF WHETHER OR NOT YOU REVIEWED THE CHANGES TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOUR CONTINUED USE OF ANY PART OF THIS SITE OR ANY FEATURE ON THE SITE CONSTITUTES YOUR ACCEPTANCE TO ALL TERM CHANGES TO THIS AGREEMENT.

II. LINKS TO THIRD PARTY SITES

This Sites may contain links to external websites (“Linked Sites”). The Linked Sites are not under the control or management of All Points Financial, and All Points Financial is not responsible for the contents of any and all Linked Sites, including without limitation any links contained in a Linked Site or any changes or updates to a Linked Site. All Points Financial is not responsible for webcasting or any other form of transmission received from any Linked Site. All Points Financial is providing these links to you only as a convenience, and the inclusion of any links to Linked Sites does not imply endorsement by All Points Financial of the Linked Sites or any association with its operators.

III. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites, you warrant to All Points Financial that you will not use the Sites for any purpose that is unlawful, prohibited by law and/or regulation, or is prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, negatively impact or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information from the Sites through any means not intentionally made available or provided for through All Points Financial on this Sites.

IV. YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS

All Points Financial, through our Sites, affiliates sites, and/or through service provider may provide you with financial information about business and personal debt generally, as well as learn about various independent third-party service providers, such as financial institutions, credit card providers, debt management or debt settlement companies, and other financial service professionals (“Service Providers”). You understand and acknowledge that All Points Financial may be compensated by Service Providers for referrals made through the Sites. All Points Financial does not guarantee the accuracy or completeness of any of the information provided on the Sites or with regards to the Service Providers and are not responsible for any loss resulting from your reliance on such information. All Points Financial is not responsible for fulfillment of services, and any service agreement must be executed directly with the service provider.

You agree that you are to examine the information provided and conduct your own research of whether the Service Providers marketed on this Sites fit your financial situation. We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you and you must not rely on the information on this Site or of our telephonic agents, and must conduct your own research and analysis of the offered services. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers you are considering to engage with. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide you, and that All Points Financial is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of any Service Provider’s products or services. We urge you to obtain the advice of qualified professionals (such as tax advisor, accountant, lawyer, etc.) who are fully aware of your individual circumstances before you make any financial decisions. By interacting with any Service Providers, you acknowledge and agree that you solely rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.

V. NO GUARANTEE OF QUOTES, FEES, TERMS, RATES, COVERAGE OR SERVICES

We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers to whom you may be referred to from our Sites. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available in the marketplace. You may be able to find better fitting offers elsewhere.

VI. USE OF COMMUNICATION SERVICES

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). In the event such Communication Services exist, You agree to use the Communication Services only to post, send, and receive messages and material that are related to the contents of this Sites, the education materials in this Sites, or the services promoted or marketed by this Sites. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not under any circumstances:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you reasonably should know or reasonably believe, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate the Terms under this Agreement and/or the terms of this Site’s Privacy Policy.
Violate any applicable laws or regulations.

All Points Financial has no obligation to monitor the Communication Services. However, All Points Financial reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. All Points Financial reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. All Points Financial reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or refuse to post or to remove any information or materials, in whole or in part, is All Points Financials sole discretion.

You are advised to always use caution when giving out any personally identifying information (“PII”) about yourself, your spouse, your children, your household, or your business generally in any Communication Service even if offered on this Sites. All Points Financial does not control or endorse the content, messages or information found in any Communication Service and, therefore, All Points Financial specifically disclaims all warranties and liability associated with, or in regard to, the Communication Services, including but not limited to any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized All Points Financial spokespersons, and their views do not necessarily reflect those of All Points Financial. Materials uploaded to a Communication Service may be subject to size posting limitations, limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

VII. MATERIALS PROVIDED TO ALL POINTS FINANCIAL OR POSTED AT ANY ALL POINTS FINANCIAL’S SITE

All Points Financial does not claim ownership of the materials you provide to All Points Financial (including feedback and suggestions) or post, upload, input or submit to any All Points Financial Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, submitting, or providing your Submission you are granting All Points Financial, its affiliated companies and necessary affiliate of All Points Financial a non-exclusive, royalty free, perpetual license to use your Submission and/or its contents in connection with the operation of the Sites or business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. All Points Financial is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at All Points Financials sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

VIII. ELECTRONIC COMMUNICATIONS USE

All website interactions and phone calls are recorded for marketing, compliance and quality assurance purposes.

