Last Updated: December 2003
AGREEMENT BETWEEN YOU AND THE PROVIDENT LOAN SOCIETY OF NEW YORK
The PROVIDENT LOAN WEB SITE is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PROVIDENT LOAN WEB
SITE constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Provident Loan Web Site page included within the PROVIDENT LOAN WEB SITE may also be subject to additional terms outlined elsewhere.
Additionally, the PROVIDENT LOAN WEB SITE may themselves contain additional terms, codes of conduct or guidelines that govern use of those Site, including without limitation, particular features or offers (for example, sweepstakes or chat areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Provident Loan Web page, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
THE PROVIDENT LOAN SOCIETY of NEW YORK reserves the right to change the terms, conditions, and notices under which the PROVIDENT LOAN WEB SITE /Services are offered, including but not limited to the charges associated with the use of the PROVIDENT LOAN WEB SITE /Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular webSite. Your continued use of the PROVIDENT LOAN WEB SITE /Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the PROVIDENT LOAN WEB SITE /Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Provident Loan Site/Services. Without the advance express written permission of Provident Loan, you may not ‘meta-search’ the PROVIDENT LOAN WEB SITE /Services, send, or cause to be sent, any automated queries of any sort to the PROVIDENT LOAN WEB SITE /Services, or use the Provident Loan Site/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any Provident Loan Site/Services to determine how a Web Site “ranks” on any PROVIDENT LOAN WEB SITE /Services.
LINKS TO THIRD PARTY SITE(S)
Any dealings with third parties (including advertisers) included within the PROVIDENT LOAN WEB SITE /Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. THE PROVIDENT LOAN SOCIETY of NEW YORK shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PROVIDENT LOAN WEB SITE /Services, you will not use the PROVIDENT LOAN WEB SITE /Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PROVIDENT LOAN WEB SITE /Services in any manner that could damage, disable, overburden, or impair any PROVIDENT LOAN WEB SITE /Service(s) (or the network(s) connected to any PROVIDENT LOAN WEB SITE /Service(s)) or interfere with any other party’s use and enjoyment of any PROVIDENT LOAN WEB SITE /Service(s). You may not attempt to gain unauthorized access to any PROVIDENT LOAN WEB SITE /Service, other accounts, computer systems or networks connected to any PROVIDENT LOAN WEB SITE /Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PROVIDENT LOAN WEB SITE /Services.
USE OF SERVICES
The PROVIDENT LOAN WEB SITE /Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- 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, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through the PROVIDENT LOAN WEB SITE /Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Use of meta tag searches on the Web Site.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, 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.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an PROVIDENT LOAN WEB SITE /Service(s) or other user or usage information or any portion thereof.
THE PROVIDENT LOAN SOCIETY of NEW YORK has no obligation to monitor the Communication Services. However, THE PROVIDENT LOAN SOCIETY of NEW YORK reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. THE PROVIDENT LOAN SOCIETY of NEW YORK reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
THE PROVIDENT LOAN SOCIETY of NEW YORK reserves the right at all times to disclose any information as THE PROVIDENT LOAN SOCIETY of NEW YORK deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Provident Loan Society of New York‘s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. THE PROVIDENT LOAN SOCIETY of NEW YORK does not control or endorse the content, messages or information found in any Communication Service and, therefore, THE PROVIDENT LOAN SOCIETY of NEW YORK specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized THE PROVIDENT LOAN SOCIETY of NEW YORK spokespersons, and their views do not necessarily reflect those of The Provident Loan Society of New York.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO THE PROVIDENT LOAN SOCIETY of NEW YORK OR POSTED AT ANY PROVIDENT LOAN WEB SITE
THE PROVIDENT LOAN SOCIETY of NEW YORK does not claim ownership of the materials you provide to THE PROVIDENT LOAN SOCIETY of NEW YORK (including feedback and suggestions) or post, upload, input or submit to any Provident Loan Site/Service or its associated services for review by the general public, or by the members of any public or private group, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting The Provident Loan Society of New York, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all PROVIDENT LOAN WEB SITE /Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a PROVIDENT LOAN WEB SITE /Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. THE PROVIDENT LOAN SOCIETY of NEW YORK is under no obligation to post or use any Submission you may provide and THE PROVIDENT LOAN SOCIETY of NEW YORK may remove any Submission at any time in its sole discretion.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE PROVIDENT LOAN WEB SITE /SERVICES
