Terms of Use, Privacy Policy, Disclosure, and Legal Notices:
Last updated: December 30, 2016
ACHTUNG!
We don’t know if there has ever been a case where a disclosure document or policy has provided useful guidance to anyone. Most people we know click right through the licensing agreement when they install software, do not read disclaimers at the bottome of account applications, have not conducted a background check on the waiter they just gave their Amex card to, and really don’t care about all of the information that Facebook collects on them. In practicality, we have little expections of privacy, do not care about due diligence until it all goes wrong, and are happy going about our lives even though the average Amercian, accoridng to one popular author, committs three felonies a day. Still, certain statutory, case and common law practices require us to make certain declarations and disclaimers. We don’t know if you’ll read these or not, but we attempt to be transparent and compliant with all rules and regulattions, so here they are. Please not that even an army of lawyers will never be able to fully comply with every law in every jurisdiction, which is why lawyers get paid so much when things go wrong. We will use a variety of legalese (e.g. herewithin is contain the disclosures of our absentee wherewithall…) and common language (e.g. you’ll probably lose your money by engaging in business one way or another, and with us is no exception) to share with you, but in all cases, we want you to be on notice that we expect you are familiar with caveat emptor and are willing to accept responsibilty for your own decisions and actions. In this document, we, Aspire Lease and Factor, LLC, along with our affiliates, employees, contractors and assigns, are the Provider or Sender, and may be referred to as “we” or “us” or other first person pronouns and possesives. You, whoever you are, are the Receiver or Recipient, and may be refered to as “you” or “your” or other second person pronouns or possessives. .
Everyone thinks these email disclosures are lame, and and we are no exception. Somehow legal counsel always advises including a silly disclaimer in all communications and linking to one on every website, yet it is questionable on whether doing so has ever helped anyone anywhere. To try to provide extra protection, this warning is extra silly. Regardless, please be aware that the contents of this website along with all phone calls, text messages, videos, pigeon deliveries, faxes, currier deliveries, emails (and any attachments), and other communication are private and are intended to stay private, and may contain confidential or privileged information. Sharing private information wasn’t nice in kindergarten, and it is no better now that you are supposedly more mature. If you received communication in error, please promptly notify the sender then promptly delete the contents of the email. You agree not to share any information with bad people, and only with a few, judiciously chosen good people. We will share your information with other people who we expect to be well behaved: that’s what our business is all about.
We engage in commercial lending and funding services, along with buying and selling commercial assets, as provided by law. We alos clean toilets, sing funny songs, and love road trips and spicy food. Clearly, we are not engaged as your attorney, accountant, tax advisor, investment adviser, broker, consumer banker, real estate agent, medical doctor, psychologist or lover (unless previously consemated, and then only for the duration of the consemation unless otherwise agree to). If you need to be told any of that, you have no business engaging in sophisticated transactions for qualified individuals: go play Angry Birds instead. No solicitation or offer to sell/sale or offer to buy/buy is made by herein. Written or verbal communication received from us or provided by us are intended for negotiation purposes only, may contain legal puffery, and are not to be relied on unless contained in writing and within a formal contract properly identified as such. Upon receipt of this communication, you acknowledge receipt and acceptance of this warning and disclaimer, blah blah blah. Recipient warrants they have been provided by Aspire Lease and Factor LLC their statutory, case and common law declarations, which discuss worse case scenarios, etc., from: http://www.AspireLeaseandFactor.com/DlSCL0SURES2Ol62460laspire and is incorporated herein. Jurisdiction = UT. We reserve the right to provide interpretation of anything found to be in contest herein. We are responsible only for our own actions and words; get it directly from the horse’s mouth and stop blaming others. Be nice to your mother; she may be the only one that loves you. Feed the children. Please consider the environment before printing this document. Now, be good and go have a nice day.
