Terms and Conditions of Use

This Crest Financial Internet Website Terms and Conditions of Use Agreement (the “Terms and Conditions”) is between the party enrolling as an Authorized Merchant and/or using The Site (“You”) and Crest Financial Services, LLC, and its affiliates (“Crest,” “we” or “us”), with a principal place of business at 61 West 13490 South, Draper, UT 84020. You should carefully read the Terms and Conditions before using The Site or the lending services. By use of The Site you agree to be bound by the terms and conditions of use set forth in the Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions you should not use The Services and must leave The Site.

1. We agree to provide you access to The Site in accordance with the Terms and Conditions.

2. You agree to use The Site in a manner consistent with the Terms and Conditions and all applicable rules and regulations. You acknowledge that you have read the Terms and Conditions and that you accept the terms thereof. You agree to read these Terms and Conditions carefully before using The Site. If you do not agree to the Terms and Conditions, you may not access or otherwise use The Site.

3. You accept that The Site is provided on an “as is, as available” basis.

4. The materials included in The Site are for general information purposes only and do not
constitute legal advice. The advertised transactions are part of a lease-purchase agreement (or in specified states, a lease agreement with an option to purchase; a consumer rental-purchase agreement; a rent-to-own agreement; a consumer lease-purchase agreement) Not available in WI, MN, VT, NJ. Retailer participating locations only. You will not own the merchandise until the total amount necessary to acquire ownership is paid in full or you exercise your Early Buyout purchase option. Ownership is optional. Some restrictions apply. Not intended to be a substitute for obtaining legal advice from legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. Crest does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through The Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Crest Financial reserves the right, in its sole discretion, to correct any errors or omissions in any portion of The Site.

5. YOUR ACCESS TO AND USE OF THE SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.

6. WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THE SITE OR DURING A PHONE CONSULTATION. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what type of data (if any) is held about you can be obtained by clicking here and to review our privacy policy or by contacting us.

7. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You are authorized to download one copy of the material displayed or performed on The Site (“Content”) on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on The Site are protected by copyright, and are owned or controlled by Crest Financial or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on The Site. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Crest Financial or the copyright holder identified in the individual Content’s copyright notice.

8. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on The Site in any way unless you obtain the prior written consent of Crest Financial. No intellectual property or other rights shall be transferred to you through your use of The Site. We are not able to confirm that the materials contained on these web pages are correct in every case. Crest Financial reserves the right to make changes to The Site, including the availability of any feature, database, Content, Web page materials, product information and prices on The Site at any time without notice or liability. Crest Financial may also impose limits on certain features and services or restrict your access to parts or all of The Site without notice or liability.

9. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, distribute, or otherwise publish through The Site any materials which (i) restrict or inhibit any other user from using and enjoying The Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

10. You acknowledge that transmissions to and from The Site are not confidential and your Communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting Communications to Crest Financial, no confidential, fiduciary, contractually implied, or other relationship is created between you and Crest Financial other than pursuant to these Terms and Conditions and any subsequent written agreement entered into with Crest Financial.

11. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS, AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CREST FINANCIAL AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, CREST FINANCIAL AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CREST FINANCIAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREST FINANCIAL AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL CREST FINANCIAL BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

12. You hereby agree to indemnify, defend and hold Crest Financial, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Crest Financial reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Crest Financial.

13. Where we provide hypertext links from or to third party sites, we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.

14. These Terms and Conditions contain the entire understanding between us with respect of The Site and no representation, statement, inducement oral or written, not contained herein shall bind either of us. Crest Financial reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on The Site.

15. The terms and conditions of use in this Terms and Conditions are subject to change at any time. You should review the Terms and Conditions regularly for any changes.

16. Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.

17. The Site, any information provided from it and the Terms and Conditions are given and made in the state of Utah, United States of America. THIS TERMS AND CONDITIONS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS AND CONDITIONS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE COUNTY IN THE STATE OF UTAH.

We may change our Terms and Conditions of Use from time to time. We will notify you of any material changes to our Terms and Conditions as required by law. We will also post an updated copy on our Websites. Please check periodically for updates. The Website Privacy Statement was last revised on 1/11/2016.