Terms of Use

These Terms of Use (collectively, “Terms”) govern your use of this Website and Services. Please read these terms and conditions carefully before using this Website and Services. By visiting, accessing or using this Website and Services, including any content, downloads, information, functionality, products or services on or through the FlexPoint, Inc.’s websites that are located on the onyglo.com domain or mobile applications (collectively, “Website”) beyond the homepage, you agree to be bound by these Terms of Use whether or not you complete a transaction with the Company and whether or not you complete a transaction via this application, telephone, email, facsimile, or other channels. If you do not agree to all of the terms, please immediately discontinue accessing this Website and Services.

As used in these Terms, the terms of “OnY Glo”, “we”, “us”, “Company”, or “our” collectively refer to FlexPoint, Inc. and the word “you” refers to you as an individual and, if applicable, your company if you are accessing or using this Website on behalf of your company.

Ownership

1. This Website, Services and its associated applications are owned and operated by FlexPoint, Inc. located at 250 East Baker Street Suite 200 Costa Mesa, CA 92626
2. You acknowledge and agree that you do not acquire ownership rights by downloading, visiting or viewing any Website and Services content.

Access

1. We reserve the right at all times, in our sole discretion and without notice to you, to deny you access to and the use of this Website and Services.

Permitted Use

1. You duly acknowledge and agree that:
  1. Your use of this application is subject to and governed by these Terms of Use;
  2. You will only access or use this Website and transact business with us if you are at least eighteen (18) years of age;
  3. You will comply with and be bound by these Terms of Use as they appear on this Website each time you access and use the website;
  4. Each use of this Website by you indicates and confirms your authorization to be bound by the agreement of these Terms of Use; and
  5. these Terms of Use are a legally binding agreement between you and FlexPoint, Inc. and which will be enforced against you

Prohibited Uses

1. You duly acknowledge and agree that you are prohibited from using the Website and the Services in any way that:
  1. Is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or in a manner that the Company deems in its sole discretion to be inappropriate;
  2. Violates any Laws;
  3. Interferes with or induces breach of contractual relationships with OnY Glo and its employees;
  4. Impairs or limits our ability to operate this Website and Services or any other person’s ability to access and use this Website and Services;
  5. Harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
  6. Harms, threatens, harasses, abuses or intimates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates, or tends to incite the commission of crimes or unlawful activities;
  7. Transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harrassing, or otherwise objectionable content or images;
  8. Dilutes or depreciates, whether intentional or not, the the name and reputation of FlexPoint, Inc., its subsidiaries, and affiliates as applicable;
  9. Suggests an express or implied affiliation or broker relationship with FlexPoint, Inc. without the express written permission of FlexPoint, Inc.;
  10. Accesses, collects or stores personal information about others;
  11. Violates or infringes the rights of anyone else, including, for example, another person’s right to privacy or intellectual property rights of the Company or a third party;
  12. Impersonates any person, business, entity, or IP address (e.g., IP spoofing);
  13. Involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any Law;
  14. Constitutes data mining, data gathering/harvesting, data extraction, advertising, marketing or promotional activities, or involves spam, phishing or other unsolicited messages;
  15. Misuses, reproduces, duplicates, copies, sells, resells, makes any derivative use of, or otherwise exploits any information, material, software, products, the Website or Services for any commercial purpose without prior, express written consent of the Company;
  16. Uses any meta tags or any other “hidden text” utilizing any Company person’s name or trademarks without the prior, express written consent of such Company Person;
  17. Gains or tries to gain unauthorized access to the Services, Website, associated computers and networks, or user data, or that otherwise modifies or interferes with the use or operation of the Website or the Services;
  18. Gains or tries to gain unauthorized access to any software contained in the Website or the Services, including by reverse engineering software or installing software not approved by the Company;
  19. Imposes an unreasonable or disproportionately large load on any Company Person’s infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
  20. Alters, damages, or deletes any materials or content provided by the Company;
  21. Frames or utilizes framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any Company Person without prior, express written consent of such Company Person;
  22. Unlawfully transmits or uploads confidential, proprietary or trade secret information;
  23. Uploads, transmits or shares with the Website or the Services any computer viruses or other disruptive, damaging or harmful files or programs; or
  24. Otherwise violates these Terms or any other guidelines or policies provided by the Company, including the Privacy Policy and any other Policies.
2. The information provided on this Website is not intended for distribution or, or use by, any person in any jurisdiction where such distribution or use would be contrary to applicable laws. You agree to not visit, access, use or attempt to visit, access or use the Website and Services from any location under sanctions by the Office of Foreign Assets Control (OFAC) or any country where such use would be prohibited by applicable laws. Information regarding which locations and countries are under sanctions may be found via the U.S. Department of Treasury.