Telephone Consumer Protection Act Compliance

All Points Financial takes the Telephone Consumer Protection Act (“TCPA”) compliance with outmost seriousness. Therefore, any TCPA procedures are pursuant to a strict TCPA compliance policy of Company. This provision outlines our general consent requirements and acknowledgements which you will be subject to in the event you submit a TCPA consent form or contact form seeking a communication from us. By providing us with your name, email, phone number on the submission form containing the TCPA disclosure, and signing using your E-Sign signature, you expressly authorize All Points Financial, our third party partners and/or service providers in the link herein, to contact you (including using autodialers, click-to-call links, automated text and artificial or pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service (“SMS”) or wireless internet (“WAP Service”)), AIbots, AI chat agents, or via email, even if your telephone number is currently listed on any state or federal Do Not Call list. In the event that you have previously requested to be on the Company’s Do Not Call List, you understand that even if you submit a request to be called again, the Company policy is not to contact anyone who requested to be on the Company’s Do Not Call List. You understand that standard phone and data charges may apply. Your TCPA consent is not required, and you are not required to complete a TCPA Consent form as a condition of receiving our services. You also consent to the recording and monitoring of all calls to and from us. You represent you are the owner or authorized user of the mobile device, and the phone number associated with that mobile device to which we will be making phone calls and on which messages will be received, and that you are authorized to approve all applicable charges associated with the receipt of message from us. You may ask for guidance by responding “HELP” to any text messages sent by All Points Financial. You may opt out of receiving calls and/or messages to your telephone or mobile device at any time by any and all reasonable methods, including responding to a text message with any of the following words “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe,” or notifying us at [email protected] our interactive or automated voice or key press revocation method if on the call with us, and you may opt out of receiving emails by clicking the “Opt-out” link on the bottom of the email. You acknowledge and agree that only United States residents may use the SMS or WAP Service to communicate with us.

Data Security of SMS and WAP Service Communications

SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. All Points Financial does not guarantee that your use of the SMS or WAP Services will be private or secure, and All Points Financial will not be liable to you under any circumstance for any lack of privacy or security breach caused to you or that you may experience while sending or receiving SMS or WAP Services using your mobile device. You are fully responsible for taking all precautions and ensuring security measures are taken by you when using the SMS or WAP Service. You acknowledge and agree All Points Financial may obtain from your carrier’s wireless account information regarding the device you are using with your carrier for the purpose of identifying and resolving technical problems and enhancing your service experience with our Sites. Please review our Privacy Policy for additional information governing privacy of your personal information.

IX. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES, OLD INFORMATION, OR TYPOGRAPHICAL ERRORS, AND IN NO WAY SHOULD BE INTERPRETED AS ERROR FREE. ALL POINTS FINANCIAL MAKES PERIODICAL CHANGES TO THE INFORMATION AND MATERIALS PROVIDED ON THE SITES, AND MAY UPDATE OR CORRECT ANY INACCURACIES, OLD INFORMATION, OR OTHER TYPOGRAPHICAL ERRORS ON THE WEBSITE. IN ADDITION, ALL POINTS FINANCIAL AND/OR ITS SITES ADMINISTRATOR MAY MAKE IMPROVEMENTS AND/OR CHANGES TO SITES AT ANY TIME.

