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Mariner Finance, LLC, its parent companies and their respective subsidiaries and affiliated companies, (collectively and alternatively, “Mariner Finance” or the “Mariner Finance family”), own, operate and/or control a global network of websites and web pages, including www.marinerfinance.com (collectively the “Sites”).  Social media channels, such as Mariner Finance’s Facebook, Twitter, LinkedIn and other similar pages (collectively, “Social Media Channels”), profiles and accounts and such other features or functionality as Mariner Finance may participate in with respect to its use of existing and future digital and other interactive media opportunities, are included within the term “Sites.”  These Sites are provided to visitors and users of the Sites (collectively, “you” or “your”) only if you agree to these Terms of Use unconditionally and without modification.  Your use of any of the Sites constitutes your acceptance and agreement to all these terms and conditions.  Additional terms and conditions may apply if you apply for financing online, to purchases of goods or services and to specific portions or features of the Sites (such as sweepstakes or public forums), all of which are incorporated into these Terms of Use.  You will be bound by such additional terms should you use the specific features or portions of the particular Sites.  If such additional terms conflict with these Terms of Use, the additional terms shall apply.  PLEASE TAKE THE TIME TO READ ALL TERMS OF USE CAREFULLY BEFORE USING THE SITES. By accessing, registering on or otherwise using any of the Sites, you unconditionally agree to these Terms of Use whether or not you have read them.  If you do not agree to these Terms of Use, you may not access, view or use the Sites.

1. GENERALLY

You are free to browse the Sites to learn more about Mariner Finance and the Mariner Finance family of products and services.  The Sites and all material posted on the Sites or otherwise approved by Mariner Finance (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Sites and these Terms of Use.  You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use.  Any other use of Licensed Content without Mariner Finance’s prior written approval is strictly prohibited.

2. PRIVACY

Mariner Finance values its relationship with visitors and customers and uses commercially available technology to safeguard information collected through the Sites.  However, the internet is an open medium and no data transmission through the internet is completely secure.  Therefore, Mariner Finance does not guaranty or warranty the security of general information you provide.  For more information on how Mariner Finance uses information you provide through the Sites, please review Mariner Finance’s Privacy Statement and Privacy Notice.

3. USER CONDUCT; SOCIAL MEDIA CHANNELS/BLOGS/USER SUBMISSIONS

In general, Mariner Finance expects visitors to interact with Mariner Finance and other users of the Sites in a courteous manner and in compliance with all laws.  If you choose to “like,” “follow” or otherwise communicate with Mariner Finance through Social Media Channels, you agree to comply with all rules, guidelines, best practices, terms of service as may be established from time to time by Social Media Channel operators in addition to these Terms of Use as well as any additional rules, terms of use, community guidelines or conduct codes that Mariner Finance may establish in connection with your use of Mariner Finance’s Social Media Channels.  Please review the Community Guidelines and other terms of use before participating on our Facebook page.

Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication you transmit, upload or post to the Sites, generally and through Social Media Channels and other the public forums, or email to Mariner Finance (collectively, “Communications”) are non-confidential, nonproprietary and become the property of Mariner Finance.  Mariner Finance has no obligation to preserve the confidentiality of or refrain from disclosing any Communications.  You recognize and acknowledge that your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort.  Mariner Finance has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever without additional consent or approval from you.  Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.

You are solely responsible for your Communications and your activities on the Sites.  Although Mariner Finance will not, and has no obligation to, monitor your Communications, it has the right not to post or publish Licensed Content and/or your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort.  Under no circumstances is or will Mariner Finance or its affiliates be liable in any way for any Communications, your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites.

4. ACCESS BY CHILDREN

The Sites are intended for use by adults who are actual or potential purchasers of Mariner Finance products and services.  Sites are not directed at children.  Mariner Finance does not target or market to, and the Sites are not intended for use by, children under the age of 13.  Mariner Finance does not knowingly and will not intentionally contact or request personal information from children under the age of 13 for marketing purposes.  However, the Sites do not filter ads or other material children may view through the Sites or linked sites, some of which may be inappropriate for children.

5. INDEMNITY

To the extent permitted by law, you agree to indemnify, defend, release and hold Mariner Finance, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Sites, your Communications, your use of the Sites, your connection to the Sites, your violation of these Terms of Use, and/or your violation of anyone’s legal rights.

6. MODIFICATIONS TO THE SITES AND THESE TERMS OF USE

From time to time Mariner Finance may change the Licensed Content, the products and services offered, disable certain features of the Sites or expand the Sites’ capability.  Mariner Finance also reserves the right at any time and from time to time to modify these Terms of Use, the Sites, their functionality and capabilities and/or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice.  You will be bound by the modifications if you use the Sites after a modification has been made.  You agree that Mariner Finance shall not be liable to you or to any third party in any way as a result of any such modification.

