H$W is committed to maintaining the privacy and security of any and all information that you provide to H$W through the H$W website. To that end, H$W urges you to review the H$W Privacy Policy, which may be accessed by clicking on the following link: Privacy Policy.
Please note that privacy policies of HSW's affiliates or third parties may apply to information you provide on the HSW website. In addition, websites linked to the HSW website may have separate privacy policies.
LINKING TO OTHER SITES
We may provide links to third party websites, such as credit bureaus, trade associations, and other capital markets information sites, etc. If you choose to link to a third party website not controlled by H$W, we are not responsible for the privacy or security of these sites, including the nature of the content, accuracy, completeness, or reliability of their information. If you are asked to provide information on one of these Websites we strongly urge you to review their privacy policies before providing any of your personal information. H$W is not responsible for the privacy practices of third party sites.
USE AND LIMITATIONS OF THE H$W WEBSITE
Except where we specify otherwise, H$W offers you access to the H$W website solely for your personal and non-commercial uses. You promise that you will not use the HSW website, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the H$W website. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other similar activity. You agree that you will not use the H$W website in any manner that could damage, disable, overburden, or impair the H$W website or interfere with any other party's use and enjoyment of the H$W website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the H$W website. If and when requested by H$W, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of H$W, you agree that you will not access or attempt to access password protected, secure or non-public areas of the H$W website. You agree that H$W may in its sole discretion and at any time terminate your access to and use of the H$W website, or any part thereof, with or without notice. The H$W website contains content and information originated by H$W, affiliates of H$W or unaffiliated third parties. H$W makes available such content and information through the H$W website as a public service, for the sole purpose of aiding you, the individual consumer. H$W, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. This means, for example, that all of the information and materials contained in the H$W website including any terms and conditions necessary to close a purchase or to obtain other products or services are subject to change at any time. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final H$W determination and acceptance.
E-SIGNATURES AND COMMUNICATIONS
All electronic communications, including any electronic signatures or identifiers of H$W, are being transmitted solely for informational purposes. By making an electronic communication, H$W specifically does not intend to agree, bind, or otherwise consent to any matter for any purpose whatsoever, including loan approval, and does not intend that the electronic communication, or any related or associated electronic media or data, to constitute, or to be deemed to constitute, an electronic signature pursuant to any state or federal law or regulation that authorizes the use of electronic signatures.
TRADEMARKS, SERVICE MARKS AND COPYRIGHT
Copyright in the H$W website and in the information and material therein and in their arrangement, is owned by HSW unless otherwise indicated. H$W®, HSW Financial Recovery LLC® and the H$W logo are federally registered service marks of H$W Financial Recovery LLC. H$W also claims trademark and service mark rights in other marks contained in the H$W website. If you wish to inform H$W of any content that may indicate copyright infringement by any person or entity, pursuant to Title 17, United States Code, Section 512(c)(2), or trademark or service mark infringement pursuant to Title 15, United States Code, Sections 1114 and 1116, please forward your notification to:
General Counsel
H$W Financial Recovery, LLC.
811 Dallas St. Suite 800
Houston, TX USA 77002
DISCLAIMER
You expressly understand and agree that your use of and reliance upon any and all information, including, but not limited to, content provided by H$W, an H$W affiliate or a third party through the H$W website is at your sole risk. Such information is provided on an "as is" and "as available" basis. H$W makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. H$W expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. H$W shall have no liability to you or any other user of such information or to any third party for any loss, expense, or damage, including consequential, incidental, special, or punitive damages and including lost profits or lost revenue, caused directly or indirectly by the use or reliance upon such information. Any material downloaded or otherwise obtained through the use of the hswfinancial.com website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
MISCELLANEOUS
This Agreement is governed by the laws of the State of Texas. You agree and consent to the exclusive jurisdiction and venue of courts sitting in Texas, County of Harris in all disputes arising out of or relating to the use of the hswfinancial.com Website. Use of the hswfinancial.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and hswfinancial.com as a result of this Agreement or use of the hswfinancial.com Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and H$W with respect to the hswfinancial.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and H$W respect to the hswfinancial.com Website. Nothing contained on the H$W website shall be construed as a commitment to purchase debt. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
H$W STATE DISCLOSURE REQUIREMENTS
H$W is authorized to do business in a number jurisdictions or is otherwise not required to be authorized to do business or licensed in order to conduct business in that jurisdiction. Services and products of H$W and its affiliates are not available to persons in jurisdictions where the offer or sale of such products and services is not authorized or permitted by local law. Not all products or services described on this website are available in all geographic areas. Your eligibility for particular products and services is subject to final H$W determination. H$W may discontinue or make changes to the information, products or services described herein at any time. Dated information is published as of its date only, and H$W does not undertake any obligation or responsibility to update or change any such information. H$W reserves the right to terminate all Web offerings without prior notice.
H$W ONLY CONDUCTS BUSINESS IN STATES IN WHICH THE PROPER LICENSES ARE HELD. NO INFORMATION CONTAINED ON THIS WEBSITE SHALL CONSTITUTE AN OFFER TO SELL SECURITIES. ANY SUCH OFFER SHALL BE MADE IN STRICT COMPLIANCE WITH ANY AND ALL REQUIRED FEDERAL, STATE AND LOCAL SECURITIES LAWS AND REGULATIONS.
USA PATRIOT ACT
Section 326 of the USA PATRIOT ACT requires all financial institutions to obtain, verify and record information that identifies each person who opens and account or changes an existing account. This information is used to assist the United States government in the fight against the funding of terrorism and money-laundering activities.
CONTINUITY PLAN
H$W has a business continuity plan and is committed to preserving operational integrity for the benefit of our clients, partners, investors, vendors and suppliers in the event of emergencies or significant business interruptions. HSW's business continuity plan is intended to allow H$W to continue to meet critical business needs in the event of a disaster. H$W has evaluated numerous emergency situations and designed multiple solutions to meet disparate circumstances. While H$W is serious about its commitment to continuity we realize that regardless of our efforts certain unavoidable and unpredictable events can occur. Furthermore H$W acknowledges that the nature of terrorist attacks, disasters, Acts of God and other unforeseen events preclude absolute preparedness for any plan. Though the Plan is tested and reviewed, it is possible for circumstances to arise outside of defined procedures. Thus, the Plan is put forth on a best efforts basis and is not a guarantee and does not obligate H$W in any manner. Furthermore the continuity plan is subject to change without notice and recovery procedures are reviewed and amended with regard to changing environments.
OWNERSHIP
H$W is a privately held company and as such does not publish certain financial information for public dissemination except as where required by law.
EMPLOYEE STANDARDS
H$W is committed to hiring best-in-class management and staff. In that vein H$W conducts thorough background and reference checks on all employees to validate employee statements and suitability. H$W does not discriminate based upon race, creed, color, sexual preference, disability, religious preference or educational background.
SEVERANCE OF PROVISIONS
In the event that any provision of this Agreement is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provisions.
APPLICABLE LAW
Regardless of where you access this website, live or work, this Agreement, any information on this website and, except as otherwise expressly provided for in an account or loan agreement with us and except as otherwise prohibited by applicable law, your relationship with us, will be governed by the laws of the State of Texas, if a dispute arises out of or in connection with information relating to, or your relationship with, H$W. You also consent to the exclusive jurisdiction of courts in Texas in connection with such disputes.
