Version Date: February 20, 2024

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy (Below), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Landline Financial Services, LLC and its affiliated companies, Websites, applications and tools (collectively, Landline Financial Services, LLC, “Company” or “we” or “us” or “our”), concerning your access to and use of the https://www.landlinefinancialservices.com/ Website(s) as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following service: Real estate mortgage and investment banking (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference. 

Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites 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 law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

PURCHASES; PAYMENT

Landline Financial Services, LLC may offer free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites If you wish to try our free options please read through them carefully first. Landline Financial Services, LLC will bill you through an invoice for our Services. By using our paid options you agree to pay Landline Financial Services, LLC all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Landline Financial Services, LLC to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Landline Financial Services, LLC reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

REFUND AND RETURN

All sales are final and no refunds shall be issued.

USER REPRESENTATIONS

Regarding Your Registration

By using the Landline Financial Services, LLC Services, you represent and warrant that: 

A. all registration information you submit is truthful and accurate;

B. you will maintain the accuracy of such information;

C. you will keep your password confidential and will be responsible for all use of your password and account;

D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and

E. your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.

Regarding Content You Provide

We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Landline Financial Services, LLC will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Landline Financial Services, LLC and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;

D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Landline Financial Services, LLC), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Landline Financial Services, LLC an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We will not use your contribution in a way that infringes on your rights and always process your personal information lawfully and with your consent.

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

MOBILE APPLICATION LICENSE

Use License

If you are accessing the Landline Financial Services, LLC  Services via a mobile application, then Landline Financial Services, LLC  grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Landline Financial Services, LLC or other intellectual property of Landline Financial Services, LLC in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Landline Financial Services, LLC Services. You acknowledge that this Agreement is concluded between you and Landline Financial Services, LLC only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Landline Financial Services, LLC, not an App Distributor, is solely responsible for the Landline Financial Services, LLC application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Landline Financial Services, LLC application is limited to a non-transferable license to use the Landline Financial Services, LLC application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Landline Financial Services, LLC is solely responsible for providing any maintenance and support services with respect to the Landline Financial Services, LLC application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Landline Financial Services, LLC application. (3) WARRANTY: Landline Financial Services, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Landline Financial Services, LLC  application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Landline Financial Services, LLC application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Landline Financial Services, LLC application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Landline Financial Services, LLC  sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Landline Financial Services, LLC, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Landline Financial Services, LLC application or your possession and/or use of the Landline Financial Services, LLC application, including, but not limited to: (i) product liability claims; (ii) any claim that the Landline Financial Services, LLC application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Landline Financial Services, LLC application or your possession and use of the Landline Financial Services, LLC application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Landline Financial Services, LLC application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Landline Financial Services, LLC application. (8) THIRD PARTY BENEFICIARY: Landline Financial Services, LLC and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.  

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Landline Financial Services, LLC Services (“Submissions”) provided by you to Landline Financial Services, LLC are non-confidential and Landline Financial Services, LLC (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Sites for any other purpose other than that for which Landline Financial Services, LLC makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Landline Financial Services, LLC. Prohibited activity includes, but is not limited to:  

A. using the Sites in a manner inconsistent with any and all applicable laws and regulations 

B. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau 

C. using any information obtained from the Sites in order to harass, abuse, or harm another person 

D. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company 

E. selling or otherwise transferring your profile 

F. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses 

G. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites 

H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you 

I. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software 

J. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools 

K. deleting the copyright or other proprietary rights notice from any Sites’ content 

L. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites 

M. criminal or tortious activity 

N. attempting to impersonate another user or person or using the username of another user 

O. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites 

INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“Landline Financial Services, LLC Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Landline Financial Services, LLC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Landline Financial Services, LLC Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Landline Financial Services, LLC graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Landline Financial Services, LLC in the United States and/or other countries. Landline Financial Services, LLC trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Landline Financial Services, LLC. 

Landline Financial Services, LLC Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Landline Financial Services, LLC Content and to download or print a copy of any portion of the Landline Financial Services, LLC Content to which you have properly gained access solely for your personal, non-commercial use. Landline Financial Services, LLC reserves all rights not expressly granted to you in and to the Sites and Landline Financial Services, LLC Content and Marks. 

THIRD PARTY WEBSITES AND CONTENT

The Sites contains (or you may be sent through the Sites or the Landline Financial Services, LLC Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Landline Financial Services, LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

Landline Financial Services, LLC reserves the right but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;

B. take appropriate legal action against anyone who, in Landline Financial Services, LLC sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

C. in Landline Financial Services, LLC sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Landline Financial Services, LLC policy;

D. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Landline Financial Services, LLC ‘s systems;

E. otherwise manage the Sites in a manner designed to protect the rights and property of Landline Financial Services, LLC and others and to facilitate the proper functioning of the Sites.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION. 

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. 

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services. 

DISPUTES

Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.  