Congratulations on getting this far already. Before cotinueing, please ensure you have a cold beverage, have recently used the bathroom, are well rested and have sufficient facalties and facilities to continue, including the wherewithal to read, comprehend, evaluate and execute on the information included herein. You should insure the font, font size, font type, font, color, etc. comply to all codes before continue and agree to hold Aspire harmless thereto and herefore and wherewith and all in.
Privacy Policy:
We have created this privacy policy (hereinafter the “Privacy Policy”) in order to disclose our information gathering and dissemination practices. We understand the importance that Internet users place on privacy (none, really) and have designed our service with this in mind. You agree to this Privacy Policy, in its entirety, when you: 1) access or use our “Website”); 2) sign up for or receive solicited or unsolicited communication from us; and/or 3) select and register for an offer(s) on the Website by clicking the offer(s) presented. If you do not agree with the terms and conditions of our Privacy Policy, please do not use or access the Website. If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for direct marketing purposes, please e-mail us.
Information We Collect:
The information that we collect is generally limited to personal information about you that you submit on the Website. The personally identifiable information that may be collected includes but is not limited to: your name; address; email address; telephone number; fax number; information about your interests in and use of various products, programs, and services; and education level and interests. Although we are not collecting credit card information on this website at this time, we reserve the right to do so in the future. To the extent that customer credit card-specific information is collected by our company and any of our affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies) without the customer’s prior informed consent. Notwithstanding the foregoing, we and our affiliates and subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific customers but they will not share this credit card information with third parties without the customer’s prior informed consent. Like most standard website servers, we use log files. Log files track anonymous user information including, but not limited to, Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is tracked in order to analyze trends, administer the Website, track users’ movements in the aggregate and gather broad demographic information for aggregate use. The information tracked via log files is not linked to personally identifiable information.
Cookies:
The Website uses a “cookie” to assign a unique identifier to your computer. The cookies we use are persistent files that your web browser places on your computer’s hard drive. Cookies may be used to help save information on past activities and other preferences, so that you are not required to reenter information each time that you visit the Website, and to deliver content specific to your interests. No personally identifiable information is gathered by the cookie.
How We Use Your Information:
Any personal information that you supply to us remains your personal property. However, by submitting that information our company, you grant us the right to use your personal information for any legal purpose including, without limitation: a) providing promotional offers to you via email advertising and/or online banner advertising; b) transferring the personal information that you provided to a third party, when necessary, to receive a product, service, or information that you may have requested from such third party while using the Website; c) tracking compliance with our Terms and Conditions; and d) for validation, suppression, content improvement and feedback purposes. By submitting your information to the Website, you grant our company the right to use that information for marketing purposes, and agree to receive email marketing from the Website. We may maintain separate email lists for different purposes. In order to end your email subscription to a particular list, you must follow the instructions contained in any email correspondence that you receive from us. Unsubscribing from one list will not automatically unsubscribe you from all email lists. We only send email marketing to individuals that have agreed, whether by visiting this Website or through third party websites, to receive email marketing from us. We do not send unsolicited bulk email. As a result, certain statutes, requiring particular formatting for unsolicited bulk email may not be applicable to the bulk email that is sent by our company. Though we make every effort to preserve user privacy, we may be required to disclose personal Information in some instances, such as: 1) when required by law wherein we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order, and/or subpoena; 2) in the event that our company is sold or acquired; or 3) in the event that we believe that the Website is being, or has been, used in violation of our terms and conditions or to commit unlawful acts. Moreover, you hereby consent to the disclosure of any record or communication to any third party when our company, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your email address with other third parties for suppression purposes in compliance with the provisions of the CAN-SPAM Act of 2003, as amended from time-to-time.
Sharing of Information:
Our company provides you with the opportunity to receive special offers, products and/or services from other third-party companies. To receive such offers, products and/or services your personally identifiable information supplied to us during the registration process will be shared with such third-party companies so that they may provide the product or service to you that you have ordered from them without requiring that you first complete another registration form. By submitting your e-mail address at the Website you agree to receive e-mail marketing from our company. We may share our user information and/or join together with other businesses to bring selected opportunities to our users. We are able to offer third party services to you, in part, based on your willingness to be reached by our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 C.F.R.
