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Privacy Policy

Date Last Revised: May 21, 2020

At PointServ, our most important asset is our relationship with you. We will not, without your permission, sell, publish or share information you entrust to us that identifies you or any person.

This Privacy & Security Policy explains how we protect personal information provided through our website www.pointserv.com (the “Site”) and how we use that information in connection with our service offered through the Site (the “Service”). “Personal information” for purposes of this Policy means information that identifies you, such as your name, address, phone number, fax number or email address.

Privacy Highlights

What information do we collect?

• Personal information such as your name, shipping/billing address, e-mail, phone, and credit card number when you interact with us for sales, service, support, registration, and payment.
• Your username and password to allow access to our products and services.
• Customer data or customer company data which you store and use with us.
• Information about your system as it interacts with us such as your IP address and browser information.
• User feedback and other interactions at our sites.

What We Do With Your Information

• We use your information to operate our business and to help us improve your experience with our products.
• We will tell you about the products and services that are available to you.
• You have choices about how we use information that identifies you.
• We will provide you with open and clear explanations about how we use your information.
• We may publish or share combined information from many users, but only in a way that would not allow you or any person to be identified.
• We will train our employees about how to keep information safe and secure.

Security of your Information

• We use accepted best methods to protect your information. We review our security procedures carefully.
• We comply with applicable laws and security standards.
• Your sensitive information, such as credit card information, is sent securely.
• Our staff is trained and required to safeguard your information.
• We transmit, store, protect and access all cardholder information in compliance with the Payment Card Industry's Data Security Standards.

General Information

Registration. To use our services you are required to register. During the registration process we may ask for your name, address and phone number, and e-mail address. We use this information to communicate important or critical product information to you. We may also use this information to send you special offers. We may obtain additional information about you, such as address change information, from commercially available sources, in order to keep our records current.

Customer Service and Technical Support. During the Customer Service and Technical Support Process, we may request certain personal information including your name, address, phone numbers and e-mail address. We may use this information to resolve your issue and to follow up with you about your experience. If you contact us from within a product or service, we may also collect information to help us understand what page you are viewing. We may ask you to send us some information about your computer configuration.

Data Retention and Access. We will retain the information necessary to serve you and to maintain your account for as long as your account is active. If information you have provided to us changes you may correct or update it either through the service or through our customer support services. When you close your account, we may continue to communicate with you about important business updates that may affect you, and to let you know about products and services that may interest you. You may opt out of any marketing messages. We may also continue to use some of your information for business purposes to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and with PointServ’s records and information management policies to comply with our legal obligations, resolve disputes and enforce our agreements. Requests for information deletion should be sent to support@pointserv.com.

Phishing and Fraud. At PointServ, safeguarding your personal information is a top priority. Part of our commitment is making you aware of popular identity theft and fraud scams and providing you with information to protect yourself. Although sometimes difficult to identify, you may receive hoax e-mails, such as phishing scams, that look authentic and appear to have been sent by a company or government agency you recognize. These e-mails ask you to provide or confirm your sensitive personal information by clicking on links. To entice you, they often claim an urgent or threatening condition concerning your account, or offer you a prize or reward. You should not reply or click on any links in the e-mail or provide any personal information without verifying that the e-mail is legitimate through another channel. PointServ does not solicit sensitive customer information via e-mail. If you receive an e-mail message that appears to come from us that requests such information, please forward it immediately to: support@pointserv.com. We will make an effort to respond quickly to help lessen potential damage.

Tracking Technologies. PointServ may use tools to recognize your visit and track your interactions with our technologies. Sometimes this tracking is necessary in order for us to provide you the service you requested, for example, to know if you are using a secure session or if you have the right to access certain data. Other times, we combine this information with that of other users to improve your and other customers' experience. Cookies and clear (not visible) graphics on Web sites, and mobile phone identifiers, are some examples of tools that give us this information. You have control over some of the information we collect and how we use it. Information on changing your browser settings to opt out of cookies and other tracking technologies can be found in your browser help files. Our advertising may employ cookies to recognize that you use PointServ services so we can present you with a relevant ad. If you click on an ad, we will recognize that and measure which ads are more effective.

