PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. The following are terms of a legal agreement (the “Agreement”) between you and SET Financial Corporation (“SET”) that sets forth the terms and conditions for your use of this web site (the “Site”). The Site is owned and operated by SET. By accessing, browsing and/or using the Site, you (“User” / “Users”), acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

 

LIMITATIONS OF USE

You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of SET. You acknowledge that the Content is and shall remain the property of SET. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable state or federal law, regulation, rule or ordinance or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into one of SET’s “Secure Portals”, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.

 

ONLINE PORTALS

SET offers a “borrower portal” for purpose of applying for and managing loan applications, active accounts, and updating personally identifiable information and account settings. We recommend that users routinely update their password and do not share it with any 3rd parties. Once a user applies for a loan online or creates an online account, they become an “online portal user”.

SET offers a “dealer portal” for purpose of allowing authorized retail partners the ability to submit and track sales finance applications for consumers, that potentially need financing, and that have authorized the retailer to do so with SET. We recommend that users routinely update their password and do not share it with any, co-workers, affiliates, or 3rd parties.

 

CONTENT AND USE RESTRICTIONS

You agree not to upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any SET User, loan applicant, active or non active borrower, employee or retail partner; including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, Business Entity names, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site.

You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising of any kind.

 

TRADEMARKS

SET (including the SET logo), SetFinancial.com, and all related logos (collectively the “SET trademarks”) are trademarks or service marks of SET. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by SET or others. Nothing on this Site should be construed as granting the right to use any of the SET trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. SET prohibits use of any of the SET trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance.

 

LINKS TO THIRD-PARTY SITES

This site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). SET cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by SET of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk.

 

DISCLAIMER

INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATIONS, TEXT, GRAPHICS, AND LINKS ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SET, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SET DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. CONTENT IS SUBJECT TO CHANGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATIONS MAY NOT APPLY.

 

LIMITATION ON LIABILITY

IN NO EVENT SHALL SET BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.

 

CONSENT TO DOING BUSINESS ELECTRONICALLY

Online Portal Users, from time to time, receive disclosures, notices, documents and information (“Electronic Communications”) from SET or our respective agents. We can only give you the benefits of our all online service and products by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. Please reference our e-consent agreement. If you prefer not to consent: please leave our Website immediately — do not apply for a loan online at www.setfinancial.com or create/maintain an active online portal account (accessed by logging in here – https://secure.setfinancial.com/login.aspx).

Instead, consider conducting your Set Financial transactions in a local branch with printed paper and wet signatures.

Changes in Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You can contact us by email at cs@setfinancial.com or by writing to us at SET Financial, 761 Crossroads Plz, Fort Mill SC 29708

 

SOUTH CAROLINA RESIDENTS

www.setfinanical.com has a supervised lenders license issued by the State of South Carolina – State Board of Financial Institutions. (http://www.bofi.sc.gov) We also have a consumer credit grantor notification issued to us by the State of South Carolina – Department of Consumer Affairs. (http://www.consumer.sc.gov)

In addition, we have a Department of Consumer Affairs Max Rate Schedule clearly linked to this site and in some cases we are required to provide South Carolina Borrowers a Consumer Rights Brochure. Any User can download a copy of the brochure by clicking here.

 

TEXAS RESIDENTS

SET is no longer doing new business in the State of Texas. However, we are licensed by the State of Texas – Office of Consumer Credit Commissioner. Call the Consumer Credit Hotline or write for credit information or assistance with credit problems. www.occc.state.tx.us.

 

ERRORS AND OMISSIONS

In the event information provided is incorrect due to a typographical error or error in the information we received from vendors or individuals, SET shall have the right to refuse or cancel your request for information or services.

 

MONITORING OF THE SITE

SET has no obligation to monitor the Site; however, you acknowledge and agree that SET has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

SET may also collect and receive the URL you came from, the pages of the SET website that were viewed during a visit, the advertisements you clicked, any search terms that you entered to reach our site, and certain other information regarding your Internet use. See SET’s Privacy Policy for how this information may be used.

We may also make use of “cookie” technology to measure site activity, determine how you arrived at our site and maintain your identity as you navigate through the website. This Site may require cookies to allow you to access your account, apply for a loan, and other activities.

SET may also use third party advertising companies to serve SET’s ads on the Internet. These third party advertising companies also employ cookie technology to measure the effectiveness of ads. To do so, these companies may use information about your visits to Set’s website and other websites. The use of their cookies is subject to their own privacy policy.

 

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to SET through this Site (collectively, “Submissions”) will be deemed and remain the property of SET, and SET is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. SET shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by SET or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting SET’s responsibilities and obligations under its Privacy Policy.

 

USE OF PERSONALLY IDENTIFIABLE INFORMATION

SET’s practices and policies with respect to the collection and use of personally identifiable information are governed by SET’s Privacy Policy.

 

AVAILABILITY

This Site 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 applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by SET to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law. Your eligibility for particular products or services is subject to final determination by SET.

 

TERMINATION

This Agreement is effective until terminated by SET. SET may terminate any user’s access, or suspend any user’s access, to all or part of SetFinancial.com without notice, for any conduct, that SET, in its sole discretion, believes is in violation of any applicable law or is harmful to the interest of another user, third-party provider, merchant, sponsor, licensee, service provider, or our website(s).

The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

 

WAIVER

Failure by SET to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

 

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of South Carolina, without regard to its conflict of laws rules. You agree that you will notify SET in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give SET a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against SET.

 

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with SET.

 

ADDITIONAL TERMS

Certain sections or pages on the Site may contain separate terms/agreements, contracts, certificates, and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

 

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

 

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and SET may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

CONTACTING US

If you have questions regarding the Agreement or the practices of SET, please contact us by e-mail at compliance@setfinancial.com or by regular mail at SET Financial, 761 Crossroads Plz, Fort Mill, SC, 29708 Attention: Compliance.

 

Last Updated: April 23, 2014

SET reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site.