StipTrax

Terms Of Use

YOUR USE OF THIS APPLICATION AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS APPLICATION ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO PAGES BEYOND THE APPLICATION 'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE APPLICATION OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY Email, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS APPLICATION.

Application Ownership

This application is owned and operated by StipTrax, LLC, 4312 S Bay Cir, North Fort Myers, FL 33093, which is referred to below as "StipTrax, LLC" or "we" or "us" or "Company" or "our."

Permitted Use

You agree that:

your use of this application is subject to and governed by these Terms of Use,
you will only access or use this application and transact business with us if you are at least 18 years old,
you will comply with and be bound by these Terms of Use as they appear on this application each time you access and use this application,
each use of this application by you indicates and confirms your assent to an agreement to be bound by these Terms of Use, and
these Terms of Use are a legally binding agreement between you and StipTrax, LLC that will be enforceable against you

You agree that you will not use or attempt to use this application for any purpose other than conducting business with StipTrax, LLC and it’s licensed affiliates as a bona fide client of StipTrax, LLC; you may not use or attempt to use this application or any part of this application for any purpose:

that interferes with or induces a breach of the contractual relationships between StipTrax, LLC and its employees,
that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications,
that transmits any harmful or disabling computer codes or viruses,
that harvests Email addresses from this application,
that transmits unsolicited Email to this application,
that interferes with our network services;
that attempts to gain unauthorized access to our network services,
that suggests an express or implied affiliation with StipTrax, LLC (without the express written permission of StipTrax, LLC),
that impairs or limits our ability to operate this application or any other person's ability to access and use this application, and/or
that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
that dilutes or depreciates the name and reputation of StipTrax, LLC or any of its affiliates;
that transmits or uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or
that unlawfully transmits or uploads any confidential, proprietary or trade secret information.

Access To This Application

StipTrax, LLC reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this application.

Use Of This Application

You agree and acknowledge that you have the sole responsibility and liability for your use of this application and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this application.

Intellectual Property Rights

The marks appearing on this application, including, but not limited to: logos, emblems, slogans and designs are trademarks and/or service marks of StipTrax, LLC.

All other marks used on this application are the property of their respective owners.

Application Content: You acknowledge and agree that:

all content, pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this application (collectively "Application Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
all rights associated with the Application Content are owned by StipTrax, LLC, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Application Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any page, or alter the appearance of any Application Content.

You may not use Application Content, domain names (in whole or in part), or Email addresses related to or derived from this application, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this application, for any purpose; meaning that you may not, among other prohibited uses, use any Application Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:

in or as any meta-tag or hidden text;
in or as part of any contextual marketing directory, index, or triggering term;
as content or advertising related to any other application including, but not limited to, comparative/informational applications; and/or
as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's application or controls the content of any other application.

Submissions: You acknowledge and agree that all submissions to StipTrax, LLC containing any comments, improvements, suggestions, and ideas regarding this application will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge StipTrax, LLC's unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials: You acknowledge and agree that all testimonials submitted to StipTrax, LLC will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to StipTrax, LLC the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that StipTrax, LLC may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictional name herewith.

Linking

Not Responsible for Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, StipTrax, LLC does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website, you acknowledge and agree that StipTrax, LLC will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. StipTrax, LLC does not permit third-party advertising on this website. Except with the written permission of StipTrax, LLC, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

Revisions And Modifications

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this application at the time you access this application. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this application are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of StipTrax, LLC.

Location

You understand and acknowledge that StipTrax, LLC controls and operates this application from within the United States of America. This application provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this application will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this application.

User IDs and Passwords

Certain areas or features of this application may be restricted to users who have obtained a user identification and password by completing a registration process described on this application. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this application. You agree to notify StipTrax, LLC immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this application by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this application that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

Privacy and Security

For information on how StipTrax, LLC uses and protects the personal information that you may provide through this application, please visit: https://www.stiptrax.com

Indemnification

If you make any unauthorized use of this application or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify StipTrax, LLC and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of StipTrax, LLC and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this application and/or your breach/violation of or failure to comply with the Terms of Use.

