2. Changes to the Terms.
We reserve the right to change these Terms at any time, in our sole discretion, and encourage you to review these terms from time to time. If we change these Terms, we will post an updated version with a new effective date. If we make changes in a material way, a notice will be posted within our Site and we may send notice by email if you are a subscriber to our email list. By continuing to access or use our Site after the updated Terms are posted, you agree to abide by the updated Terms. In the event that you do not consent and agree to the updated Terms, you must discontinue use of our Site.
3. Authorized Users.
You must be at least eighteen (18) years of age and reside in the United States of America to access the Services provided on our Site. If you are accessing our Services on behalf of a company, organization, or entity, you are agreeing to these Terms on their behalf.
4. Limitations on Use.
While using the Site, you may not perform actions that could interfere with or otherwise adversely affect the proper functioning of the Site. Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper, or other automated means to access our Site for any purpose without prior express written permission from Pinecone; (b) take any action that imposes, or may impose, in Pinecone’s sole discretion, an unreasonable or disproportionately large load on Pinecone’s infrastructure; (c) bypass any measures Pinecone may use to prevent or restrict access to the Site; or (d) use the Site to send altered, deceptive, or falsely-sourced information, including, without limitation, by forging TCP-IP packet headers or email headers.
Pinecone has the right, in its sole discretion, to change, modify, or discontinue any page, feature, or other component or element of the Site or Pinecone Content (as defined below) at any time and for any reason, with or without prior notice to you. Pinecone reserves the rights to restrict your access to some or all of the Site or Services at any time for any reason with or without prior notice to you. Pinecone further reserves the right to charge fees for access to some or all of its Site or Services. Pinecone will try to provide advance notice of fee changes where practical. You agree that these Terms will apply to any upgrades, changes, or modifications to our Site or the Pinecone Content.
Any unauthorized or prohibited use of the Site, Services or Pinecone Content may subject you to civil liability and criminal prosecution under applicable state and federal law.
5. Commercial Users
If you are using or accessing our Site for business purposes, you are a “Commercial User.” Commercial Users are required to disclose the business affiliation when corresponding with us or submitting information through an input field available on the Site or otherwise.
6. Third Parties.
Our Site and the Services we provide may contain links to websites owned and operated by third parties. If you use these links, you leave our Site. These links are provided solely as a convenience to you and do not imply our endorsement of, or any affiliation with, the owner of the linked website. Pinecone is not responsible for the actions or policies of such third parties and, under no circumstances, will Pinecone be liable for any goods, services, resources, or content of any kind available through third-party dealings or communications, or for any harm or damages related thereto. Before clicking on the third party’s webpage, providing information to such third party, or otherwise entering into a transaction with such third party, you should carefully review that third party’s policies and practices and make sure you are comfortable with them and understand the terms. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
7. Our Services.
Pinecone has no responsibility or obligation to provide you access to the Services. Pinecone reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently,
the Services or any part thereof, or your access thereto (including suspending or disabling your user account), with or without notice. You acknowledge and agree that Pinecone shall not be liable to you for any modification, suspension or discontinuance of the Services, the Site, or your access thereto. Further, Pinecone shall not be liable to you for any loss or liability resulting, directly or indirectly, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
Further, you acknowledge and agree that by contacting us through our Site, you are authorizing us to contact you using the email address you provide and any other contact information instructions. You also acknowledge and agree that our Site is intended to connect you with consumer lending services that are governed by state and federal law and subject to the lending documents, disclosures, and other information that may be provided by any affiliated lender or group. Nothing on our Site or may be construed as an application, commitment to loan, or otherwise.
8. Intellectual Property Rights.
Our Site and our Services, including without limitation, all software code, site architecture and design, interactive features and appearance, all registered and unregistered trademarks, design marks or logos, service marks, and trade names used in connection with our Site or Services (“Marks”), and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements, and the selection and arrangements thereof (individually and collectively, “Pinecone Content”) are the property of Pinecone and/or its assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other intellectual property rights laws. You may not make any use of the Marks or any Pinecone Content without our express, prior written consent.
