Terms of Service

Forgiveness Processing Terms of Service
Last update: April 3, 2016

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
YOUR USE OF OUR SERVICES IMPLIES THAT YOU HAVE READ
AND ACCEPTED THESE TERMS OF SERVICES.

CONTENTS

Introductions
Eligibility
Changes to the agreement
Your Use of the Site
Refer a Friend
License and Assignment
Copyrights and Trademarks
Technology Limitations and Modifications
Term and Termination
Disclaimer of Warranties
Limitation of Liability
Entire Agreement
Severability
Arbitration of Disputes, Choice of Law, Venue, Class Action Waiver and Limitation of Actions
Notice
Telephone, Email and SMS Disclosures
SMS Terms of Service

 

Introductions

Welcome to the ForgivenessProcessing.com website (“Forgiveness Processing,” “we”, “us”, “our”). By using the Forgiveness Processing services or the ForgivenessProcessing.com website (the “Site”, together, the “Service”), you are entering into a binding contract us. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy and Cookie Notice [www.ForgivenessProcessing.com/tos] (together, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.
We’re pleased to make our Service available to you. Learn more about the Service here [www.ForgivenessProcessing.com/tos].

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Eligibility

In order to use the Service, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any information that you submit to the Forgiveness Processing is true, accurate and complete, and you agree to keep it that way at all times.

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Changes to the Agreement

Occasionally we may, in our discretion, make changes to the Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Site. By continuing to use the Site after those changes are made, you are expressing and acknowledging your acceptance of the changes.

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Your Use of the Site

Registration Information
You will be asked to register at the Site to help us tailor the Service for your personal financial needs and to alert you to other products and services for you. In registering for the Service, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you may be created based on the information that you provide. This profile and any registration information you provide will be protected as described in our Privacy and Cookie Notice.

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Refer a Friend

You may refer your friends to our Site. You warrant and represent that you have the permission to share the e-mail addresses you provide to us. You will indemnify and hold Forgiveness Processing harmless for any damages or liability that may arise in connection with your providing us with the email addresses of third parties.

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License and Assignment

The Service and the content provided through it are the property of the Forgiveness Processing or its licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use the Service (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or the Forgiveness Processing.
Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of Forgiveness Processing or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement,Forgiveness Processing and its licensors expressly reserve all other rig hts and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it.

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Copyrights and Trademarks

All Forgiveness Processing trademarks, service marks, trade names, logos, domain names, and any other features of the Forgiveness Processing brand are the sole property of Forgiveness Processing. The License does not grant you any rights to use, copy, display, distribute, modify or reproduce the Forgiveness Processing trademarks, service marks, trade names, logos, domain names, or any other features of the Forgiveness Processing brand, whether for commercial or non-commercial use. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site without prior written commission.
All of the pages and screens on the Site are owned and controlled by Forgiveness Processing, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, images, graphics, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without Forgiveness Processing‘s prior written consent.

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Technology Limitations and Modifications

Forgiveness Processing will make reasonable efforts to keep the Forgiveness Processing operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Forgiveness Processing reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Forgiveness Processing, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Forgiveness Processing or any function or feature thereof. You understand and agree that Forgiveness Processing has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

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Term and Termination

These Terms will continue to apply to you until terminated by either you or Forgiveness Processing. Forgiveness Processing may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or the Forgiveness Processing terminate the Terms, or if Forgiveness Processing suspends your access to the Service, you agree that Forgiveness Processing shall have no liability or responsibility to you and Forgiveness Processing will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

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Disclaimer of Warranties

Forgiveness Processing, its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively, the “Forgiveness Processing Parties”) endeavors to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED “AS IS”AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. THE Forgiveness Processing PARTIES DO NOT GUARANTEE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT OR INFORMATION PROVIDED VIA THE SERVICE AND THE Forgiveness Processing PARTIES DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS. THE Forgiveness Processing DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. No advice or information whether oral or in writing obtained by you from Forgiveness Processing shall create any warranty on behalf of Forgiveness Processing in this regard. Some aspects of this section may not apply in some jurisdictions.

THE FORGIVENESS PROCESSING PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE FORGIVENESS PROCESSING PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION.

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Limitation of Liability

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to stop using the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FORGIVENESS PROCESSING PARTIES BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THEFORGIVENESS PROCESSING HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, MORE THAN THE AMOUNTS PAID BY YOU TOFORGIVENESS PROCESSING DURING THE PRIOR THREE MONTHS IN QUESTION.

