Thank you for using our Website. This statement discloses the privacy policy for the Arcus Lending (“Proprietor”) website (“Website”). Questions for clarification of this statement or comments may be addressed via the contact information on the Website.

We have adopted this Privacy Policy in order to demonstrate our firm commitment to privacy and to further the relationship between us and our subscribers. This statement of our Privacy Policy makes disclosures concerning our collection of information, including personal information, when you use the Website, and how we use and disclose it to others. By using the Website you accept the practices described in this Privacy Policy.

Information We Collect

We collect personal and non-personal information when you provide it to us in the course of using our Website. The personal information that we may collect includes your name, mailing address, phone number, email address, credit card number, and financial information. The non-personal information that we may collect includes your server address, your browser type, the URL of the previous website you visited, your ISP, operating system, the date and time of your visit, pages accessed during your visit, documents downloaded from our Website, and your Internet protocol (IP) Address. Unless this Website asks for specific personal information in order to respond to requests for information or to register uses for particular services, only the non-personal information will be collected when you use this site for statistical purposes and to enable us to improve the navigation functions of our web site.

When you subscribe to our service or otherwise make a purchase through our Website we will collect your name, mailing address, telephone number, credit card number, email address, and other information that we request during the registration process.

In addition, if you communicate with us regarding the Website or any of our services or products we collect any information that you provide to us during the course of our communication.

We may use analytic and reporting technologies to record non-personal information, defined above. Your personal information will only be collected by the staff of Proprietor who have responsibility for responding to such requests or administrating such registrations. However, we may contract with a third party to help us manage, monitor and optimize our Website and measure the effectiveness of our advertising, communications and use of the Website. We may use web beacons and cookies (described below) for this purpose.

Our Use of Information for Internal Purpose

We use your personal information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our Website and the products and services we offer and sell, to collect credit card payments for subscription fees and other purchases you make, and to provide customer support.

We use the non-personal information we collect to track the use of the Website and to assist us in providing, maintaining, evaluating, and improving our Website and the services and products we offer and sell. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Disclosure of Personal Information to Third Parties

We will disclose your personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party, or as we in good faith believe we are required to do so by law (such as to comply with a subpoena or court order, for example).

We may contract with various third parties who help us provide, maintain and improve the Website and the services we provide and the services and products we offer and sell and such third parties may have access to your personal information in order to perform their services (for example, to ship an order). Personal information collected on this web site will only be used for the purposes stated at the time of collection. Your personal information will not be forwarded to any third party except as stated above, added to a mailing list or used for any other purpose without your consent.

Use of Cookies and Web Beacons

A cookie is a small file placed on the hard drive of your computer. Most websites use cookies. We will use cookies to track your use of the Website and the services and products we offer and sell, provide you with a more personalized user experience, and to facilitate your logging in to the Website. Cookies can be either “persistent” or “session” based. Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behavior upon return to the issuing web site. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser. Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date.

A web beacon is an often-transparent graphic image, usually no larger than a 1×1 pixel that is placed on a web page or in an e-mail that is used to monitor the behavior of the user visiting the Website or receiving the e-mail.

Cookies and web beacons used by us will not be linked to your personal information. Unless required by law to do so, Proprietor will only disclose personal information collected on this site to a third party if consent has been provided.

How We Protect Your Personal Information

We consider protecting the security of your personal information as very important. However, this site does not provide facilities to guarantee the secure transmission of information across the Internet. Whilst reasonable efforts are used to provide security, users should be aware that there are inherent risks in the transmission of information across the Internet. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (sometimes referred to as “SSL”).

We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.

Reviewing and Changing Your Personal Information

You may obtain a copy of and request that we correct errors in your personal information by contacting us via the contact information on the Website. If you do desire to obtain a copy of your personal information, you will be required to provide proof of your identity. If your personal information changes or if you no longer want to subscribe to or use the Website, you may correct, update, terminate or deactivate your personal information and your account by contacting Proprietor via the contact information at the top of the Website. There is no fee for requesting access to your information; however, we may charge you the reasonable cost of processing your request.

Outside Links

You will be able to access third party websites linked directly from the Website. This Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use personal information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your personal information to its provider. Proprietor is not responsible for any content or practices of these sites.

Children’s Privacy

Website and the services and products we offer and sell are intended for potential home buyers, those looking to refinance their home, and other typical clients of Proprietor. Therefore, it is unlikely that children under the age of 17 will use the Website or purchase the services or products we offer. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 17. In addition, we will delete any information in our database that we know originates from a child under the age of 17.

If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us via the contact information on Website.