When we log activity on our web site, we may collect information such as the date and time, your IP address, browser type and version, and pages you view. Web logs also record the site which you came from and any links you click on to leave our sites. We do not track URLs that you type into your browser, nor do we track you across the Internet once you leave our sites. We use your Web site activity to assist you by reducing your need to re-enter your data and to help us resolve technical support issues. We may also use this information to offer you a personalized Web experience, including offers to help you and to tailor our offerings to you. We may use device-printing technology on your connected computer or mobile device to recognize the device to detect and prevent fraudulent activity.

We never share personally identifiable information we collect using tracking technologies with any other organization for its own use.

Your Information and Other Companies

PointServ’s Use of Other Companies. Sometimes PointServ may ask outside firms, or third parties, to help us provide services, such as designing a Web site, sending e-mails, registering a prospective domain name, or analyzing data. Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your personal information for purposes unrelated to the product or service they're providing. We require vendors to maintain the confidentiality of the information we provide to them. We may use these sources to supplement the information you give us. For example, we may validate your address using other sources. We use this data to help us maintain accuracy and provide you with better service.

Response to subpoenas and other legal requests. PointServ may disclose, access, or report personal information when we believe, in good faith, we're required to do so by law or to protect our legal rights. We may also do this in connection with an investigation into a suspected violation involving a Terms of Service, fraud, intellectual property infringement, or other activity that may be illegal or expose us to legal liability. For example, we may be required to disclose personal information to cooperate with regulators or law enforcement authorities or to comply with a court order, subpoena, search warrant, or law enforcement request.

Reporting to Credit Bureaus. We may report and share information about your account to credit bureaus, consumer reporting agencies and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share information with other companies, lawyers, credit bureaus, agents, government agencies and card associations in connection with issues related to fraud, credit or debt collection.

Telephone and Internet Service Providers. If you use technologies, such as the Internet or mobile phone, to interact with PointServ or our offerings, there may be third parties, like Internet Service Providers and mobile carriers, that have some access to the information you send through those technologies. PointServ has no control over the privacy practices of these third party organizations.

Jointly Offered Products and Services. We work with other companies or developers to offer you products and services. Sometimes PointServ may let you know about the service or another company may let you know about a PointServ service. It will be clear who is referring the service and who is providing the service. If you choose to accept these services, we may exchange customer usage information. This exchange of data is necessary to maintain business operations and to provide the ongoing service. By requesting or accepting these products or services, you are permitting us to provide your personal and usage information to the other company.

Sharing Non-Identifiable Aggregate Information. PointServ also may share non-identifiable, non-personal aggregate information about our users with third parties, such as advertisers or partners, for marketing and promotional purposes. For example, we may share demographic information that describes the percentage of our customers who use mobile services or who use a particular operating system.

Links to Other Sites. Our Web sites may provide links to third-party sites, such as those of our business partners and online advertisers. These could include other services, promotions or sweepstakes offered by business partners. Because PointServ does not control the information policies or practices of these third parties, you should review their privacy policies to learn more about how they collect and use personal information.

Sale of Our Business. If we sell, merge or transfer any part of our business, part of the sale may include your personal information. If so, you will be asked if you'd like to stop receiving promotional information following any change of control.

Children

We do not knowingly collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who, are at least 18 years old or older.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.pointserv.com

Changes to our Privacy Policy

If we decide to change our privacy policy, we shall post those changes on this page, and/or update the Privacy Policy modification date above. In the event of a material change to the manner in which we handle your personal information, we shall notify you by a notice on our Site of our new information practices.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Terms of Use