Nothing in these Agreements removes or limits Forgiveness Processing Parties’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

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Entire Agreement

These Agreements constitute all the terms and conditions agreed upon between you and Forgiveness Processing and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Forgiveness Processing are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Forgiveness Processing that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Service may be governed by additional agreements. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.

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Severability

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

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Arbitration of Disputes, Choice of Law, Venue, Class Action Waiver and Limitation of Actions

In the event of any controversy, claim, or dispute between the parties, including but not limited to any disputes arising out of or relating to these Agreements and/or the obligations and services to be performed thereunder, including any claims based on contract, tort or otherwise, you and Forgiveness Processing agree to resolve any and all issues on an individual basis solely through final and binding confidential Arbitration, conducted before a single arbitrator, governed by the Streamlined Arbitration Rules and Procedures of the American Arbitration Association (“AAA”), which may be viewed at www.adr.org or by calling AAA customer service at (800) 778-7879.

You and Forgiveness Processing agree to commence any such arbitration proceedings within one year of any claimed breach of contract or the reasonable discovery of the facts related to the dispute, and that any proceeding commenced after one year shall be barred and subject to immediate dismissal by the arbitrator. Any disputes between the Parties regarding the arbitrability of this Agreement, including any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this Agreement and of this arbitration requirement, shall be governed by the Federal Arbitration Act and shall be resolved exclusively and solely by the arbitrator. All other issues shall be governed by the laws of the state of Kansas, notwithstanding any Conflict of Law provisions thereunder. The Arbitration hearing shall take in the county of your residence at the time the arbitration is initiated or, if agreed upon by you and Forgiveness Processing, in the County of Sedgwick, Kansas. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics.

Any award rendered by the Arbitrator shall be final and binding on all parties. Judgment on the award made by the Arbitrator may be entered by any competent court with jurisdiction to enforce the award. You and Forgiveness Processing further agree that either you or Forgiveness Processing 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 class action or 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.

The parties acknowledge that by proceeding in arbitration they are waiving the right to trial by jury, and that other rights that they would have if they went to court, such as discovery or the right to appeal the decision, may be more limited or may not exist. You and Forgiveness Processing agree to share the costs of the Arbitration equally, but each party shall pay for its own attorney’s fees and its own other costs associated with the arbitration, including any expert witness fees. However, 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 recover its costs of suit, including all reasonable attorneys’ fees, for having to compel Arbitration or defend or enforce the award. This section and the arbitration requirement shall survive the termination of this Agreement and the termination of your Forgiveness Processing account.

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Notice

You agree that Forgiveness Processing may submit any notices to you via either e-mail or regular mail. The service may also provide notices by displaying notices or links to notices to you generally on the Site, which notice you also agree Forgiveness Processing may submit to you via e-mail or regular mail.

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Telephone, Email and SMS Disclosures

You consent to and authorize us, any of our affiliates, or our marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. By providing your information you expressly request to receive information via telephone call, email and text/SMS message to any telephone numbers (including cellular or wireless numbers) you provide to us now or in the future. Please see below for SMS Terms of Service.

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SMS Terms of Service

By opting-in to Forgiveness Processing SMS Text Alerts, you agree to be bound by these SMS Terms of Service, as well as our Privacy Policy and Terms of Service. If you do not agree to these SMS Terms of Service, please do not use our SMS service. We reserve the right to modify these SMS Terms of Service at any time and will post such changes here. By continuing to use the service after Forgiveness Processingposts any such changes, you agree to be bound by the modified terms. If you do not agree to any change, you must immediately stop using the service following the instructions provided below. Please review the SMS Terms of Service regularly for updates and changes. Data obtained from you in connection with this service may include Personal Information. Please see our Privacy Policy regarding what information may be collected and how such information may be used by us.
Upon opting-in to our SMS service, you will receive updates and alerts regarding your account with Forgiveness Processing, until you opt-out.
You can expect approximately 4 messages per month.
To cancel this service, respond “STOP” to text. Upon receipt of your “STOP” message, we will send you a SMS message to confirm that you have been unsubscribed and will no longer receive any further SMS messages from Forgiveness Processing. If you decide to join the service again in the future, please follow the opt-in process.
For assistance or more information call Forgiveness Processing at 1-800-925-4798
Forgiveness Processing does not charge for this SMS service; however message and data rates may apply from your mobile carrier to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
Forgiveness Processing will not be liable for any delays in the receipt of any SMS messages. Our SMS service is provided on an “as is” basis, without warranties of any kind. You acknowledge and agree that SMS message content is transmitted unencrypted and that eavesdropping of wireless communication including SMS messages, by third parties is possible.

Any questions may be directed to:

Forgiveness Processing
PO Box 782111 Wichita, KS 67278

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