Website Terms & Conditions

SUPERIOR FINANCIAL SERVICES WEBSITE TERMS AND CONDITIONS OF USE THIS WEBSITE (www.yoursuperiorfinance.com) AND ITS AFFILIATED PAGES (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE BY SUPERIOR FINANCIAL SERVICES, INC. (“SUPERIOR”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”). IF YOU DO NOT AGREE TO THE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE. 1. Your Use as Assent This Site is the property of Superior. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site. As long as you comply with these Terms of Use, Superior grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 2. Modification and Your Continued Use as Assent to Modified Terms The products, services, information, materials, graphics, arrangement, design, text, sound and other items contained on the Site (collectively, the “Content”) and these Terms of Use are subject to change any time, without notice. Any dated information is published as of that date. Superior has no obligation or responsibility to update or amend any such information. Superior reserves the right to terminate any Content or the Site at any time, without prior notice. Superior reserves the right to modify any of the Content at any time, without notice. You agree to review the Content on the Site periodically to ensure that you are aware of any modifications. If you continue to use the Site after modifications are effective, you agree to the Content as modified. 3. Site Content Superior does not promise that the site or any content, document, or feature of the site will be error-free or uninterrupted, that any defects will be corrected, or that your use of the site will provide specific results. The material in this site could include technical inaccuracies or typographical errors. The site and its content are delivered on an “as-is” and “as-available” basis. The Site and all intellectual property pertaining to or contained in the Site is protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Site, as well as any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Superior. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Superior. 4. Use of the Site The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting the Site. You may view the Content contained on the Site and print pages from the Site only for informational, non-commercial purposes. Any unauthorized or illegal use of the Site or the Content is strictly prohibited. Superior does not knowingly collect personal information from any child under the age of eighteen (18) at this Site. You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated. Your use of the Site may be monitored, tracked and recorded. By using the Site, you expressly consent to such monitoring, tracking and recording. Your use of the Site is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Content or the Site for any commercial purpose. You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site. You agree that when using the Site you will not misrepresent your identity or impersonate any other person. You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use. You understand and agree that your use of the Site is at your own discretion and at your own risk. By using the Site you understand and agree that Superior disclaims any liability (whether based in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect, incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common law) damages that may arise out of your access or use of the Site or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment. If Superior provides you with a secure means of accessing a portion of the Site (such as a User ID and Password) you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify Superior of any unauthorized use of your log-in credentials or other breach of security known to you. 5. Digital Millennium Copyright Act Superior respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by notifying our agent by providing the following information: • A physical or electronic signature of a person 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 at a single on-line site are covered by a single notification, a representative list of such works at that site; • 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 the service provider to locate the material; • Information reasonably sufficient to permit the service provider 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 the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of the foregoing copyright issues should be sent as follows: By Mail: Superior Financial Services, 2108 W Market St, Johnson City, TN 37604 By E-Mail: roger.radford@yoursuperiorfinance.com By Facsimile: 423-854-0993 Superior will take appropriate action following receipt of the above information, including removal of any infringing material if necessary. 6. Site Security You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of this Site, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Site or Services) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. 7. Links to Other Sites Superior may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third-Party Site is not a recommendation or endorsement by Superior of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Site. Superior makes no warranties, either express or implied, concerning the content of any Third-Party Site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Superior does not warrant that any Third-Party Site is free from any claims of copyright, trademark or other infringement. Superior does not warrant that any Third-Party Site is free from any viruses or other contamination. You understand that Third Party Sites may have a privacy policy that is different from that of Superior and that Third-Party Sites may provide less security than this Site. The choice to access a Third-Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third-Party Site is yours, in your sole discretion. 8. Consent to Receive Direct Marketing Communications By using this Site, you agree to receive direct marketing communications from Superior via email. If you do not wish to receive marketing email communications from us, you may express your choice where indicated on the applicable email. 9. Potential for Disruptions in Service You understand and agree that from time to time the Site may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Superior and despite of commercially reasonable processes and procedures implemented by Superior to maintain the Site. You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance. 10. Disclaimer of Warranties Because of the possibility of human and mechanical error, as well as other factors, Superior and its affiliates are not responsible for any errors or omissions from the content made available on the site. You acknowledge that neither Superior, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the products, services or content on the site will be uninterrupted or error free. All content is provided “as is” to the user of the site, without express or implied warranties of any kind including the warranties of merchantability, non-infringement of intellectual property, fitness for any particular purpose or freedom from computer virus is given in conjunction with the content. 11. Limitation of Liability Except where prohibited by law, neither Superior, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Superior has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, Superior’s maximum liability for all claims arising out of or relating to this site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access this site. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. 12. Indemnification By using the Site, you agree to defend, indemnify, and hold harmless Superior from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Superior may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. Superior reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim. 13. Severability and Waiver In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable. Superior does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Superior. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision. 14. Law, Jurisdiction, Venue, One Year to File a Claim This Site is located in the State of Tennessee. These Terms of Use and the relationship between you and Superior shall be governed by the laws of the State of Tennessee without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in Greene County, Tennessee, and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred. 15. Termination Superior may terminate this Terms of Use or suspend or terminate your use of the Site without notice, at any time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their nature should survive termination shall service termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolutions provisions. 16. Entire Agreement with Regard to Your Use of the Site, No Third Party Beneficiaries These Terms of Use constitute the entire agreement between you and Superior with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Superior with respect to such use are hereby superseded and cancelled. This Agreement is between you and Superior. There are no third-party beneficiaries. Revised 5/7/2020 SUPERIOR FINANCIAL SERVICES ONLINE PRIVACY STATEMENT Our Promise Superior Financial Services, Inc. (“Superior,” “we,” “our,” and “us”) respects the privacy of our online customers and visitors to this web site (www.yoursuperiorfinance.com) and its affiliated pages (collectively, the “Site”). This Online Privacy Statement explains what information we collect when you visit or otherwise interact with the Site, how we use it, and when we may share it. This Online Privacy Statement only describes our website practices. It does not apply to how we generally collect or use other information we collect from or about you as a customer or applicant for a loan. For a copy of our privacy policy applicable to you when you apply for a loan please click on the Superior Financial Services Privacy Notice. In addition, our websites may link to third party services or apps that we don’t control, including social media sites (collectively “Third Party Sites”). You should be aware that Third Party Sites may have different privacy practices from our Site and may provide less security than this Site. The choice to access a Third-Party Site is yours, in your sole discretion. Please note that this Online Privacy Statement also applies regardless of how you may access the Site, including through a mobile device. How We Collect Information and What We Collect Generally We collect and receive certain information about you when you visit the Site. What we receive, and how we receive it, in part depends on what you do when you visit the Site. We Collect Personally-Identifiable Information When You Provide it to Us You can view information about our services on this Site without registering for an account. But, to access certain services, we may require you to register or create an account with us and collect the personally identifiable information you provide, including for example: first and last name, mailing address, e-mail address, telephone number, social security number, date of birth, bank account information, and other information required to provide our services (collectively “Personal Information” or “PI”). You can elect to provide all or only some of the PI requested by the website during the registration process. But, if you decline to provide certain PI, you may not be able to use all of our services. As part of our registration process, you will choose a username and password. The selected username and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your username and password and are fully responsible for all activities that occur thereunder. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. We Collect Non-Personally-Identifiable Information Automatically When You Visit the Site We may also automatically collect non personally-identifiable information (“NPI”) about you when you visit the Site. The Site and some emails that we may send to you may also use common tracking tools like: • Cookies: A cookie is a small text file that is placed on your computer to distinguish you from other visitors to the Site. Superior does not use cookies to collect or store personally-identifiable information. • Web Beacons: A web beacon (also referred to as a “pixel tag”) is a small block of code that is placed on a Site page or within an email. Superior does not use web beacons to collect or store personally-identifiable information. Superior uses these features to collect non-personally-identifiable information about you. This type of information may include (but is not limited to) your Internet Protocol (IP) address and/or domain; the type and version of the Internet browser that you use; the date, time and duration of your visit to the Site, and the specific pages, buttons, images, videos or other Site content that you may access during your visit. These tools enable us to track and target the interests of our users to enhance the experience on and off our Site. Your browser may enable you to block or (in the case of cookies) delete some of the means by which we automatically collect information when you visit the Site. You should refer to your browser about what options might be available to you. We do not currently take actions to respond to “Do Not Track” signals from your browser because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created. Behavioral Advertising We or our advertising service providers may use information about your activities on the Site (such as the pages that you visit and the key words that you use to search for content) to help determine what advertisements or offers might be of interest to you. These advertisements may be on the Site or on Third Party Sites. The use of information in this manner is referred to as “online behavioral advertising.” We believe that online behavioral advertising helps to provide you with more relevant advertising based on the websites that you visit. You may opt-out of online behavioral advertising by following the instructions in the “Your Options” section of this Online Privacy Statement. Please note that opting out of online behavioral advertising will not stop you from receiving advertisements. However, the advertisements that you see may not be as relevant to you. Combining PI and NPI We may combine certain NPI with other identifiers to confirm your identity as part of the registration process for our Site. For example, we may combine an approximate geographic obtained from your mobile device and match it with address information you voluntarily submitted to our Site to confirm your identity and prevent fraudulent conduct. This information would still be considered NPI when it is taken alone or combined only with other non-identifying information (for example, the type