Last Updated: May 21, 2020

1. Introduction

• Your use of PointServ’s services, including the services PointServ makes available through this website at pointserv.com (the “Site”) and any other software or services offered by PointServ in connection with the Site (the “Services”) is governed by these terms of use (the “Terms”), so please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and “PointServ” refer to PointServ Technologies, LLC., the providers and operators of the Services.
• In order to use the Services, you must first agree to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
• You may not use the Site or Services, or accept these Terms, if (a) you are not of legal age to form a binding contract with PointServ; (b) you are prohibited by law from receiving or using the Services; or (c) you are not a U.S. resident.
• You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by PointServ or any of its affiliates regarding future functionality or features.
• PLEASE NOTE THAT YOUR USE OF THE SERVICES IS ALSO GOVERNED BY A SEPARATE SERVICE AGREEMENT (THE “SERVICE AGREEMENT”), EXECUTED BETWEEN YOU (OR YOUR ORGANIZATION) AND POINTSERV. THE TERMS OF SUCH SERVICE AGREEMENT ARE INCORPORATED BY REFERENCE INTO THESE TERMS. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND THE TERMS OF THE SERVICE AGREEMENT, THE TERMS OF THE SERVICE AGREEMENT SHALL CONTROL.
• BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

2. Description of Services

• The Services allow lenders, mortgage brokers, and similar parties to obtain loan-related documentation from their customers in a secure and certified manner via the Site.

3. Your Account

• In the course of registering for or using the Services, you may be required to provide PointServ with certain information, including your name, contact information, username and password (“Credentials”). PointServ handles such information with the utmost attention, care and security. Nonetheless, you, not PointServ, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify PointServ promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify PointServ of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify PointServ immediately.

4. Proprietary Rights

• You acknowledge and agree that PointServ (or PointServ’s licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

5. License from PointServ and Restrictions on Use

• PointServ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of allowing you to gather loan-related documentation from your customers in connection with a credit-related transaction, in the manner permitted by these Terms.
• You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by PointServ, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
• You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
• You may not access the Services in a manner intended to avoid incurring fees.
• You may not access the Services for the purpose of bringing an intellectual property infringement claim against PointServ or for the purpose of creating a product or service competitive with the Services.
• You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are of legal age to form a binding contract with PointServ, as the Services are not intended for use by minors.

6. Pricing Terms

• Pricing for the Services is subject to the terms of your separate Service Agreement with PointServ.

7. Privacy Policies

• These Services are provided in accordance with our Privacy Policy, which can be found at . You agree to the use of your personal information in accordance with these Terms and PointServ’s Privacy Policy.
• You agree to respect the privacy rights of your customers in connection with your use of the Services. If your customers provide you with personal information that will be made available to PointServ, you agree to make such customers aware that such information will be provided to PointServ.

8. Modification and Termination of Services

• PointServ is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which PointServ provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms and the Service Agreement, unless stated otherwise.
• You may delete your account or otherwise cease to use the Services at your discretion. However, doing so will not necessarily terminate your obligations under the Service Agreement. Your obligations under the Service Agreement may only be terminated pursuant to the terms of such Service Agreement.
• PointServ will not terminate your account or your access to the Services unless PointServ is permitted to do so pursuant to the terms of your Service Agreement. Notwithstanding the above, you agree that under certain circumstances termination of your access to the Services may be made without prior notice to you, and you agree that PointServ will not be liable to you for such lack of notice.
• Upon termination of the Service Agreement these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

9. Changes to the Terms

• These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the Site or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

10. DISCLAIMER OF WARRANTY

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
• POINTSERV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POINTSERV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
• NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT POINTSERV’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

11. LIMITATION OF LIABILITY

• SUBJECT TO SECTION 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT POINTSERV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
• THE LIMITATIONS ON POINTSERV’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT POINTSERV HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
• SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL POINTSERV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

12. Indemnification

• You agree to hold harmless and indemnify PointServ, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “PointServ and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, or (c) your violation of applicable laws, rules or regulations in connection with the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

13. Third-Party Content

• The Services may include references or hyperlinks to other web sites or content or resources or email content. PointServ has no control over any web sites or content which are provided by companies or persons other than PointServ.
• You acknowledge and agree that PointServ is not responsible for the availability of any such third party sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
• You acknowledge and agree that PointServ is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those third party sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

14. Third Party Software

• The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

15. Feedback

• You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PointServ under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

16. Miscellaneous

• These Terms, together with our Privacy Policy and your separate Service Agreement, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of PointServ to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by PointServ must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the county in which PointServ’s principal place of business is located, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

17. Contact Us

• If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@pointserv.com
• When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.