7. TERMINATION

Mariner Finance, in its sole discretion and without liability, may suspend or terminate your access or use of the sites for any reason, but especially if Mariner Finance believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.  Mariner Finance also may, in its sole discretion at any time discontinue providing the Sites, or any part thereof, with or without notice.  Mariner Finance may suspend, terminate and/or bar further access to the Sites at any time without prior notice to you.  Mariner Finance shall not be liable to you or any third party for any suspension or termination of any access to or use of the Sites.

8. LINKS

The Sites may contain links to other internet websites or resources.  When you link to those sites, you leave the Sites.  Mariner Finance has no control over third-party sites, their content and resources or the business practices or policies of operators of such sites. Mariner Finance’s privacy terms do not apply to the practices of any companies or individuals operating the linked sites.  Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices.  Mariner Finance cannot control, nor is it responsible, for any such third party collection or use of your personal information.  Mariner Finance expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources.  The inclusion of any link on the Sites does not imply that Mariner Finance endorses the third-party site accessible through such link.  Your use of any links is at your own risk.  You further acknowledge and agree that Mariner Finance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

9. MARINER FINANCE’S PROPRIETARY RIGHTS

Everything you see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without Mariner Finance’s express written permission.  The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Sites, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Sites (all of which are included in and as the “Licensed Content”), is owned by Mariner Finance, LLC and/or its subsidiaries, affiliates or other designee, its suppliers or partners, is used under license granted to Mariner Finance and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws.  All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another, including the words “Mariner Finance” and the Mariner Finance compass, and all stylized and/or graphical depictions of all of the foregoing and all logos and slogans, individually and/or as may be combined with one another, (collectively the “Marks”) and whether or not registered, are owned by and are proprietary to Mariner Finance or other designees, or other third party owners who have granted Mariner Finance the right and license to use its marks (“Third Party Marks”).  You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner.  This includes use of the Sites addresses or Marks in page text, as key words, meta tags or any other “hidden text.”  Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of Mariner Finance or other designees and may not be used in connection with any other product or service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits the owner, Mariner Finance or its affiliated companies.  Mariner Finance may use any such material in any manner for any reason without your consent, fee or obligation to account to you in any way, and, unless you and Mariner Finance agree otherwise in writing, Mariner Finance is and shall be the sole and exclusive owner.

10. NOTICES AND PROCEDURES 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 Mariner Finance.

Mariner Finance respects the intellectual property of others, and asks its users and visitors to do the same. Mariner Finance will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, Mariner Finance will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable Mariner Finance to locate the material on the Sites;
  4. your name, address, telephone number, email address and all other information reasonably sufficient to enable Mariner Finance to contact you;
  5. a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of copyright infringement should be directed to:

By Mail
Mariner Finance, LLC
8211 Town Center Dr
Baltimore, MD 21236
Attn: Webmaster

By Email
marketing@marinerfinance.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MARINER FINANCE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRIVACY OR PRODUCT-RELATED QUESTIONS AND REQUESTS WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

MARINER FINANCE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK.  THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MARINER FINANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.

(B) ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

(C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARINER FINANCE OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF MARINER FINANCE PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARINER FINANCE SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARINER FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, MARINER FINANCE’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. NOTICE

Notices specific to you may be made to the last email or postal address you have given to Mariner Finance. Mariner Finance may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Sites.  Notice or other correspondence to Mariner Finance should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to:
Mariner Finance, LLC
8211 Town Center Dr
Baltimore, MD 21236
Attn: Webmaster

13. GENERAL INFORMATION

Mariner Finance administers and operates the Sites from its location in Baltimore, Maryland USA.  Other Sites may be administered and operated from various locations outside the United States.  Although Sites may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on any of the Sites are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction.  Mariner Finance reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion.  Any offer for any feature, product or service made on any of the Sites is void where prohibited.  These Terms of Use constitute the entire agreement between you and Mariner Finance with regard to your use of the Sites.  Your activities and use of the Sites supersede any prior agreements between you and Mariner Finance with regard to your use of the Sites.  You also may be subject to additional terms and conditions contained in any loan documents, invoices, terms and conditions of purchase/sale, or terms and contracts that may apply when you use affiliate services, third party content or third party software.  These Terms of Use, your use of the Sites shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and Mariner Finance agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the State of Maryland, regardless of the fact that the Sites are accessible outside the United States.  Notwithstanding the foregoing, Mariner Finance may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights.  The failure of Mariner Finance to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action against Mariner Finance within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

14. VIOLATIONS

If you learn of, or have information indicating that anyone has violated or is violating these Terms of Use, please report the violation to Mariner Finance by clicking here.

 

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