Disclaimers

THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STIPTRAX, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. STIPTRAX, LLC MAKES NO REPRESENTATION OR WARRANTY REGARDING THE APPLICATION CONTENT OR ITS USE THEREOF. THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. STIPTRAX, LLC HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION.

YOU ACKNOWLEDGE AND AGREE THAT STIPTRAX, LLC IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS APPLICATION OR ITS OPERATION. AS TO THE OPERATION OF THIS APPLICATION, STIPTRAX, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STIPTRAX, LLC MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS APPLICATION WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS APPLICATION WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT STIPTRAX, LLC, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS APPLICATION.

Limitation Of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL STIPTRAX, LLC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APPLICATION OR THE APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY APPLICATION CONTENT ON OR AVAILABLE THROUGH THIS APPLICATION. YOU AGREE THAT STIPTRAX, LLC SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL STIPTRAX, LLC'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS APPLICATION OR APPLICATION CONTENT THEREON.

Communications With Company

Email: For information regarding our Email policy, please visit: https://www.stiptrax.com

Contact Methods and Opt-Out

Agreement to calls and information sharing: If you submit to StipTrax, LLC through this application or otherwise you are making an inquiry as to programs and services offered by StipTrax, LLC. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our affiliates so that they may respond to your inquiry. You authorize StipTrax, LLC to share your information, either as provided by you or as corrected by us. You acknowledge that StipTrax, LLC is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service are determined by the affiliates and that StipTrax, LLC does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this application constitutes an offer for a loan commitment agreement. You agree that StipTrax, LLC shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.

By submitting your information, you are consenting to be contacted by one or more Affiliates, and any of our partners, by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the Affiliates and Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from an Affiliate or Partner, you agree to notify the Affiliate or Partner directly.

Application Of Additional Terms

You acknowledge that certain features of this application, as well other products and services of StipTrax, LLC, including those that may be available through this application, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

StipTrax, LLC partners with companies to allow you to import your information instead of uploading documents. You understand and agree that if you participate, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our partners so that they may provide us with your accounts and financial information needed for your application.

Agreement To Provide Accurate Information

In making an inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which StipTrax, LLC may rely.

Your Cooperation Needed

StipTrax, LLC generally begins processing your information upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information StipTrax, LLC may need from third parties such as your bank, employer, associates and relatives, etc. In addition, you agree to notify StipTrax, LLC of any changes in any information submitted in connection with your application.

Reasonable Efforts

While StipTrax, LLC will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some processes are not under our control. For instance, StipTrax, LLC cannot be responsible for delays in loan approval or closing due to: the untimely receipt of acceptable documents or information from you; the untimely receipt of required documentation; any other matters beyond StipTrax, LLC's reasonable control.

Governing Law

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You understand and agree to resolve through final and binding arbitration the following claims, disputes, or controversies arising between you and StipTrax, LLC, and its parents, affiliates, subsidiaries, or related companies: all claims, disputes, or controversies arising from the Telephone Consumer Protection Act of 1991 (“TCPA”), or state law claims similar to the TCPA. You will arbitrate TCPA claims between you and StipTrax, LLC at a location the arbitrator will determine in compliance with StipTrax, LLC’s Governing Law provision. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement, and proceedings. As the Governing Law provision indicates, the laws of the State of Michigan govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor StipTrax, LLC are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial for TCPA-related matters which, based on the above, will be arbitrated. You agree that any other action(s) at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Wayne County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Copyright Infringement

StipTrax, LLC is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the StipTrax, LLC sites infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on this application infringes a copyright, or any valid intellectual property right, please provide the following information to StipTrax, LLC’s DMCA Agent.

A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this application are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the application;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to StipTrax, LLC’s DMCA Agent, who can be reached as follows:

By Mail:
StipTrax, LLC.
Attn: Legal Team
4312 S Bay Cir, North Fort Myers, FL 33093

Your California Privacy Rights

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us:

StipTrax, LLC.
Attn: Legal Team
4312 S Bay Cir, North Fort Myers, FL 33093

Equal Opportunity Employer

The Company is an equal opportunity employer. Any complaints or concerns about the Company's employment practices may be directed to the Director of Human Resources at (678) 446-4714.