ALL POINTS FINANCIAL AND/OR ITS SITES ADMINISTRATOR MAKE NO REPRESENTATIONS ABOUT AND DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE (WHETHER ITS OWN OR LICENSED FROM THIRD PARTIES), DEBT ADVISOR PRODUCT, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE (WHETHER ITS OWN OR LICENSED FROM THIRD PARTIES), DEBT ADVISOR PRODUCT (IF APPLICABLE), PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FURTHERMORE, ALL OPINIONS, GENERAL ADVICE, STATEMENTS OR OTHER COMMENTS ON THE SITES MAY BE THAT OF THE WRITER AND ARE NOT ASSUMED OR ADOPTED BY ALL POINTS FINANCIAL, AND SHOULD NOT NECESSARILY BE RELIED UPON BY YOU. ALL OPINIONS OF OUR PHONE REPRESENTATIVES MAY NOT BE RELIED ON AS LEGAL ADVICE, AND YOU UNDERSTAND THAT YOU MUST SEEK PROFESSIONAL EXAMINATION OF YOUR SITUATION ON YOUR OWN. YOU UNDERSTAND AND AGREE THAT ALL OPINIONS, GENERAL ADVICE, STATEMENTS OR COMMENTS ARE NOT TO BE CONSTRUED AS PROFESSIONAL ADVICE FROM ALL POINTS FINANCIAL, ITS EMPLOYEES, OR ITS ALL POINTS FINANCIAL AND SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD MAKE YOUR OWN INDEPENDENT RESEARCH AND ANALYSIS REGARDING THE OPINIONS, STATEMENTS, INFORMATION, AND GENERAL ADVICE RECEIVED VIA THE SITES, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ALL POINTS FINANCIAL MAY PROVIDE YOU WITH VARIOUS TOOLS AND SOFTWARE THROUGHOUT THE SITES TO ASSIST YOU IN VARIOUS TASKS OR ALLOW YOU TO SUBMIT AND EXAMINE YOUR ELIGIBILITY FOR VARIOUS SERVICES PROVIDED BY THIRD PARTY PROVIDERS. SOME TOOLS AND SOFTWARE MAY REQUIRE YOU TO PROVIDE CERTAIN PERSONAL INFORMATION AND/OR WILL BE DEPENDENT ON INFORMATION INPUTED BY YOU IN ORDER TO PROVIDE YOU WITH ACCURATE RESULTS BASED ON AUTOMATED DECISIONS. YOU UNDERSTAND AND AGREE THAT NEITHER ALL POINTS FINANCIAL NOR ITS TECHNOLOGY AND SERVICE PARTNERS ARE RESPONSIBLE OR LIABLE FOR THE AUTOMATED DECISIONING SYSTEM’S RESULTS WHICH WILL DEPEND ON YOUR INFORMATION INPUT, AND ANY INACCURACY (WHETHER ON PURPOSE OR NOT) MAY EFFECT THE ACCURACY OF THE RESULTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALL POINTS FINANCIAL AND/OR ITS ALL POINTS FINANCIAL, OFFICERS, EMPLOYEES, MEMBERS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OR PERFORMANCE OF THE ALL POINTS FINANCIAL SITES; WITH THE DELAY OR INABILITY TO USE THE ALL POINTS FINANCIAL SITES OR RELATED OR OFFERED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES BY ALL POINTS FINANCIAL OR ANY THIRD-PARTY WHICH MAY MARKET ITS SERVICES ON ALL POINTS FINANCIAL; OR ARISING OUT OF OR RELATING TO ANY INFORMATION, SOFTWARE (WHETHER OWNED BY ALL POINTS FINANCIAL OR LICENSED TO ALL POINTS FINANCIAL BY A THIRD PARTY), DEBT ADVISOR PRODUCT, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ALL POINTS FINANCIAL SITES; OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF THE ALL POINTS FINANCIAL SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALL POINTS FINANCIAL OR ANY OF ITS SUPPLIERS, PARTNERS, THIRD PARTY VENDORS, OR TECHNOLOGY PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF A CLAIM, DISPUTE, DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU LIVE IN A STATE/JURISDICTION THAT EXPRESSLY PROHIBITS THE USE OF LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALL POINTS FINANCIAL SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ALL POINTS FINANCIAL SITES.

X. TERMINATION/ACCESS RESTRICTION

All Points Financial may establish areas on the Sites which may require obtaining access credentials. Should you obtain such access to restricted areas on the Sites, All Points Financial reserves the right, in its sole discretion, to terminate your access to the All Points Financial Sites and the related services or any portion thereof at any time, without notice.

In the event that you misuse our Sites, the tools and software on our Sites, or otherwise breach the terms of these Terms and Conditions or the Privacy Policy, you understand that All Points Financial reserves the right, in its sole discretion, terminate your access and/or use of the Sites, or any tool or software on the Sites.

XI. SITE NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 18

The Sites is not designed or directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personally Identifiable Information (PII) through the Sites. Information of minors that is considered PII under the Children Online Privacy Protection Act (COPPA) includes: (i) First and last name; (ii) Physical address that includes street and town or city name; (iii) E-mail address; (iv) Online identifier that permits an individual to be contacted directly (e.g. an IM name, video or audio chat username, or other form of screen name); (v) Telephone number; (vi) Social security number; (vii) Image, video or audio containing an individual’s image or voice; (viii) Information sufficient to identify the home or other physical address of an individual; (ix) A cookie number, IP address, unique device number or other persistent identifier that can be used to track and recognize an individual over time and across different websites or apps; and/or (x) Hobbies, interests, information collected through the use of cookies, and any other information collected from a child that is either about that child or the parents/guardians of that child that, when combined with any of the above, can be used to identify the child.

All Points Financial does not knowingly or willfully collect PII from minors under 18 years of age without parental consent. If you believe your minor child provided his information on our Sites in disregard of these Terms and Conditions, we request that you notify us in writing by contacting us via email at [email protected], and inform us immediately so we can take all reasonable measures to remove and delete any PII provided by your child through our Sites or the tools provided on our Sites. For more information regarding this policy please visit our Privacy Policy.

XII. COPYRIGHT AND TRADEMARK NOTICES:

All Points Financial, and the All Points Financial logo are trademarks, trade names or service marks of All Points Financial or its related companies. All other trademarks and service marks presented on the Sites are the property of their respective owners, and All Points Financial has obtained permission to use them in association with the educational information and referral services provided. You are not permitted to use any trademark or service mark displayed on this Sites without the prior written consent of All Points Financial or the owner of such trademark or service mark. You acknowledge and understand that you have no rights to any trademarks, service marks, copyrights. All Points Financial reserves all rights to its Intellectual Property on the Sites.