With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to Sites or the Company Services shall be governed and construed by the laws of the State of Minnesota, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Sites and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Cook County, State of Minnesota; subject, however, to the right of Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Sites and/or the Company Services (including your visit to or use of the Sites and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.  

CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. 

DISCLAIMERS

Company cannot control the nature of all of the content available on the Sites. By operating the Sites, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Sites, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.  

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Landline Financial Services, LLC 

PO Box 242 

Richfield, MN 55423 

Email: info@landlinefinancialservices.com 

Phone: 877-792-0883

State of Minnesota

Rev. 13461BC

PRIVACY NOTICE

Version Date: August 01, 2021

1. GENERAL

Landline Financial Services, LLC (“Landline Financial Services, LLC” or “we” or “us” or “our”) respects the privacy of everyone (“Sites’ visitor” “user” or “you”) that uses our website at www.landlinefinancialservices.com, as well as other device or online applications related or connected thereto (collectively, the “Sites”).

The following Landline Financial Services, LLC Privacy Notice (“Privacy Notice”) is designed to inform you, as a user of the Sites, about the types of personal information that Landline Financial Services, LLC may gather about or collect from you in connection with your use of the Sites. It also is intended to explain the conditions under which Landline Financial Services, LLC uses and discloses that personal information, and your rights in relation to that personal information.

The Sites are hosted in the United States and is subject to U.S. state and federal law. If you are accessing our Sites from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Sites, you are agreeing to that transfer and use of your personal information in accordance with this Privacy Notice. You also agree to abide to the applicable laws of the State of Minnesota and U.S. federal law concerning your use of the Sites and your agreements with us. If your use of the Sites would be unlawful in your jurisdiction, please do not use the Sites.

Company Information

Landline Financial Services, LLC

PO Box 242

Richfield, MN 55423

Email: info@landlinefinancialservices.com

Phone: 877-792-0883

2. HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

Landline Financial Services, LLC gathers personal information from users of the Sites. When you browse our Sites, subscribe to our services or contact us through various social or web forms you are voluntarily sharing personal information with us. This personal information also includes various data that we collect automatically. This may be the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the Sites the user views right before arriving at, while navigating and immediately after leaving the Sites. It may also include various technical aspects of user’s computer or browser and users browsing habits that are collected through cookies. Landline Financial Services, LLC may analyze various mentioned personal information gathered from or about users to help Landline Financial Services, LLC better understand how the Sites are used and how to make them better. By identifying patterns and trends in usage, Landline Financial Services, LLC is able to better design the Sites to improve users’ experiences, both in terms of content and ease of use. From time to time, Landline Financial Services, LLC may also release the anonymized information gathered from the users in the aggregate, such as by publishing a report on trends in the usage of the Sites.

When we believe disclosure is appropriate, we may disclose your information to help investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Landline Financial Services, LLC, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. We will notify you if permitted before undertaking such disclosures.

Landline Financial Services, LLC reserves the right to transfer all information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Landline Financial Services, LLC’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred information will be subject to this Privacy Notice, or to a new privacy notice if you are given notice of that new privacy notice and are given an opportunity to affirmatively opt-out of it.

3. DO WE USE COOKIES?

A “Cookie” is a string of information which assigns you a unique identification that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. We use cookies on the Sites to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Sites and to facilitate purchase procedures. Landline Financial Services, LLC also uses Cookies to track the pages that users visit during each of the Sites’ sessions, both to help Landline Financial Services, LLC improve users’ experiences and to help Landline Financial Services, LLC understand how the Sites is being used. As with other personal information gathered from users of the Sites, Landline Financial Services, LLC analyzes and discloses in aggregated form information gathered using Cookies, so as to help Landline Financial Services, LLC, its partners and others better understand how the Sites is being used. SITES’ USERS WHO DO NOT WISH TO HAVE COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE SITES, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE SITES MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. SITES’ USERS WHO REFUSE COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Landline Financial Services, LLC currently uses the following cookies on the Sites:

•  Strictly Necessary Cookies: ssr-caching XSRF-TOKEN hs svSession bSession  

4. DO WE SHARE YOUR PERSONAL INFORMATION?

General Provisions

Landline Financial Services, LLC contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing any personal information received from Landline Financial Services, LLC, other than in accordance with this Privacy Notice. These third parties may include advertisers, providers of games, utilities, widgets and a variety of other third-party applications accessible through the Sites. Landline Financial Services, LLC neither owns nor controls the third-party websites and applications accessible through the Sites. Thus, this Privacy Notice does not apply to personal information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on the Sites, directly through the Sites or otherwise, and before providing any personal information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for those Sites or applications, and should take those steps necessary to, in those users’ discretion, protect their privacy.

Analytics

We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Sites, including Google Analytics for Display Advertising. The personal information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any personal information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads).

Social Media

We may use hyperlinks on the Sites which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button or Twitter’s “tweet” button that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons none of your data will be sent to the respective social network’s plugin providers. To illustrate this further, imagine the scenario where you click on the Facebook’s “Like” button on the Sites. Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Sites. Settings regarding privacy protection can be found on the websites of these social networks and are not within our control.