Privacy

1. FlexPoint, Inc. takes your privacy seriously. Protecting the online privacy and security of consumers’ personal information is an important part of the way FlexPoint, Inc. demonstrates trustworthiness and care for our clients and users of this Website. Federal and State law (“the Law”) requires us to tell you how we collect, use, share, and protect your personal information. The Law also limits how we can use your personal information. Please read our Online Privacy Policy carefully to understand what we do with the personal information we collect both online and offline and to understand how we govern your visit to this Website. We take all foreseeable precautions to safeguard your non-public private information.

Intellectual Property Rights

1. The following marks appearing on this application, including, but not limited to: any trademarks we have to be entered
2. You may not reproduce, modify, create derivative works of or from, display by any method, frame, perform, publish, transmit, broadcast, distribute, disseminate or circulate any such pieces to any third party without the express permission of FlexPoint, Inc.

Links

1. We have not reviewed all of the sites linked to the Website (which may or may not be affiliates of FlexPoint, Inc.) and are not responsible for the content, reliability or accuracy of any such linked sites. We offer the third party links for your convenience and any such third party link on the Website does not imply affiliation, control, approval, sponsorship or endorsement by us of any such links or the available content at such links, including, but not limited to, the additional sites that may be linked to the site links. Furthermore, we do not monitor or investigate any of the third party links for accuracy or reliability. You agree that use of any such links, sites, or content (collectively, “Links”) is at your sole risk and that your access to such sites is governed by the terms of use and policies and procedures of such sites and shall not be governed by these Terms. In no event shall we be liable to you or any other third party for any direct, indirect, special or consequential Damages resulting from your use of any linked sites.

Website Content and Material and Updates to Terms and Conditions

1. Terms Updates: FlexPoint, Inc. strives to keep our Website current and robust and we are continuously adding features and functionality to improve. As a result, we may make changes to our Terms and Conditions posted on this Website. In addition, there may be changes in the law or technology that require these changes, and when these events occur, you may also experience changes on our Website. We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms on the Website periodically to familiarize yourself with any changes to these Terms (“Updated Terms”). Such changes to these Terms shall be effective immediately upon posting to the Website. If there is a conflict between these Terms and any future Updated Terms, the Updated Terms will control over these Terms. Your inaction or continued use of the Website or the Services, including logging into an applicable account after Updated Terms are posted to the Website, will constitute your agreement to the Updated Terms.
2. Availability of Services: Not all services offered on the Website are available in all geographic locations. Eligibility for certain Services may depend on final determination by us.
3. Consent to Data Transfer: You acknowledge that we may disclose and transfer any information that you provide through this Website (i) to any affiliate or any FlexPoint, Inc. Persons; (ii) to any other person or entity in accordance with the Privacy Statement; or (iii) to comply with laws and regulations, legal investigations, contractual obligations, and our own internal policies; and (iv) as otherwise described in the Privacy Statement. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded, as further described in the Privacy Statement. Anyone using this Website expressly consents to such monitoring, tracking and recording.