All content and software (if any) that is made available to view and/or download in connection with the PROVIDENT LOAN WEB SITE /Services, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of the PROVIDENT LOAN SOCIETY of NEW YORK and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PROVIDENT LOAN SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PROVIDENT LOAN SITE/SERVICES AND TO THE INFORMATION THEREIN. THE PROVIDENT LOAN SOCIETY OF NEW YORK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PROVIDENT LOAN SITE/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE PROVIDENT LOAN SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE PROVIDENT LOAN SOCIETY OF NEW YORK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE PROVIDENT LOAN SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE PROVIDENT LOAN SOCIETY OF NEW YORK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE PROVIDENT LOAN SOCIETY OF NEW YORK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN PROVIDENT LOAN SITE/SERVICE. YOU SPECIFICALLY AGREE THAT THE PROVIDENT LOAN SOCIETY OF NEW YORK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE PROVIDENT LOAN SOCIETY OF NEW YORK IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN PROVIDENT LOAN SITE/SERVICE BY ANY THIRD PARTY.
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York City County, New York, U.S.A. in all disputes arising out of or relating to the use of the Provident Loan Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Provident Loan Society of New York as a result of this agreement or use of the PROVIDENT LOAN WEB SITE /Services. You agree to indemnify and hold The Provident Loan Society of New York, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Provident Loan Site/Services. THE PROVIDENT LOAN SOCIETY of NEW YORK reserves the right to disclose any personal information about you or your use of the Provident Loan Site/Services, including its contents, without your prior permission if THE PROVIDENT LOAN SOCIETY of NEW YORK has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of The Provident Loan Society of New York or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. The Provident Loan Society of New York‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Provident Loan Society of New York‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PROVIDENT LOAN WEB SITE /Services or information provided to or gathered by The Provident Loan Society of New York with respect to such use. 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and THE PROVIDENT LOAN SOCIETY of NEW YORK with respect to the PROVIDENT LOAN WEB SITE /Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and THE PROVIDENT LOAN SOCIETY of NEW YORK with respect to the Provident Loan Site/Services. 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.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the PROVIDENT LOAN WEB SITE are: Copyright (c) 1998 – 2003 THE PROVIDENT LOAN SOCIETY of NEW YORK and/or its suppliers, 346 Park Avenue South New York, NY 10010-1708 U.S.A. All rights reserved.
TRADEMARKS. THE PROVIDENT LOAN SOCIETY of NEW YORK and Sayne IT Solutions/Sayne Corporation, and/or other THE PROVIDENT LOAN SOCIETY of NEW YORK products and services referenced herein may also be either trademarks or registered trademarks of THE PROVIDENT LOAN SOCIETY of NEW YORK in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Accuracy of Information and Calculations
Information and calculations appearing on the Provident Loan Web site and that may appear in any e-mail, pager, cell phone or other alerts provided as part of the Provident Loan Web site is believed to be accurate, but neither THE PROVIDENT LOAN SOCIETY of NEW YORK nor its suppliers warrant or guarantee such accuracy. You should independently verify all relevant information and calculations prior to making any decisions based on such information. THE PROVIDENT LOAN SOCIETY of NEW YORK may change, update or correct all or any portion of the Provident Loan Web site and the information and calculations contained therein at any time without notice.
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. THE PROVIDENT LOAN SOCIETY of NEW YORK may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT THE PROVIDENT LOAN SOCIETY OF NEW YORK IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS “REQUIRED INFORMATION”), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM THE PROVIDENT LOAN SOCIETY OF NEW YORK, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. THE PROVIDENT LOAN SOCIETY OF NEW YORK WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR LOANS-BY-MAIL, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A THE PROVIDENT LOAN SOCIETY OF NEW YORK WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A THE PROVIDENT LOAN SOCIETY OF NEW YORK WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.