and any terms and conditions associated with Fortiva products. If you do not agree with this Agreement, you should stop using the Site immediately. "We", "our" or "us" refers to Atlanticus Services Corporation and its affiliates. We own and administer the Site for the benefit of The Bank of Missouri ("TBOM”), a federally insured Missouri bank, in connection with its Fortiva programs.
We may modify this Agreement from time to time. You agree to any changes to this Agreement by using the Site after changes to the Agreement have been posted.
Please read this Agreement carefully and print it for your records.
Products and Services on this Site
You understand and agree that TBOM is the creditor for all Fortiva products available through this Site. Any other products or services advertised on this Site are offered by and remain the sole responsibility of the respective product vendors or service providers ("Suppliers"). We, TBOM and Suppliers are not your agents.
This Site is a free service provided to you in connection with Fortiva programs. We may, from time to time, receive compensation from Suppliers for goods, facilities and services that we may provide to them under separate contract. Such goods, facilities or services may or may not relate in any way to your use of the Site. You agree to any such compensation arrangement whether or not related in any way to your use of the Site.
Use of this Site is void where prohibited. By using this Site, you represent and warrant that (i) all information you submit on this Site is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) you are 18 years of age or older (19 in Alabama and Nebraska). This Site does not knowingly collect personal information on anyone under the age of 13.
Site Use and Access
We grant you permission to use the Site as set forth in this Agreement. You are responsible for all of your activities related to your use of the Site. You agree not to use this Site for any unlawful or unauthorized purpose. You may not use or attempt to use the Site in any way that: (i) causes you or us to violate any law or regulation or to infringe on any right of any third party; (ii) inhibits use of the Site by other users or interferes with the operation of the Site; or (iii) misuses a function available on the Site. You may not use or attempt to use the Site to: (i) post, store, transmit, or offer illegal, offensive, threatening, pornographic or defamatory materials; (ii) post, store or transmit any viruses, worms, Trojan horses or other harmful or disruptive components; or (iii) harvest, collect or mine information about other users of the Site.
To access certain features of the Site, you may have to create an account. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You should notify us immediately of any unauthorized use of your online account. We and TBOM are not liable for losses caused by unauthorized use of your account.
Your access to and use of our Site, including an online account, may be interrupted from time to time for any reason, including, but not limited to, (i) the malfunction of equipment, (ii) periodic updating, (iii) maintenance or repair of the Site or (iv) any other action that we or TBOM elect to take. We or TBOM may limit, suspend or discontinue the availability of the Site, including an online account, at any time without prior notice.
Limitation of Liabilities and Warranties
To the extent permitted by applicable law, the Site is provided AS IS and neither we nor TBOM assume any responsibility for any failure in providing the Site to you. We and TBOM strive for the information on this Site to be accurate and complete but neither we nor TBOM make any representation or warranty regarding the accuracy or completeness of any information provided on or through the Site and shall not be responsible if errors occur. WE AND TBOM DISCLAIM ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATED IN ANY WAY TO THIS SITE, TO THE FULLEST EXTENT OF THE LAW. USE THIS SITE AT YOUR OWN RISK. NEITHER WE, TBOM, ANY SUPPLIER, NOR ANY COMPANY THAT SUPPORTS THIS SITE (INCLUDING EACH’S OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN ANY WAY ARISING OUT OF, OR CONNECTED TO, THE USE OF OR ANY INABILITY TO USE THIS SITE OR FOR ANY ERROR OR DELAY IN THE TRANSMISSION OF INFORMATION TO, FROM OR THROUGH THIS SITE.
As a condition of your use of this Site, you agree to defend, indemnify and hold us, TBOM and any company that provides services to support this Site (including their officers, members, directors, employees and agents), from and against any and all claims, damages, liabilities, losses, costs or expenses (including attorneys' fees) arising out of, relating to or resulting from (i) your use or attempted use of this Site, (ii) your violation of this Agreement and (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right. This provision will survive the termination of this Agreement and the termination of your use of the Site.
Governing Law and Other Terms
This Agreement is subject to and is to be construed in accordance with the laws of the State of Georgia, without regard to internal principles of conflicts of laws, and applicable Federal law of the United States of America. You consent to the exclusive jurisdiction of the federal and state courts located in the State of Georgia, for any and all disputes arising out of this Agreement. You may not use this Site in any jurisdiction that does not give effect to each and every provision of this Agreement. This Agreement constitutes the entire agreement between you and us and supersedes any and all prior or contemporaneous agreements, whether oral, written or electronic, between us. The headings used in this Agreement are for the convenience of reference only and are not intended to define or describe the scope or intent of any portion of this Agreement. In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason, then such provision should be deemed to be reformed to match as closely as possible the intent of the original provision and all other provisions of this Agreement shall remain in effect. Any bona fide printed or electronic version of this Agreement shall be admissible in any proceeding before a court, arbitrator or other authority.
Copyrights and Trademarks
All contents of this Site are Copyright © 2019 Atlanticus Services Corporation. All Rights Reserved. You acknowledge that the Site, including all content names, trademarks, text, graphics, logos, images, software used in connection with the Site and any product, service or information available through this Site (collectively, “Materials”) are the property of their respective owners and protected by applicable intellectual property and other laws. You are granted a limited, non-sublicensable right to access the Site and Materials for your personal non-commercial use only. Materials may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold or licensed or otherwise exploited for any purpose without the prior written consent of the respective owners. You agree not to modify, use, copy or distribute any Materials other than as expressly permitted in this Agreement or by the owner for any commercial purposes. You are not granted any licenses, express or implied, or any other rights in or to the Materials except as expressly authorized by these Terms.