Changes in Privacy Policy

This Privacy Policy is subject to change from time to time. Proprietor may update this Privacy Policy without notifying you. Proprietor reserves the right to amend, modify, revise, and restate, at any time, this Privacy Policy, without notice. If you continue to use the Website after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Website. User’s continued use of the Website constitutes an affirmative agreement by you to abide and be bound by the Privacy Policy and its amended terms.

Terms of Use Agreement

Welcome to the website (“Website”) for Arcus Lending (“Proprietor”). Your use of this Website and the content and services provided through or in connection with this Website is subject to this Terms of Use Agreement (”Agreement”). Please carefully read this Agreement before accessing or using this Website. Each time you (”User”) use our Website, you agree to be bound by this Agreement, including the liability disclaimers contained below. If User does not agree to this Agreement, User must immediately discontinue use of this Website and cannot download any information from it or access any services provided by Proprietor (“Services”).

Materials on this Website may be accessed, downloaded and printed only for personal and non-commercial use. Materials on this Website may not be modified, reproduced, or publicly displayed, distributed or performed for any public or commercial purposes prior to our approval.

By using this Website, User agrees that User will not use any materials or information found on this Web Site for any purpose that is unlawful or prohibited by this Agreement, including, but not limited to, the use of this Website from locations outside of the United States of America or if you are under 18 years of age. User’s permission to use the Website is automatically terminated if User violates any of the terms contained in this Agreement, subject to the Termination Agreement below.

It is our intention that data provided on a subject is of a general nature. Our Website does not represent an exhaustive treatment of subjects nor is the information intended to constitute accounting, tax, legal, consulting or other professional advice. Prior to making any decision or taking any action we kindly request User to contact User’s tax or legal advisors.

Please use this Website and information at your own risk

The broker, seller, builder, and/or developer does not guarantee the accuracy of information such as square footage, lot size, asking price, architectural images, or other information concerning the condition or features of subject property. Information is deemed reliable, but is not guaranteed. Information may have been obtained from public records and/or other sources, and all buyers are advised to independently verify the accuracy of any and all information through personal inspection with appropriate qualified professionals.

Further, use of Website automatically and without any further action establishes a business relationship between User and Proprietor. As a result User agrees to allow Proprietor to contact User about its business via telephone, e-mail and /or standard mail using the contact information User has provided. User hereby consents to such contact even if User’s phone number is on any Do Not Call list. User understands and agrees that we may maintain the information User submits to Proprietor whether User elects to use their services or not. In the event User no longer wants to receive these communications, User agrees to notify us directly.

Nothing contained herein shall constitute an offer or promise for a loan, loan commitment or interest rate lock-in agreement of any kind.

User understands and agrees that if User requests a product or service other than information regarding a loan product, Proprietor will share User information with certain business partners to process and fulfill User’s request. User further agrees that such business partners may contact User by telephone, email or mail based on the information User submits, whether User elects to use their services or not. In the event User no longer wants to receive communications from a business partner, User agrees to notify the business partner directly. User also gives Proprietor permission to send User periodic updates concerning changes to the Website, Service or special offers which may be of interest.

User certifies to Proprietor that: (i) User is at least eighteen (18) years of age and a resident of, or located in, the United States; (ii) User assumes full responsibility for the use of the Website by any minors; (iii) User agrees that all information User has submitted to Proprietor, online or otherwise, is accurate and complete, and that User has not knowingly submitted false information on or through the Website; and, (iv) User’s use of the Website is subject to all applicable federal, state, and local laws and regulations.

Limitation of Liability

USER ASSUMES ALL RESPONSIBILITY FOR THE USE OF THIS WEBSITE. THE CONTENTS ARE PROVIDED “AS IS,” AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. PROPRIETOR MAKES NO WARRANTEE REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OR THE PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR ANY HYPERLINKED SITE.

PROPRIETOR IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAWS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENTS, OR ANY HYPERLINKED SITE, EVEN IF PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Proprietor’s personal liability under this Agreement, if any, shall be limited solely to the amounts payable by Proprietor under this Agreement.

This Website is only intended to provide data and information that may be of interest to its Users. The Website’s contents are comprised solely of general information and are not customized to a User’s personal situation. Neither party shall be liable to the other party for incidental or consequential damages or the loss of anticipated profits arising from any breach of this Agreement by such party, even if such party is notified of the possibility of such damages. The rights and obligations of the parties set forth in this Agreement are the exclusive remedies of the parties with respect to the infringement of intellectual property rights. No right created under this Section may be asserted by any person not a party to this Agreement. No right or remedy conferred upon or reserved to any party to this Agreement is intended to be, nor shall be, deemed exclusive of any other right or remedy available at law or equity, except as otherwise provided in this Agreement, and each shall be cumulative of every other right or remedy. All obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not in limitation of any duties, obligations, rights, and remedies otherwise imposed available by law.

