Terms and Conditions
Welcome to the AndDone Website (the “Website”). Please review these Terms of Use. By accessing or using the Website, you agree to follow and to be legally bound by these Terms of Use.
1. Ownership and Use of Website Materials
The Website contains information, data, forms, logos, graphics, images, and other elements and materials (collectively, “Materials”) that are owned by and are the copyrighted works of AndDone or its third party providers. AndDone also owns a copyright in the selection and arrangement of the Materials. Except as stated below or as permitted by law, you may not use, copy, reproduce, modify, create derivative works from, distribute, republish, download, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of AndDone. Any unauthorized use of any Materials contained on this Website may violate copyright, trademark, privacy, publicity, or communications laws and regulations.
If you are a registered AndDone agent, you may copy, print and download Materials from the Website and transmit them to your clients, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) your use of such Materials is solely in connection with your business with AndDone; and (3) the Materials are not modified in any way.
2. Submissions
All comments, questions, feedback, information or other materials you submit to AndDone through or in connection with this Website (“Submissions”) shall be considered AndDone’s property. AndDone shall be free to use and/or disseminate such Submissions. You acknowledge that you, not AndDone, have full responsibility for the Submissions, including their accuracy, validity, reliability and appropriateness, originality and copyright. By submitting premium finance agreements, you acknowledge and represent that you have the authority, right and power to do so and that all information submitted by you is correct.
3. On-Line Conduct
You may not use the Website for any unlawful purpose. You may not use the Website to collect personal information about other Website users, or transmit through or post on the Website any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.
4. Links to Third Party Websites
This Website may contain links to Websites controlled by parties other than AndDone. AndDone does not endorse and is not responsible or liable for the contents or use of these third party Websites. AndDone is providing these links to you only as a convenience.
5. Termination of Access
AndDone may cease operating the Website or terminate your access to all or part of the Website, without notice, at any time, for any reason.
6. Disclaimers Respecting the Website
The website is provided “as is,” and the use of the website is at your sole risk. AndDone makes no representations or warranties of any kind, express or implied, as to the website, the operation of the website or the results that may be obtained from the use of the website, or that use of the website will be uninterrupted or error-free. AndDone hereby disclaims, to the fullest extent allowed by applicable law, all express or implied representations, warranties and guaranties, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.
AndDone does not represent or warrant that any financing, rate, loan status, service or other information accessible on or through this website is accurate, complete or current, and all information, including rates, is subject to change without prior notice and without updating the information on the website.
7. Limitation of Liability Respecting the Website
Neither AndDone nor any of its affiliates shall be liable for any damages of any kind arising from or in connection with the use of the website, the forms on the website, or other materials, including mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or delays in or the interception of transmissions. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect, punitive, special, incidental or consequential damages (including but not limited to damages for lost profits, loss or inaccuracy of data, or loss of revenue).
8. Indemnification by Website User
You agree to hold AndDone and its affiliates harmless from and indemnify them against any claims by you or third parties based on or related to your on-line actions or your use of the Website or the Materials, and all damages, costs and expenses relating thereto.
9. Changes to Website or Terms of Use
AndDone may make improvements or changes to the Website or to the services, programs, rates, and prices described on the Website at any time without notice. AndDone may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Website; any revision is effective upon you accessing the Website.
10. Payment Processing Services
AndDone provides payment processing services to registered AndDone agents through its relationships with state member banks and national banks. These payment processing services may include collecting payments from AndDone customers and the related use, storage, and transfer of AndDone customer information to effectuate these payments, update payment information, or verify the AndDone customer’s identity. These actions may include the processing of one or two transactions for nominal amounts and asking you to confirm those amounts. By utilizing these payment processing services, you authorize these nominal amount transactions, agree to comply with these terms, and authorize the use, storage, and transfer of your information to effectuate payments, update your payment information, and verify your identity. AndDone, or its affiliates, may in their sole discretion terminate, limit, or suspend your access to or use of the payment processing services. You will be responsible for any payments made by a person you authorize to use your AndDone account. You are responsible for all fees associated with the payment method you select. AndDone and its affiliates reserve the right to decline or limit any payment that (i) violates these terms; (ii) is unauthorized, fraudulent, or illegal; or (iii) exposes AndDone, its affiliates, or registered AndDone agents to other risks AndDone deems unacceptable. The payment processing services may contain links to third-party websites or resources that may be subject to different terms of service and privacy notices. You are responsible for reviewing these third-party terms of service and privacy notices.
AndDone understands and agrees to comply with the applicable Payment Card Industry Data Security Standard (“PCI DSS”) and any applicable amendments thereto. AndDone acknowledges their responsibilities for securing their customer’s cardholder data that it may possess, transmit, store, or process on its systems on behalf of its customers.
11. Confidentiality
AndDone will take reasonable measures to keep all loan and account information secure and confidential but AndDone makes no representation or guarantee as to the security or confidentiality of such information.
12. Use of Website Outside USA
AndDone makes no representation that the Website or the Materials are appropriate or available for use outside the USA. If you use this Website from locations outside the USA, you are responsible for compliance with USA and foreign laws and regulations and all applicable local laws. All marketing or promotional materials found on the Website are directed solely to individuals and entities located in the USA.
13. Rights and Remedies of AndDone
You agree that AndDone shall have all rights and remedies provided under these Terms of Use and under applicable law.
14. Governing Law; Choice of Forum
These Terms of Use, the use of the Website, and all transactions conducted through the Website or with AndDone will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Website and prevail over any prior, contemporaneous, conflicting, or additional communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use, or to the Website, or transactions or activity conducted on or relating to the Website will be the appropriate state or federal courts in Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue, and inconvenience of the forum.
15. Software Licenses
You acknowledge that any software which may be available or provided to you on the Website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. AndDone does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by such export controls laws and regulations.
16. Legal Contact Information
If you have any questions about these Terms of Use, please contact AndDone at support@anddone.com.