Effective 4/11/2019

WEBSITE TERMS & CONDITIONS

The below terms of use (“Terms of Use”) govern the terms under which you may access and use the www.cfrfinancial.com website and the services which are offered therein (the “Services”), including, without limitation, the online payment platform accessible through this website (“Payment Portal”) (collectively, the “Website”).  By accessing and using this Website, You signify that you have read, understand, and agree to be bound by these Terms of Use.  As used herein, “You” or “Your” refers to anyone who accesses and/or uses any portion of this Website.  “Registered User” refers to any person who creates a user account to utilize Services offered on the Website.

CHANGES TO THESE TERMS OF USE

These Terms of Use may be modified from time to time.  When these changes occur, Cypress Financial Recoveries, LLC will post the updated Terms of Use on the Website and will indicate at the top of the page the date that the changes were made.  You understand and agree that Your continued use of the Website after such changes constitutes Your acceptance of the new Terms of Use.

LICENSE GRANT

Provided that You are legally eligible for use of this Website, these Terms of Use grant You a personal, non-exclusive, non-transferable, revocable and limited license to access and use the Website solely for Your personal use and contingent upon your continued compliance with these Terms of Use. Pursuant to this limited license, You may print materials and information from the Website solely for your personal use, provided that you keep all copyright or other proprietary notices intact.  You may not republish content from this Website on any Internet, Intranet or Extranet site or otherwise use Website content in any manner not expressly authorized herein.  Any such unauthorized use without the prior written permission of Cypress Financial Recoveries, LLC is strictly prohibited and shall be grounds for termination of the limited license granted herein.

USER OBLIGATIONS

By accessing or using this Website, You agree that Your access or use will not violate any applicable local, state, national, or international laws, regulations, rules, and guidelines, and/or the terms of any other agreement You may have with Cypress Financial Recoveries, LLC.  You agree to assume all responsibility for compliance with these Terms of Use and for Your use of the Website.  Where this Website requires identification, You agree that You will establish reasonable security procedures and controls to limit access to Your password or other identifying information to authorized individuals.

Enrollment as a Registered User for access to certain areas of the Website may require both a user I.D. and a password.  By enrolling as a Registered User, You agree to keep Your user I.D. and password confidential and to not disclose them to unauthorized third parties. You also agree not to use another Registered User’s user I.D. or password without authorization.  By enrolling as a Registered User on the Website,  You represent and warrant to Cypress Financial Recoveries, LLC (i) that You are of the legal age of majority and are authorized and able to agree to these Terms of Use and (ii) that You have all rights and permissions necessary to submit, display, or make available any materials or information submitted to the Website. 

Any use of or access to this Website by any natural person under the legal age of majority is unauthorized, unlicensed, and in violation of these Terms of Use. 

You will immediately notify Cypress Financial Recoveries, LLC if You become aware of any loss or theft of Your password or any unauthorized use of Your user I.D. or password. Cypress Financial Recoveries, LLC cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. With notice to You, Cypress Financial Recoveries, LLC reserves the right to delete or change a user I.D. or password at any time and for any reason.

PROPRIETARY RIGHTS

The contents of this Website, including but not limited to all designs, text, sound recordings, graphics,  images, software, databases, information, and interfaces, are owned and controlled, except as otherwise expressly stated, by Cypress Financial Recoveries, LLC.   Except as otherwise expressly stated herein, You may not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, frame, store for subsequent use, or otherwise use any part of the Website without Cypress Financial Recoveries, LLC’s prior written consent. Cypress Financial Recoveries, LLC does not grant any implied rights and does not transfer or assign any ownership or intellectual property interest or title in or to the Website, or to any part thereof, to You or anyone else. The Cypress Financial Recoveries, LLC name and Logo Design and all other logos, names, and icons identifying Cypress Financial Recoveries, LLC or its products and services are proprietary trademarks of Cypress Financial Recoveries, LLC.   The use of such trademarks without the express written permission of Cypress Financial Recoveries, LLC is strictly prohibited. Other featured words or symbols used to identify the source of goods and services may be the trademarks of their respective owners.

WARRANTY DISCLAIMER

THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.   CYPRESS FINANCIAL RECOVERIES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIS WEBSITE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CYPRESS FINANCIAL RECOVERIES, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE UNINTERRUPTED, WITHOUT ERROR, OR IN A WAY THAT WILL MEET ANY SPECIFIC REQUIREMENTS YOU MAY HAVE.  YOU EXPRESSLY ACKNOWLEDGE THAT ANY AND ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS ASSUMED BY YOU.

LIMITATION OF LIABILITY

You acknowledge and agree that Cypress Financial Recoveries, LLC shall in no event be liable or responsible for any loss, claim, or damages resulting from circumstances beyond Cypress Financial Recoveries, LLC’s control arising in connection with this Website, including, but not limited to, circumstances related to the failure of electronic or mechanical equipment or communication lines, computer viruses,  unauthorized access, theft, operator error, telephone or other connection problems, severe weather,  natural disasters, wars, labor strikes or other labor disruptions, or governmental restrictions.