Submissions and Testimonials

1. You duly acknowledge and agree that all submissions and/or testimonials submitted to FlexPoint, Inc. will immediately become the exclusive property of FlexPoint, Inc. Thereby, FlexPoint, Inc. is irrevocably granted without need for notice, compensation, or any obligation derivative to use your submissions and testimonials in part or whole and via any medium in connection with any advertisement or for any publicity purposes. Furthermore, FlexPoint, Inc. retains unrestricted right to use, publish, and commercially exploit, identical, similar, or otherwise derivative ideas that may have originated from your submissions and/or testimonials.

Limitations of Liability

1. To the maximum extent permitted by applicable laws, you hereby waive and release FlexPoint, Inc. persons from any liability for any and all losses, liabilities, damages (including punitive and exemplary damages), fines, penalties, interest, claims, and expenses (including taxes), and all related costs (including legal fees and disbursements and costs of investigation, litigation, experts, settlement, judgment, interest and penalties) (collectively, “Damages”) arising out of or in connection with the Website and Services even if Damages are a result of the acts, omissions or negligence by FlexPoint, Inc. You expressly agree that your use of this Website is at your sole risk. Under no circumstances shall FlexPoint, Inc. be liable for Damages of any kind arising in connection with; your access to, use of or inability to use this Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, including, but not limited to, direct, indirect, incidental, consequential and punitive damages, even if FlexPoint, Inc. or an authorized representative has been advise of the possibility of such damages.
2. FlexPoint, Inc. does not make any warranty of any kind, regardless of services and offers made available through the Website and Services, including, but not limited to, all representations and warranties provided by FlexPoint, Inc. or its subsidiaries. Services are offered on an “as is”, “where is”, and “where available” basis with no warranty of any kind whether expressed, implied or statutory, including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular use. We do not warrant that the Website and Services will be uninterrupted or error free. Nor do we put forth any warranty as to the timeliness, sequence, completeness, or results that may be obtained from use of the Website and Services.

Indemnification

1. You duly agree that if you make any unauthorized use of this Website or violate any of the Terms, you may be in violation of United States laws, such as, but not limited to, copyright and state laws. Thereby you may be responsible for any damages caused to FlexPoint, Inc., its subsidiaries, and affiliates, as applicable, by your actions.

Applicable Law

1. By using this Website and Services you duly agree that any legal action, proceeding, or lawsuit brought by you that in any way arises out of the Terms or your use of the Website and Services must be brought solely and exclusively in the state or federal courts located in the State of California. Terms and Conditions shall be governed by and construed in accordance with the substantive and procedural laws of the State of California, without giving effect to the principles of conflicts of law or choice of law thereof.

Severability

1. You agree that if any provision of these Terms is found to be unlawful, void, or for any reason not enforceable, then that provision shall be deemed severable from the other provisions and shall not affect the validity and enforceability of such other provisions.

Additional Rights

1. FlexPoint, Inc. retains all rights that are not otherwise expressly granted in these Terms.

Contact Information

1. Please visit the Contact Us page for more information on how to get in touch with us.

FlexPoint, Inc NMLS #243082, California DFPI Finance Lenders Law License #603E309, California Real Estate Corporation DRE License Endorsement #01206008, Arizona Mortgage Banker License #0948197 FlexPoint, Inc. Colorado Mortgage Company Registration, Florida Mortgage Lender Servicer License #MLD1969, Nevada Mortgage Company License #4548. New Mexico Mortgage License approved, Oregon “Licensed by the Oregon Division of Financial Regulation of the Department of Consumer and Business Services. For consumer complaints, call us at 888-877-4894 or go to dfr.oregon.gov.” The posting of this notice complies with the requirements of ORS 725.160, 725A.032, 86A166, and 86A.309.Consumer Access Site. ©2022

“CONSUMERS WISHING TO FILE A COMPLAINT AGAINST A MORTGAGE BANKER OR A LICENSED MORTGAGE BANKER RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD COMPLETE AND SEND A COMPLAINT FORM TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT FORMS AND INSTRUCTIONS MAY BE OBTAINED FROM THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV<http://WWW.SML.TEXAS.GOV>. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550. THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED MORTGAGE BANKER RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND, PLEASE CONSULT THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV.

Terms of Use

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