Terms of Use
These Terms of Use were last modified in December 2016.
Terms of Use and your acceptance of them. Read before continuing.
Aspire Lease and Factor, LLC is pleased to provide you with the information, content, tools, products and services on all Aspire Sites (the term “Aspire Sites” refers to all Aspire web sites, as well as to the content on them). Because these Terms of Use cover multiple web sites, some terms may refer to items that are available only on certain Aspire sites. These Terms of Use also include some important disclosures and information related to certain products and services. Your use of Aspire Sites is subject to these Terms of Use (“Terms”). There are many different Aspire companies (“Aspire Entities”), and their affiliates, that provide information, content, tools, products and services on and through the Aspire Sites. These Aspire Entities are identified below and in each part of the Aspire Sites where they provide such information, content and services.
These Terms are a binding agreement between you and the Aspire Entities listed below, as well as their U.S. affiliates (“Aspire”). By using or accessing the Aspire Sites, you accept and agree to be bound by these Terms. Your use of Aspire Sites is governed by the version of the Terms in effect on the date each Aspire Site is accessed by you. Aspire may modify these Terms at any time and without prior notice. You should review the most current version of these Terms by visiting an Aspire Site and clicking on the Terms of Use hyperlink located at the bottom of the home page. These Terms are in addition to any other agreements between you and Aspire, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Aspire Sites.
Use of Aspire sites
The Aspire Sites are intended only for your personal, non-commercial use, unless you and Aspire have agreed otherwise in writing.
Aspire sites and companies
Aspire Lease and Factor, LLC is the parent company of various Aspire Entities. Some of these Aspire Entities are financial services companies, that may be registered under federal or state laws, and others are not regulated as such and may, for example, provide information and content publishing services. A listing of all Aspire Entities, that provide content on the Aspire Sites, may be obtained by contacting Aspire: 3305 Mayflower, Ste 3B, Lehi UT 84043.
Risk
You could lose money by engaging in funding or lending transactions with or through Aspire. In fact, if you honor the terms of your agreements, you will lose the interest you pay. Conversely, if you do not honor the terms of your agreements, you may lose attorney fees, penalties, and interest through the collection or attempted collection of your debt. You will lose any funds you pay Aspire for application processing, credit reporting, postal services or other sundry fees or expenses: we hope you will find the fees worth the value received, but there can be no guarantee that you will always feel so. Funds held by or handled by Aspire are not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. We doubt you’ll get them back. Aspire Investments and its affiliates have no legal obligation to provide financial support to you and you should not expect that Aspire will provide financial support to you at any time. There are no guarantees.
Before proceeding, consider your risks, expectations, probabilities, charges, and expenses. Aspire may not be the only entity to provide, or attempt to provide, these services, and maybe you should choose someone else.
Information for foreign investors
The Aspire Sites are intended to be made available only to individuals in the United States, and the information on the Aspire Sites is only for such persons. Nothing on the Aspire Sites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
Broker-originator’s potential conflicts
As a broker-originator, Aspire Lease and Factor, LLC or its affiliates or assigns may act as principal for its own account or as an origination agent for its customers in connection with the services it provides or attempts to provide you. If it receives a commission, spread, discounted buy-rate or acts as agent for another person in connection with any such transaction, Aspire may have a potential conflict of interest. We may choose to present to you transactions based on how much money we make. We may or may not disclose to you the amount or sources of commissions we receive nor the amount or destinations of commissions, referral fees and partner shares we make, including to other vendors or service providers who introduce transactions to us. We may collect commissions and revenues from multiple parties and may get paid off of both sides of a transaction. Despite our desire to develop long term, mutually productive relationships with you, we are not your fiduciary and have no obligation to provide you with the best rate. From time to time, we may advise you not to participate in transactions, but at no time should you expect that we will always do so or that we have any obligation to do so. You must watch out for you. You understand this potential conflict and acknowledge that you may choose to effect transactions at another firm.