of web browser you used). Aggregated customer information may help Superior assess the performance of its website and develop strategies to maximize utility. How We Use the Information We Collect Information that we collect about you and your web browsing behavior is used to optimize your online experience. Among other reasons, we may use the information that you provide or that we collect when you visit the Site to: • Verify your identity and/or remember your personal settings or preferences when using the Site; • Determine your interests and needs in order to recommend relevant products and services; • Qualify you for products and services that you request and to process your transactions; • Post advertising content on Third-Party Sites, along with web beacons and pixel tags to provide information to us and to third parties about pages you visit after seeing our ads or offers; • Analyze the quality and performance of our Site and marketing campaigns. How We Share the Information We Collect We may share the personally-identifiable information that you provide to us or that we receive from our business partners and/or service providers with our service providers. For example, we share your email address with service providers who send emails on our behalf. We may also share non-personally-identifiable information with third parties who perform advertising services on our behalf and with companies that operate or analyze the Site. We do not authorize these third parties to use or disclose this information except as necessary to perform services for us or to comply with law. These third parties may not use the information that we provide to them to independently market to you unless you consent. If you are also a customer of Superior the sharing of your personally-identifiable information will be governed by our customer privacy policy that may be accessed by clicking on the Superior Financial Services Privacy Notice. There may be other instances in which we may share either your personally-identifiable or non-personally-identifiable information with a third party. For example: • To respond to a subpoena, warrant, court order or other official governmental actions that are served upon us, and then in conformity with their terms or as we are otherwise permitted or required by law; • To respond to our regulators or other governmental authorities; • To protect or defend Superior or any of its affiliates or subsidiaries, or their directors, officers, employees, agents, partners, or independent contractors in any legal proceeding; • Where we suspect fraud or for other risk management purposes; • As required or permitted by law; or • As otherwise instructed or authorized by you. How Long We Keep the Information We Collect Superior will maintain the information that is necessary to provide the requested service and only for as long as it takes to provide any such requested service. Superior may still need to keep personal details of customers to ensure that systems reflect your preferences, even if a customer has chosen to opt out of allowing Superior to use that customer’s personal details for marketing purposes. Superior may keep records of any transactions a customer enters into on the Site for a minimum of six years from the end of Superior’s relationship with the customer. Superior may keep other information about a customer only to the extent necessary to comply with applicable laws and to further legitimate business needs. How We Dispose of the Information We Collect Your Options To stop receiving promotional emails, follow the instructions in any promotional message you receive from Superior. Even if you opt out of getting marketing messages, we may still send you transactional messages, including responses to your questions or information about your application or loan. Online Security Superior has developed and maintains security standards that are designed to protect information as it is transmitted from your computer to the network that hosts the Site. This technology is referred to as Secure Socket Layer (SSL), and it is the leading security protocol of data transfer on the Internet. However, you also have a significant role in maintaining the security of your information. For example, if you should ensure that you have up-to-date antiviral and anti-malware software installed on your computer. You should also understand that Superior will never send you electronic communications (whether they be email or requests made over the Internet) to request sensitive personal information. Similarly, you should never send us your sensitive personal information through a non-secure email channel. If you do communicate with us electronically you consent for us (or our service providers) to reply to you in that medium. You are also in control of the information that you share with Superior, either directly or indirectly. If you are uncomfortable with sharing your personally-identifiable information with us, the easiest option is not to do so. However, you understand that if you do not share such information with us we may be unable to assist you with certain transactions. Additionally, if you found information about Superior on a Third Party Site – such as a social media site like Facebook, LinkedIn, or Twitter – you understand that if you share information about you on such a Third Party Site that it will not be governed by this Online Privacy Statement and, depending on the Third Party Site, may be visible to all users of that Third Party Site. You should review the privacy policies and practices of Third Party Sites before providing information to them. Prohibited Actions As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any PI about any customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Superior network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability. Personal Information on Children The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18 you should not be visiting the Site. We do not knowingly collect or retain personal information from children under the age of 18. If you are under the age of 18 and are visiting or otherwise using the Site you are advised not to disclose or provide any personally-identifiable information on the Site. If You Access the Site From Outside the United States If you reside outside the United States you understand and agree that any information you provide to us on the Site will be transferred from the country of your residence or location at the time it was provided to the United States. If you do not want your personally-identifiable information to be transferred to the United States do not provide that information to us. By providing us with your information you consent to the transfer of your information to the United States. Updating your Account and Contact Information Keeping your account information accurate and up-to-date is very important. If your account information is incomplete, inaccurate, or not current, please update your information by contacting us at 423-787-0300. Changes to the Online Privacy Statement We may make changes to this Online Privacy Statement at any time and without notice to you. It is your responsibility to review this Online Privacy Statement from time to time to understand whether any changes have been made. If you use the Site following any update to this Online Privacy Statement it constitutes your acceptance of the modifications. This Online Privacy Statement Was Last Updated On: 5/7/2020