XIII. COPYRIGHT INFRINGEMENT POLICY:

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2)(“DMCA”), All Points Financial will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Sites has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Sites containing the following elements as set forth in the DMCA:

a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
identification of the Content you claim to be infringing and which you request be removed from the Sites or access to which is to be disabled along with a description of where the infringing Content is located;
information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

All Points Financials designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
VYSYZ LLC d/b/a All Points Financial
7971 Riviera Blvd, Unit 334
Miramar, FL 33023
Email: [email protected]

XIV. YOUR INDEMNIFICATION REQUIREMENTS

You agree to defend, indemnify and hold All Points Financial and its officers, directors, shareholders, employees, independent contractors, agents, representatives, technology partners and service providers, and affiliates harmless from any and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or related to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete, and current personally identifiable information (“PII”) in response to any request form on our Sites, through a tool or software on our Sites, or specifically on the Debt Advisor on our Sites; (iii) your access or use of Services through our Sites; (iv) access to our Sites or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); (vi) the Services you receive from any of the Service Providers to which you were referred by us; and/or (vii) any personal injury or property damage caused by you.

XV. GENERAL / MISCELLANEOUS TERMS

Governing Law, Jurisdiction, Venue; Waiver of Class Action and Jury Trial. This Agreement is governed by the laws of the State of Florida, without regards to any choice of law provisions or principles. Should you properly and timely opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of state or federal courts sitting in Broward County, Florida, in all disputes arising out of or relating to the use of the All Points Financials Sites. If you did not opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes. SHOULD YOU PROPERLY AND TIMELY OPT OUT OF ARBITRATION, YOU, NONETHELESS, UNDERSTAND THAT EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. FURTHER THE PARTIES HEREBY EXPRESSLY WAIVE THE RIGHT TO BRING ANY CONTRACTUAL, TORT, OR STATUTORY CLAIM, INCLUDING ANY TCPA, CROA, FCRA, OR ANY OTHER STATUTORY CLAIM, IN CLASS OR MASS ACTION, AND ANY CLAIM. INCLUDING TCPA CLAIM, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.
Relationship of the Parties. You agree that no joint venture, independent contractor, partnership, employment, or agency relationship exists between you and All Points Financial as a result of this Agreement or use of the All Points Financial Sites.
Applicability of Laws. All Points Financials performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of All Points Financials right to comply with governmental, court and law enforcement requests or requirements relating to your use of the All Points Financial Sites or any information provided to or gathered by All Points Financial with respect to such use. Use of the All Points Financial Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement. Unless otherwise specified herein, this Agreement, along with our Privacy Policy, any Notices and Disclosures on our Sites, which are incorporated herein by reference, together constitute the entire agreement between the You and All Points Financial with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and All Points Financial with respect to the All Points Financial Sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English despite having these terms in translated to other languages.
Amendments to this Agreement. We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

XVI. DISPUTE RESOLUTION BY BINDING ARBITRATION – IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.

In the event of any controversy between you and All Points Financial and/or any of its service providers to whom you are referred by All Points Financial or with whom you sign a service agreement, including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise (including but not limited to our technology providers, designated servicers, and any fulfillment provider working on your behalf) arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Sites Disclaimers, use of the All Points Financial Sites, the information on All Points Financials Sites, any referral services provided by All Points Financial, any All Points Financials TCPA consent form, or alleged TCPA violation by All Points Financial, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This agreement to arbitrate shall be governed exclusively by the Federal Arbitration Act (“FAA”), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without regards to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:

Arbitration Administration. The Arbitration shall be administered by the American Arbitration Association (“AAA”) (www.adr.org), the Judicial Arbitration Mediation Services (“JAMS”), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: All Points Financial, Attn: Legal Department, 7971 Riviera Blvd, Unit 334, Miramar, FL 33023
Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), with the exception of Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards (“JAMS Rules”), with the exception of Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
The Arbitrator. The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service’s code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Florida substantive law, and in case of a federal law based claim the applicable federal law at issue.
The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, entitlement of legal fees and arbitration costs (including arbitrator costs and any expert witness costs), and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator shall determine the amount of reasonable attorneys’ fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
Arbitration Opt-Out. YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING ALL POINTS FINANCIAL WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITES. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: Attn: Legal Department, All Points Financial, 7971 Riviera Blvd, Unit 334, Miramar, FL 33023, or by email delivered to [email protected]. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate which includes the date you first visited the Site.
What does arbitration mean? By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator’s decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.

XVII. Contact Us

Should you have questions regarding these terms or need additional information regarding our services, you may reach us via mail or email at:

All Points Financial

7971 Riviera Blvd, Unit 334
Miramar, FL 33023
Email: [email protected]

PLEASE PRINT AND MAINTAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORD. MAKE SURE TO PERIODICALLY CHECK OUR TERMS AND CONDITIONS FOR UPDATES.