Limitations on investment guidance and professional advice
The Aspire Sites are not intended to provide legal, tax, investment or insurance advice. Nothing on the Aspire Sites should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Aspire or any third party. Certain planning and evaluation tools available on the Aspire Sites may provide general education based on your input and reasonable outputs, some provided by third parties. You are solely responsible for determining whether any investment, strategy, contract or transaction is appropriate for you based on your personal objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
Copyright policy, linking policy and trademarks
The Aspire Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Aspire Sites, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and Aspire have agreed otherwise, links from another web site to a Aspire Site must resolve to the top-level homepage of a Aspire domain (e.g., www.aspire.com). In order to avoid confusion if you do link from another web site to a Aspire Site top-level homepage, your web site, and the link itself, may not suggest that Aspire endorses, sponsors or is affiliated with any non-Aspire web site, entity, service or product, and may not make use of any Aspire trademarks or service marks other than those contained within the text of the link.
All trademarks and service marks on the Aspire Sites belong to Aspire Lease and Factor, LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Aspire with the following information:
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A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
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A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
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An identification of the allegedly infringing material, and a description of where that material is located on the Aspire Sites;
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Your address, telephone number, physical and email address;
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A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Aspire’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Aspire Lease and Factor, LLC, 3305 Mayflower, Ste 3B, Lehi UT 84043.
Third party content and research
The Aspire Sites include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with any Aspire Entity (“Third Party Content”). Some Third Party Content may be provided by companies whose shares are available for purchase. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.
Aspire has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
While Aspire makes every attempt to provide accurate and timely information to serve the needs of users, neither Aspire nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Aspire and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
“CUSIP” identifiers have been provided by CUSIP Global Services, managed on behalf of the American Bankers Association by Standard & Poor’s Financial Services, LLC, and are not for use or dissemination in a manner that would serve as a substitute for any CUSIP service. The CUSIP Database, © 2010 American Bankers Association. “CUSIP” is a registered trademark of the American Bankers Association.
Timeliness of content
All content on the Aspire Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Prohibited uses
Because all servers have limited capacity and are used by many people, do not use Aspire Sites in any manner that could damage or overburden any Aspire server, or any network connected to any Aspire server. Do not use Aspire Sites in any manner that would interfere with any other party’s use of the Aspire Sites.
Means of access
The Aspire Sites are generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Aspire Sites, be aware that the Aspire Sites may not appear accurately through other access methods, and you use them only at your own risk.
You should not access the Aspire Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Aspire.
Certain parts of the Aspire Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Aspire Sites, or to any other protected materials or information, through any means not intentionally made available by Aspire for your specific use.
Password security and notification
If you have a password for access to non-public areas of the Aspire Sites, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Aspire shall not be under any duty to inquire as to the authority or propriety of any instructions given to Aspire by you or via your password and shall be entitled to act upon any such instructions and Aspire will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from Aspire. Notify Aspire immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Aspire in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
Background information on the Members, Managers, Contractors, Affiliates, Partners, Employees and Children of Aspire Lease and Factor, LLC, including objectives, strategy, limitations, compensation, expenses, procedures, risk factors, conflict of interest and other information:
