TERMS OF SERVICE

This web page document represents a legal document that serves as the Terms of Service for our Website and services offered through (collectively, “Website”), as provided to your company by Belmont Financial LLC (“Belmont”).  The last update to our Terms of Service was posted on December 6, 2018.   

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below.  This Terms of Service along with our Privacy Policy govern your access to our Website.  Our Terms of Service and Privacy Policy are collectively referred to as our “Legal Terms” and constitute the entire and only agreement between you and Belmont, and supersede all other agreements, representations, warranties and understandings with respect to your use of our Website.  We may amend our Terms of Service at any time without specific notice to you. The latest copies of our Terms of Service and Privacy Policy will be posted on our Website, and you should review them prior to using our Website. It is important for you to periodically review them to make sure you still agree to them.

 

By using our Website, you agree to fully comply with and be bound by our Legal Terms.  If you do not accept our Legal Terms, you should not access our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

 

Definitions

The terms “us” or “we” or “our” refers to Belmont, the owner of the Website. 

“Finance Documents” are all the legally required documents and disclosures that you must execute in order to obtain financing from Belmont.

A “User” is any individual that visits and uses our Website.  A User may also be a customer of Belmont who uses our financing services.

All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”.  When we refer to our Website, our Content is included by reference.

Our Website and Services

Belmont is a third-party financier of consumer product purchases.  We offer our customers financing and related services.  Through our Website, we offer information about Belmont as well as private, online applications to allow our customers to sign their Finance Documents and manage their account.  You understand that our Legal Terms govern the use of our Website only.  By executing Finance Documents, you are making a separate legal obligation to repay the money you borrow from us along with separate terms and conditions.  While our Legal Terms govern your use of our Website, the Finance Documents control as to obligation for repayment as well as any other requirements stated within the Finance Documents.

Digital Signatures

You understand that you can digitally sign your Finance Documents by using services found on our Website.  You understand that such signatures are governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and by using hereby waives any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records.

Limited License

Belmont grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms.  Your use of our Website is solely for the purposes as provided herein.   Our Website is intended only for use by customers who are at least 18 years of age and are located within North America.  You understand that we cannot offer our Website and related services outside North America.

Our Relationship to You

Belmont is strictly an independent contractor to you.  Your use of our Website in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Belmont.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website.  Belmont reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate.  We may report unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information, as allowed under our Privacy Policy.

Conduct

You agree not to use our Website to do any of the following:

  • Violate any local, state, federal, or international laws.
  • Infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Harm, threaten, or defame other people, including but not limited to, promoting violence, hateful, racially objectionable or illegal activities, as well as the harassment, libel, slander, or invasion of privacy of others.
  • Broadcast any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
  • Develop a competing Website or help anyone else to do the same.
  • Upload viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Website or hardware or telecommunications equipment, or to extract information from our Website.
  • Re-distribute our Website in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  • Deliver any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Use our Website in a manner, which in the sole judgment of Belmont, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Belmont, our customers and affiliates, or our Users to any harm or liability of any type.

Intellectual Property Rights

Belmont claims all intellectual property rights in our Website, including copyrights, trademarks, and patents.  Our Website may also contain intellectual property belonging to our affiliates and other companies, in the form of words, graphics, and logos.  Your use of our Website does not grant any right or license for you to use any such intellectual property rights, other than through our Website, without the prior written permission of the corresponding owner.  The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. 

Linking to Our Website

Belmont prohibits any linking to our Website due to its private nature.

Warranty Disclaimer

Belmont reserves the right to change all Content and features of our Website, at any time without notice.  Our Website may be temporarily unavailable from time to time for maintenance or other reasons.  Belmont is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, computer or mobile phone equipment, failure of email because of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware, related to or resulting from using, uploading, or downloading materials in connection with our Website.

OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  BELMONT, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE OR SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS.  BELMONT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. 

Use of Information

Belmont reserves the right, and you authorize us, to the use and assignment of all usage information regarding our Website in any manner consistent with our Privacy Policy.  All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) are considered our property.  To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant Belmont a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Website or elsewhere.  We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear on our Website or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Termination of Access to the Website

You acknowledge that if you violate the terms of our Legal Terms, Belmont reserves the right to terminate your access without notice.      

Indemnification

You agree to indemnify, defend and hold harmless Belmont and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website.

Arbitration

Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Website, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Website operations or intellectual property infringement, shall be settled solely by binding arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Milwaukee, Wisconsin, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  We may seek any interim or preliminary relief from a court of competent jurisdiction as necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall initially bear one-half of the arbitration fees and costs as well as its own attorney fees, but the prevailing party may seek return of their fees and costs, including reasonable attorney fees.

General Terms

Our Legal Terms shall be treated as though it were executed and performed under the laws of the State of Wisconsin, and shall be governed by and construed in accordance with such laws, without regard to conflict of law principles.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The rights of Belmont under our Legal Terms shall survive any termination of our Legal Terms.