Third-Party Service Providers

We may share your personal information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Sites’ functionality and supporting contests, sweepstakes, surveys and other features offered through the Sites. We may also share your name, contact personal information and credit card personal information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such personal information for any other purpose. You can contact us to receive our current list of providers.

If you have opted in to receiving marketing communication from us then Landline Financial Services, LLC may provide your personal information to third parties, with your consent, so that those third parties may directly contact you about additional products and services. To cease having your personal information used for marketing communication purposes, you can:

•  Opt out by clicking on the unsubscribe button found in the footer of our emails

5. MOBILE DEVICE ADDITIONAL TERMS

•  Mobile Device. If you use a mobile device to access the Sites or download any of our applications, we may collect device personal information (such as your mobile device ID, model and manufacturer), operating system, version personal information and IP address.

•  Geo-Location Personal Information. Unless we have received your prior consent, we do not access or track any location-based personal information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Landline Financial Services, LLC to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

•  Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

•  Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record personal information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the personal information we store within the analytics software to any personal information you submit within the mobile application.

6. SECURITY

We take the security of your personal information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your personal information. We are not responsible for third-party circumvention of any privacy settings or security measures.

We are dedicated to protect all personal information on the Sites as is necessary. However, you are responsible for maintaining the confidentiality of your personal information by keeping your password and computer/mobile device access confidential. If you have an account with Landline Financial Services, LLC and believe someone has gained unauthorized access to it or your account please change your password as soon as possible. If you lose control of your account, you should notify us immediately.

7. PRIVACY RIGHTS – EU USERS

If you reside in the European Union (EU), United Kingdom (UK), Switzerland, Norway, Lichtenstein, or Iceland, you have certain data protection rights under your local laws.

These rights may include:

•  The right to request access and obtain a copy of your personal information

•  The right to request edits or erasure of your personal information

•  The right to limit the processing of your personal information

•  Data portability right (if applicable)

•  The right to object to the processing of your personal information

If Landline Financial Services, LLC relies on your consent to process your personal information, you have the right to withdraw your consent at any time. However, please note that this will not alter the validity of the processing before its withdrawal.

If you wish to exercise any of the mentioned rights please contact us by email at info@landlinefinancialservices.com, or by referring to the contact details at the bottom of this Privacy Notice. Landline Financial Services, LLC has 30 days to respond to your request.

If you are not satisfied with Landline Financial Services, LLC’s handling of your privacy concerns please note that you have the right to complain to your local data protection supervisory authority.

List of EU supervisory authorities: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Switzerland supervisory authority: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have any questions or comments about your privacy rights, you may email us at info@landlinefinancialservices.com.

8. PRIVACY RIGHTS – CALIFORNIA USERS

Do Not Sell My Personal Information Notice – California Consumer Privacy Act (CCPA)

Landline Financial Services, LLC has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Landline Financial Services, LLC will not sell personal information in the future belonging to Sites’ visitors, users and other consumers.

If you are under 18 years of age

If you have registered account with Landline Financial Services, LLC, you have the right to request the removal of unwanted personal information that you publicly post on our Sites. To request the removal of such information, please contact us using the contact information provided below. Make sure to include your account’s email address and a statement that you reside in California.

“Shine the Light Law”

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, personal information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this personal information would include a list of the categories of the personal information that was shared and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to the address listed below.

9. CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Sites represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a user under 13 years of age on or through the Sites, then we will take the appropriate steps to cause this personal information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Sites or has otherwise transferred personal information to the Sites, please contact Landline Financial Services, LLC using our contact personal information below to have that child’s account terminated and personal information deleted.

10. DO-NOT-TRACK NOTICE 

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Sites currently do not respond to DNT browser signals or mechanisms.

11. GOVERNING LAW

Disputes over privacy issues contained in this Privacy Notice will be governed by the law of the State of Minnesota. You also agree to abide by any limitation on damages contained in our Terms of Use, or other agreement that we have with you.

12. PRIVACY NOTICE CHANGES

Landline Financial Services, LLC may, in its sole discretion, change this Privacy Notice from time to time. Any and all changes to Landline Financial Services, LLC’s Privacy Notice will be reflected on this page and the date of the new version will be stated at the top of this Privacy Notice. Unless stated otherwise, our current Privacy Notice applies to all personal information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Notice. Landline Financial Services, LLC will always post new versions of the Privacy Notice on the Sites. However, Landline Financial Services, LLC may, as determined in its discretion, decide to notify users of changes made to this Privacy Notice via email or otherwise. Accordingly, it is important that users always maintain and update their contact personal information.

13. CONTACT

If you have any questions regarding our Privacy Notice, please contact us at:

Landline Financial Services, LLC

PO Box 242

Richfield, MN 55423

Email: info@landlinefinancialservices.com

Phone: 877-792-0883