The owners, operators, managers, members, employees, contractors and affiliates of Aspire believe in second chances, grant second chances and will continue to grant second chances. That fact may make you uncomfortable, and we understand. You and you alone must evaluate whether you believe in second chances or not. You must evaluate whether there is a greater or reduced risk in dealing with second chances. We believe it lowers the risk, but we are not able to warrant or provide any warranty on this belief. But whatever you do, don’t be a douchebag about it. We make the following declarations, which are not inclusive, may not be sufficient, and much of which is certainly not relevant; the owners, operators, managers, members, employees, contractors and affiliates of Aspire may include individuals and entities that have or may have: not made their beds as kids, lied to their parents about where they really were and didn’t always come home on time; may eat too many trans fats, don’t get enough exercise, need to take more vitamins, are subject to aging and will eventually die, and may do so prematurely and without warning, which may impact you beyond the social obligation of sending flowers or condolences; may not spend enough time with their families, children, spouses, partners, loved ones, friends and acquaintances, or may spend too much with them, both of which may impact you or your transaction; is aware of individuals who have immigrated or emigrated, some with or without fiat permission or the possession of papers, which may or may not be immoral; have paid many bills, continue to pay bills and expect to pay new bills from time to time and from place to place, notwithstanding that all bills have not always been paid, and incurring too much debt, expectedly or unexpectedly, including but not limited to medical debt, personal guarantees and tax debt, have led to compromises with creditors, relief of which was sought or could have been sought under the United States Constitution, Article 1, Section 8, Clause 4 and statutes codified in Title 11 of the United States Code; we acknowledge that the expansion of Title 18 of the US code has caught or has the potential to catch nearly every American within its crosshairs, estimated by some experts to occur at the rate of three times a day, and engaging in and having engaged in sophisticated transactions and common American life, has applied to us, including Chapters 1 – 403, Section 1344 inclusive, a portion of the records of which is in the public domain and remains uncommuted and for which executive clemency has not been sought, notwithstanding that it may be sought at some future time without notice or redress; the existence of certain administrative actions, some of which have been subject to adjudication, including registration for claimant firm exemption under 4.14(a)(8) and NFA id 0439237 for Pool ID P061092 and P061091 under 4.13(a)(2) and consent contrary these and other material facts executed in 2013 under 12cv(415)(db)001; those documents found under the public domain of FINRA and SEC registration and CRD reporting; the dismissed allegations of high crimes and misdemeanors; varies oaths of office and the execution of duties there under; moral turpitude, dereliction of post, bad hair and bad taste in women; snoring and puffing at night which may be a sign of serious health conditions; religious, cultural, gender, orientation, ethnic and national backgrounds which may be at variance with your own and may or may not have an impact upon your relationship with us, and which has the potential for being determined to be subject to the equal protection clause of the US Constitution and subject to various rules and regulations of state, local and federal government; member ship in various churches, clubs, organizations, associations and Facebook group which may provide real or illusionary testaments of character, thought processes or desires; and other statutory, common law or case law requirement of disclosure of material facts, which we believe to be with in the public domain but for which we have attempted an affirmative effort to disclose, notwithstanding we declare that we are not aware of any basis for trusting us, our puffy based claims, or our intentions in providing a service to you which will be useful, appropriate, or in your best interest; indeed, given the onerous requirements we have little choice but to suggest you leave – run, don’t walk – and seek a better alternative, and for which we must determine that your continued engagement indicates you have no better option, having sufficiently explored all options, and have decided to continue engagement in spite of our suggestions to not do so. You might lose everything; you might suffer death or serious injury; you might have buyer’s remorse or regrets, for which you and you alone are accepting responsibility through your continued engagement.
DISCLAIMER OF WARRANTIES
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ASPIRE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE ASPIRE SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ASPIRE SITES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND ASPIRE DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
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ASPIRE DOES NOT WARRANT THAT THE ASPIRE SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ASPIRE ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE ASPIRE SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ASPIRE SITES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
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ASPIRE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE ASPIRE SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF ASPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE ARE NOT RESPONSIBLE FOR TIME FRAMES, FUNDING EXPECTATIONS OR BUSINESS DECISIONS BASED ON INFORMATION PROVIDED BY ASPIRE. ALL COMMUNICATION IS ON A BEST EFFORTS BASIS: YOU SHOULD NOT MAKE BUSINESS DECISSIONS BASED ON INFORMATION WE PROVIDE YOU.
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ASPIRE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH ASPIRE DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
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IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU MAY NOT COMMINICATE WITH ASPIRE.
Indemnification
As a condition of your use of the Aspire Sites, you agree to indemnify and hold Aspire and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Aspire Sites, or from your violation of these Terms.
Changes to Aspire sites
Unless otherwise agreed, Aspire may discontinue or modify the Aspire Sites at any time without prior notice to you, and you accept those modifications if you continue to use the Aspire Sites.