All rights and remedies conferred hereunder and by law shall be cumulative of each other, and neither the exercise nor the failure to exercise any such right or remedy shall preclude the exercise of any other such right or remedy.

You agree that any claim or cause of action arising out of or related to the use of this Website or this Agreement must be filed within one year after such claim or cause of action arose, or it is forever barred and waived, regardless of any statute or law to the contrary. Proprietor shall not be liable for any loss, damage, detention, delay or failure to perform in whole or in part, resulting from causes beyond control of Proprietor, including, but not limited to, fires, strikes, insurrections, riots, embargoes, shortages of motor vehicles, delays in transportation, inability to obtain supplies of raw materials, or requirements or regulations of the United States government or any other civil or military authority. In no event shall Proprietor be liable for consequential damages.

Indemnification

User agrees to indemnify, defend, and hold harmless, Proprietor and its subsidiaries and affiliates, and their respective agents, officers, directors, employees, and contractors, from and against any and all loss, liability, claim, damage, and other expenses (including reasonable attorneys’ fees) arising out of any action at law or other proceeding necessary to enforce any of the terms of this Agreement caused by or arising from User’s: (1) violation of this Agreement; (2) access to or use of this Website or Service; or (3) failure to provide accurate, truthful, and complete, current personal information.

Violation of Terms; Termination

Proprietor may permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to this Website without notice and liability, if, in, Proprietor’s sole determination, User violates any of the terms and conditions, including the following prohibited actions; (i) use the Service for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.

Upon termination for any reason, User continues to be bound by this Agreement. Each party shall abide by and uphold any and all rights or obligations of the other accrued or existing as of the Termination Date. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION INCIDENTAL OR CONSEQUENTIAL DAMAGES ON ACCOUNT OF TERMINATION OF THIS AGREEMENT FOR ANY REASON WHATSOEVER. Termination shall not relieve User of his obligation to pay for all of Proprietor’s services used.

Outside Links

Any hyperlinks contained in this Website belong to third-party sites (”linked sites”) and are provided by Proprietor for User’s convenience only. Proprietor does not control linked sites in any way and neither expressly nor implicitly (i) represents or warrants the truth or accuracy of any information included in any linked site or (ii) endorses or sponsors any linked site, the content of any linked site, or any products sold or services offered by any linked site. Use of these external websites is at User’s own risk.

Governing Law; Arbitration

This Agreement and User’s use of this Website shall be governed and construed according to the laws of the State of Georgia, without regard to choice of law principles. Any civil action, dispute, or proceeding, arising out of or relating to the Agreement and User’s use of this Website, except for an injunctive action regarding a breach or threatened breach of any provision of the Agreement by User which shall be brought in a state court in Cobb County, Georgia, shall be referred to final and binding arbitration before a single arbitrator under the commercial arbitration rules of the American Arbitration Association. User and Proprietor shall jointly select the arbitrator. If User and Proprietor are unable to find a mutually satisfactory arbitrator within 30 days after the notice of arbitration is given, then the American Arbitration Association shall select the arbitrator. Arbitration will commence only when the party requesting it has deposited $1,000 with the arbitrator for the arbitrator’s fees and costs. Until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs, the party who requested arbitration is responsible for paying all fees that the arbitrator may periodically require. The arbitrator’s final and binding conclusion may be entered in any court of competent jurisdiction. User agrees that User may be served with process in any such action by hand delivery, courier, overnight delivery service, or certified or registered mail, return receipt requested. User irrevocably and unconditionally waives and agrees not to plead, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue or the convenience of the forum of any action or claim with respect to this Agreement brought in the United States District Court for the State of Georgia or the courts of Cobb County. In any action brought in any court by User or Proprietor concerning this Agreement or the goods, a right to a trial before a jury shall be waived.

Changes in Agreement

Proprietor may update Services or this Agreement without notifying User and also may add Services, which may be governed by different or additional terms of use. Proprietor reserves the right to amend, modify, revise, and restate, at any time, this Agreement, without notice. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. User’s continued use of the Service constitutes an affirmative agreement by you to abide and be bound by the Agreement and its amended terms.

Severability

If for any reason any portion of the Agreement is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the Agreement will remain in full force and effect. User agrees that each provision to this Agreement shall be construed independent of any other provision of this Agreement. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. In the event any provision of this Agreement is deemed unenforceable, including, but not limited to, the liability disclaimers above, the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the intent of the original provision.

Entire Agreement

The Agreement sets forth the entire agreement between User and Proprietor regarding the subject matter of the Agreement, and supersedes any prior oral or written statements or agreements with respect to the same. No representation, promise, inducement or statement of intention has been made by User and Proprietor that is not embodied in this Agreement. User and Proprietor shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in this Agreement. A printed version of this Agreement 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.

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