Subject to these Terms, Pinecone hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to download, store, view, display, and/or redistribute the Pinecone Content solely for noncommercial purposes and solely in connection with your use of our Services in accordance with these Terms. Without limiting the foregoing, you agree not to: (a) sell, resell, lease or the functional equivalent, the Services or any Pinecone Content to a third party; (b) attempt to reverse engineer the Site or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to, the Site, our Services, or the Pinecone Content; ( d) attempt to create materials similar to the Pinecone Content other than in connection with your use of the Site or Services; or (e) reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Pinecone Content to any third party other than through use of the Site. YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS OR OTHER PROPRIETARY RIGHTS IN THE SITE, SERVICES, OR PINECONE CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You agree not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.
9. Choice of Law; Jurisdiction; Waiver of Jury Trial.
The laws of the State of Oregon, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. In the event of any controversy between the parties relating to the Terms, the parties will provide formal notice to the other and will attempt to resolve all disputes informally. Any disputes that are not resolved will be submitted to binding arbitration pursuant to the Oregon Uniform Arbitration Act. Arbitration procedures shall be pursuant to the Oregon Rules of Civil Procedure. The parties will agree on a single arbitrator and, if the parties cannot agree, will petition the court pursuant to ORS 36.600 et seq. The parties expressly waive any right to a trial by jury or class treatment of any claim, demand, or action arising out of or related to the Terms. On the application of either party, the award in the arbitration may be enforced by the order of a court of competent jurisdiction. All arbitration proceedings shall be held exclusively within Deschutes County, Oregon.
10. Warranty Disclaimer.
YOUR USE OF THE SITE AND THE PINECONE CONTENT IS AT YOUR OWN RISK. THE SITE, THE SERVICES, AND THE PINECONE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PINECONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) THE SITE; (b) THE SERVICES; (c) THE PINECONE CONTENT OR ADVERTISING MATERIALS; (d) INFORMATION, SERVICES OR SERVICES AVAILABLE THROUGH THE SITE; OR (e) RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PINECONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES, AND PINECONE CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A
PINECONE HAS NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SITE; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; OR (c) THE ACTIONS OF ANY THIRD PARTY. THE SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES OR OTHER USERS. PINECONE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, PINECONE, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . TO THE FULLEST EXTNENT PERMITTED BY LAW, YOU AGREE TO BE RESPONSIBLE FOR ALL UNAUTHROIZED OR ERRONEOUS TRANSACTIONS INITIATED THROUGH PINECONE.
You agree to indemnify, defend and hold harmless, Pinecone, its suppliers, content providers,
14. Digital Millennium Copyrights Act.
If you are a copyright owner or an agent thereof and believe that any material available on the Site infringes upon your copyrights, you may submit a notification of claimed infringement (“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Pinecone’s agent designated to receive Notifications (“Copyright Agent”) with a notice containing the information described below.
Please note that under 17 U.S.C. § 512(f) any person who knowingly materially misrepresents
that material is infringing may be subject to liability for damages. Please also note that the information provided in a Notification may be forwarded to the person who posted the allegedly infringing material.
All Notifications must include the following (see 17 U.S.C § 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Pinecone to locate the material;
- Information reasonably sufficient to permit Pinecone to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications shall be delivered to the following:
Designated Agent: Karen Malanga
Mail: Pinecone Lending, LLC
Attn: Copyright Agent
P.O. Box 1054
Bend, OR 97701
Or by e-mail to:
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pinecone as a result of the Agreement, these Terms or use of our Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of this Agreement taken as a whole.
Any court holding a provision to be invalid, illegal or unenforceable shall not render the offending provision void or unenforceable, but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.
Pinecone’s failure to act with respect to a breach of this Agreement by you or others does not waive its right to act with respect to subsequent or similar breaches.
The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
In the event of the termination of this Agreement, you agree the following provisions will survive: the provisions regarding limitations on your use of User Content, Pinecone Content, and the Marks, the license(s) you have granted to Pinecone, the limitation on liability, indemnity, warranty disclaimers, and all other provisions for which survival is equitable or appropriate.
This Agreement is the entire agreement between you and Pinecone regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.
17. Contact Us.
If you have any questions about these terms, the Site, the Services, or to resolve a dispute, you can contact Pinecone at:
By mail: Pinecone Lending, LLC
P.O. Box 1054
Bend, OR 97701
By email: Contact Pinecone Lending
Last Updated: February 2019