Termination
Aspire may terminate your access to the Aspire Sites for any reason, without prior notice.
Governing law
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Utah, without regard to conflicts of law, and shall inure to the benefit of Aspire’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
Severability
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Aspire shall have the right to substitute or amend the conditions herein, including ex post facto, to comply with the regulations of any jurisdiction or any entity.
Our Commitment to Privacy
Basically, it is none. Aspire is committed to attempting to maintain the confidentiality, integrity, and security of personal information about our current and prospective customers, but there is no guarantee that we will actually do so. Please note that certain details of this policy may depend on whether you deal with us through an investment professional, directly, or whether Aspire provides services to you through your employer or a vendor. The privacy policies of Aspire are reviewed annually. Our printed and online notices are then updated to reflect any changes.
Aspire Privacy Policy
How and why we obtain personal information
Aspire takes care to protect personal information about you and when we use it, we do so with respect for your privacy. We may use personal information about you to service, maintain, and protect your account; process transactions in your account; respond to inquiries from you or your representative; develop, offer, and deliver products and services; or to fulfill legal and regulatory requirements. Aspire may collect public and non-public personal information about you from any of the following sources:
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You or your representative on applications or forms (for example, name, address, Social Security number, birth date, assets and income)
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Transactional activity
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Other interactions with Aspire (for example, discussions with our customer service staff or information you enter into our websites)
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Information from consumer reporting agencies (for example, to assess your creditworthiness for products)
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Information from other third-party data services (for example, to verify your identity and to better understand your product and service needs)
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You or your representative regarding your preferences
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Other sources with your consent or with the consent of your representative
How we protect information about you
Aspire considers the protection of personal information to be a foundation of customer trust and a sound business practice. However, we may not have sufficiently employed physical, electronic and procedural controls and although we regularly adapt these controls to respond to changing requirements and advances in technology.
How we share information about you with third parties
Aspire shares personal information about our customers with unaffiliated third parties for use in marketing their products and services. We may share personal information with the following entities:
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Unaffiliated service providers (for example, printing and mailing companies, securities clearinghouses, marketing service providers, and other entities who may provide services at Aspire’s direction)
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Government agencies, other regulatory bodies and law enforcement officials (for example, for tax purposes or for reporting suspicious transactions)
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Other organizations, with your consent or as directed by your representative (for example, if you use Aspire as a financial reference in applying for credit with another institution), or as permitted or required by law (for example, for fraud prevention or to respond to a subpoena)
Our service providers are encouraged to keep the personal information we share with them confidential and use it only to provide services specified by Aspire. Based on the nature of your relationship with Aspire, we may exchange information with other third parties.
How we share information about you within Aspire
We may share personal information about you with various Aspire corporate affiliates and assigns, including service providers which perform, for example, printing, mailing, and data processing services.
Additionally, if you interact with Aspire directly (including joint account holders and company principles) or if Aspire provides services to your employer, we may exchange certain information about you with Aspire financial services affiliates for their use in marketing products and services as allowed by law.
Privacy online
Privacy, security, and service in Aspire’s online operations are just as critical as in the rest of our business but we are not an IT business and have limited technical resources and knowhow. We attempt to use devices and services such as firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect Aspire accounts and systems from unauthorized access, but there is no guarantee that are efforts are sufficient, appropriate, or consistent. They are not to be relied on.
When you interact with us through online channels (for example, websites and mobile applications) owned and controlled by Aspire (“Aspire websites”), Aspire manages personal information in accordance with all of the practices and safeguards described previously.
When you visit Aspire websites, we may collect technical and navigational information, such as device type, browser type, Internet protocol address, pages visited, and average time spent on Aspire websites. We use this information for a variety of purposes, such as maintaining the security of your online session, facilitating site navigation, improving Aspire website design and functionality, and personalizing your experience on Aspire websites. Additionally, the following policies and practices apply when you are online.
