Terms of Use

I. General

The following terms and conditions ("Terms of Use") govern your use of this World Wide Web Site, its domain and all subdomains (“website”). By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand these Terms of Use, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms of Use, you are not granted permission to use this website and must exit immediately.

This website has been prepared solely for the purpose of providing information about Johnson Mark LLC ("Johnson Mark"), and the products and services offered by the company and its operating subsidiaries and affiliates. Without limiting the generality of anything else, Johnson Mark makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and it shall not be responsible for any errors or omissions on the website. Johnson Mark reserves the right to add, modify or discontinue any aspect or feature of this website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.

All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to Johnson Mark or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Johnson Mark and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, and no ownership rights shall be transferred.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to, and use of the website and all charges related thereto.

II. Restrictions on Use

You shall use the website for lawful purposes only. You shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Johnson Mark’s express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Johnson Mark’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.

III. Disclaimer of Warranty: Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER JOHNSON MARK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT JOHNSON MARK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL JOHNSON MARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.

IV. Monitoring

Johnson Mark shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Johnson Mark shall have the right to remove any material that Johnson Mark in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

V. Indemnification

You agree to defend, indemnify and hold harmless Johnson Mark and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the website.

VI. Trademarks

The logos are trademarks of Johnson Mark. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

VII. Business Associates

The business associates or third-party vendors of Johnson Mark identified on this website, if any, are independent contractors of Johnson Mark. The business associates are not joint ventures or partners of Johnson Mark. No employee or representative of the business associates is under the control of Johnson Mark.

VIII. State Disclosures

THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF COLORADO:

The State of Colorado requires that we provide you with the following information:

A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt.

FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE HTTPS://COAG.GOV/OFFICE-SECTIONS/CONSUMER-PROTECTION/CONSUMER-CREDIT-UNIT/COLLECTION-AGENCY-REGULATION/

Colorado law prohibits credit bureaus from reporting medical debt or factoring medical debt into a credit score unless the consumer report is to be used in connection with a credit transaction that involves, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value for a one-unit property as determined by the federal housing finance authority.

Johnson Mark LLC’s Colorado address: 1776 S. Jackson Street, Suite 900, Denver, CO 80210. Telephone (720) 617-9200

THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF NEVADA:

Nevada Collection Agency License #: CAD11856

Nevada Compliance Manager License #: CM12869, NMLS ID 2630355

Nevada Compliance Manager License #: CM12039, NMLS ID 2337748

Nevada Compliance Manager License #: CM12488, NMLS ID 2337599

THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF UTAH:

As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

IX. Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Utah, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Utah, acknowledge that venue is proper in any state or Federal court in the State of Utah, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Utah, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Johnson Mark’s consumer portal website may incorporate links to other websites. Johnson Mark does not in any way endorse, nor is it responsible for, the content on those other websites.

X. Debit Card Payment Notice

If you make a payment using a payment card, such as a debit card, you have a right to dispute errors in your transaction. If you believe there is an error, contact us within 180 days by calling toll free (888) 599-6333. You can also contact us for a written explanation of your rights. For questions or complaints about Johnson Mark, contact the Consumer Financial Protection Bureau by phone at 855-411-2372, by TTY/TDD at 855-729-2372, or online at www.consumerfinance.gov.

XI. E-Sign Disclosure and Consent Notice

Your use of this website affirms your agreement with the contents of the following E-Sign Disclosure and Consent Notice.

This E-Sign Disclosure and Consent Notice ("Notice") applies to all communications, as defined below, with Johnson Mark. Under this Notice, communications you receive in electronic form from us on our websites will be considered "in writing."

By using Johnson Mark’s electronic services, email servers, online services, mobile applications and mobile websites ("Electronic Services") you consent to this Notice and affirm that you have access to the hardware and software requirements identified below. You must review and accept the terms of these services. If you choose not to consent to this Notice or withdraw your consent, you will be restricted from using Electronic Services.

XII. Covered Communications

The communications covered by this Agreement include, but are not limited to, disclosures and communications we provide to you regarding Electronic Services such as: (i) terms and conditions, privacy statement or notices and any changes thereto; (ii) pre-payment disclosures, transaction receipts, stipulations, and confirmations; and (iii) other communications (such as claims of errant communications) ("Communications").

XIII. Methods of Providing Communications

We may provide Communications to you by email or by making them accessible on Johnson Mark’s websites, mobile applications, or mobile websites (including via "hyperlinks" provided online and in e-mails). Communications will be provided online and viewable using browser software or PDF files.

XIV. Hardware and Software Requirements

To access and retain electronic Communications, you must have:

• A valid email address;
• A computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form;
• Sufficient storage space to save Communications (whether presented online, in e-mails or PDF) or the ability to print Communications;
• A browser with TLS 1.2 or higher supported and enabled.

We may request that you respond to an email to demonstrate you are able to receive these Communications.

XV. How to Withdraw Your Consent

You may withdraw your consent to receive Communications under this Notice by writing to us at "Attn: E-Sign Disclosure and Consent Notice, Johnson Mark LLC, 4548 South Atherton Drive, Suite 100, SALT LAKE CITY, UT, 84123". Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Electronic Services.

XVI. Requesting Paper Copies of Electronic Communications

You may request a paper copy of any Communications; we will mail you a copy via U.S. Mail. To request a paper copy, contact us by writing to "Attn: E-Sign Disclosure and Consent Notice, Johnson Mark LLC, 4548 South Atherton Drive, Suite 100, SALT LAKE CITY, UT, 84123". Please provide your current mailing address so we can process this request.

XVII. Updating your Contact Information

It is your responsibility to keep your primary email address current so that Johnson Mark can communicate with you electronically. You understand and agree that if Johnson Mark sends you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Johnson Mark will be deemed to have provided the Communication to you; however, we may deem your account inactive. You may not be able to transact using our Online Services until we receive a valid, working primary email address from you.

If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add Johnson Mark to your email address book so that you can receive Communications by e-mail.

You can update your primary email address or other information by writing to us at "Attn: E-Sign Disclosure and Consent Notice, Johnson Mark LLC, 4548 South Atherton Drive, Suite 100, SALT LAKE CITY, UT, 84123."

XVIII. Federal Law

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

XIX. Termination/Changes

We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of any such termination or change as required by law.