YOU AGREE THAT IN NO EVENT SHALL CYPRESS FINANCIAL RECOVERIES, LLC BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR FOR LOST DATA ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR INABILITY TO USE THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CYPRESS FINANCIAL RECOVERIES, LLC OR REPRESENTATIVES THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW CYPRESS FINANCIAL RECOVERIES, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, SHALL NOT EXCEED $100.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CYPRESS FINANCIAL RECOVERIES, LLC FOR YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED THEREIN, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO ANY DAMAGES OF ANY KIND FROM CYPRESS FINANCIAL RECOVERIES, LLC.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cypress Financial Recoveries, LLC and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages (actual or consequential), injuries, liabilities, losses, costs, and expenses (including reasonable attorney’s fees and litigation expenses) of any kind of nature, known or unknown, relating to or arising from Your use of or conduct on the Website or due to any transactions or activities that You otherwise engage in with any third party in connection with the Services offered therein.

MONITORING AND ENFORCEMENT

You acknowledge and agree that Your use of this Website may be monitored, tracked, and/or recorded by Cypress Financial Recoveries, LLC in accordance with applicable law, and that Cypress Financial Recoveries, LLC may disclose information regarding such use to comply with government or court-appointed authorities if necessary.  You therefore have no reasonable expectation of privacy while using this Website.  Actual or attempted unauthorized use of this Website, including but not limited to unauthorized entry into Cypress Financial Recoveries, LLC’s systems, misuse of passwords, or misuse of any information posted to the Website, is strictly prohibited and may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986.  You shall not disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Cypress Financial Recoveries, LLC for use by or with this Website. You expressly acknowledge that any actual or threatened breach of these Terms of Use by You, or by any third party at Your direction, may cause irreparable injury to Cypress Financial Recoveries, LLC, which is not easily quantifiable in monetary damages and for which Cypress Financial Recoveries, LLC would not have an adequate remedy at law. Accordingly, You agree that in the event of such actual or threatened breach Cypress Financial Recoveries, LLC shall be entitled to seek and be awarded an injunction or other appropriate equitable relief restraining such breach from a court of competent jurisdiction, in addition to any other remedies available to it at law or in equity, without the requirement of a bond.

TERMINATION

Cypress Financial Recoveries, LLC reserves the right to terminate these Terms of Use and Your right to access and use of this Website at any time in the event Cypress Financial Recoveries, LLC has reasonable basis to suspect fraud, illegal activity, or violation these Terms of Use on Your part. You acknowledge that Cypress Financial Recoveries, LLC shall have the sole discretion to determine whether Your access to or use of this Website constitutes unauthorized activity and/or violation of any term or condition of these Terms of Use. In the event of termination under this section, Cypress Financial Recoveries, LLC shall not be liable for any damages or losses incurred in connection with such termination. The provisions of these Terms of Use governing ownership rights, disclaimers of warranty, limitation of liability, governing law, enforcement, and termination shall survive any termination.

ADDITIONAL TERMS

Certain sections or pages on this site may contain separate terms and conditions which are in addition to these Terms of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. You acknowledge and agree that You are responsible for compliance with any third party payment processor’s terms and conditions and may be required to establish an account with a third party payment service provider in order to complete a payment transaction.  You may also be required to abide by additional instructions from and to agree to further terms and conditions with Cypress Financial Recoveries, LLC regarding payment, retrieving data, and receiving other services.

AVAILABILITY

This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

LINKS TO OTHER SITES

This Website may contain links to other websites operated by third parties. These sites have not necessarily been reviewed by Cypress Financial Recoveries, LLC and are maintained by third parties over which Cypress Financial Recoveries, LLC exercises no control, and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Cypress Financial Recoveries, LLC. Accordingly, Cypress Financial Recoveries, LLC expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by these third-party Websites. Inclusion of or linking to any third party site or content does not imply approval or endorsement by Cypress Financial Recoveries, LLC.

GOVERNING LAW

These Terms of Use shall be construed and enforced in accordance with the laws of the State of New Jersey, U.S.A., as applied to agreements entered into and completely performed in the State of New Jersey. The state or local courts in the State of New Jersey shall have exclusive jurisdiction and venue over all controversies related to these Terms of Use, and You hereby expressly consent to such exclusive and personal jurisdiction and venue.   You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Use.  You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies) is not applicable to these Terms of Use and is hereby expressly disclaimed.

ASSIGNMENT

You may not assign or otherwise transfer these Terms of Use or the limited license granted hereunder, or the duties or obligations assumed by you herein, in whole or in part, without the prior written consent of Cypress Financial Recoveries, LLC. Any attempted assignment, delegation, or transfer in violation of this TOU shall be void, of no effect, and a material breach of these Terms of Use. You acknowledge and agree that Cypress Financial Recoveries, LLC may assign these Terms of Use in whole or in part, and may delegate its rights and responsibilities or utilize third party contractors or agents to fulfill its obligations under these Terms of Use.

SEVERABILITY

You acknowledge and agree that in the event any provision of these Terms of Use is found by a court of competent jurisdiction or a similar adjudicating body to be void, invalid or otherwise unenforceable, unless it materially affects the entire intent and purpose of these Terms of Use such invalidity, voidness, or unenforceability shall not affect the validity these Terms of Use or any of the remaining provisions herein.   In such event, said provision shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.