Cookies and similar technologies
Aspire and our third-party service providers may use cookies and similar technologies to support the operation of Aspire websites. Cookies are small amounts of data that a website exchanges with a web browser or application on a visitor’s computer or mobile device. Cookies help us to collect information about visitors to Aspire websites, including date and time of visits, pages viewed, amount of time spent on our sites, or general information about the device used to access the site. Aspire cookies are also used for security purposes and to personalize your experience, such as customizing your screen layout.
You can refuse or delete cookies. Most browsers and mobile devices offer their own settings to manage cookies. If you refuse a cookie when on a Aspire website, or if you delete cookies, you may experience some inconvenience in your use of Aspire websites. For example, you may not be able to sign in and access your account, or we may not be able to recognize you, your device, or your online preferences.
Both Aspire and third-party service providers we hire may use cookies and other technologies, such as web beacons or pixel tags, in online advertising as described below.
Advertising on Aspire websites
Aspire advertises on its own websites (including our mobile applications), and when we do, we may use information about your relationship with us, such as the types of accounts you have, to tailor advertisements about Aspire and third-party products and services that may be of interest to you.
We may also use third-party service providers to help us determine which Aspire products and services may be of interest to you. These service providers may collect information about your activity on Aspire websites using cookies and other technologies to analyze, for example, pages visited, search engine referrals, browsing patterns, and responses to advertisements and promotions. Such service providers may only collect and use such information for purposes specified by Aspire and not for their own purposes.
Advertising on non-Aspire websites
Aspire also advertises our products and services on websites not affiliated with Aspire and we contract with third-party advertising companies to display these ads. These third-party advertising companies may use cookies and similar technologies to collect technical and web navigational information, such as device type, browser type, Internet protocol address, and pages visited.
Aspire and these third-party online advertising companies may use the data collected, along with other information we have about you and your Aspire relationships, to serve relevant ads to you. The advertisements may be relevant to your interests, as determined by your activity on Aspire and non-Aspire websites. These are known as “interest-based advertisements.”
You may opt-out of receiving interest-based advertisements from online advertising companies by clicking on the AdChoices icon (which appears on all Aspire interest-based ads) and following the opt-out instructions. For more information about interest-based advertising please see http://www.networkadvertising.org/managing/opt_out.asp .
Non-Aspire websites and mobile applications are not subject to Aspire’s Privacy Policy. You may visit the individual sites for additional information on their privacy practices.
Connecting with Aspire on social media sites
Aspire provides experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. We may collect information you provide by interacting with us via social media, such as photographs, opinions, or Twitter handle. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is also subject to the terms of use and privacy policies of those platforms. Please refer to them to better understand your rights and obligations with regard to such content.
Aspire Mobile® apps
Aspire Mobile® applications (“apps”) allow you to access your accounts, obtain and submit information, access news and research using wireless or mobile devices. Our privacy practices apply to any personal information or other information that we may collect through the apps.
Protecting children’s privacy online
Aspire websites are not directed to individuals under the age of thirteen (13). Aspire does not intentionally collect information on Aspire websites from those we actually know are under 13, and we request that these individuals do not provide personal information through the sites.
Additional information
If you are a former customer, these policies also apply to you; we treat your information with the same care as we do information about current customers.
Aspire offers several options for accessing and, if necessary, correcting your account information. You may write or call us with your request for information. If you transact business through Aspire, you are entitled to receive, upon written request, a record of any disclosures of your medical record information. If we serve you through an investment professional, please contact them directly. Specific Internet addresses, mailing addresses and telephone numbers are listed on your statements and other correspondence.
The Aspire Investments Privacy Policy is provided on behalf of:
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Aspire Lease and Factor, LLC
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Great West Leasing, LLC
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Union Commercial Service Group, LLC
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QZ Service Company, LLC
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Elev8 Café, LLC
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QAMF
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PacFund Partners, LLC
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Fans of JCW’s.
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Other companies owned by Aspire Lease and Factor, LLC and is affiliates, employees, members, managers and/or assigns, which may or may not use the Aspire name to provide services to customers