Terms and Conditions
Terms and Conditions
Last Modified: 03/28/2023
TERMS AND CONDITIONS OF USE
These Terms and Conditions of use are entered into by and between You and Kornerstone Credit Services, LLC, and its affiliates, with a principal place of business at 406 W. South Jordan Pkwy, Suite 600, South Jordan, UT 84095 (“Kornerstone", “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of kornerstonecredit.com, portal.Kornerstonecredit.com, and dealers.Kornerstonecredit.com (the “Site(s)”), whether as a guest or a registered user.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site.
- We agree to provide you access to the Site in accordance with the Terms and Conditions.
- You agree to use the Site in a manner consistent with the Terms and Conditions and all applicable rules and regulations. You acknowledge that you have read the Terms and Conditions and that you accept the terms thereof. You agree to read these Terms and Conditions carefully before using the Site. If you do not agree to the Terms and Conditions, you may not access or otherwise use the Site.
- You accept that the Site is provided on an “as is, as available” basis. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
- If you chose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms and Conditions.
- The materials included in the Site are for general information purposes only and do not constitute legal advice. The advertised transactions are part of a lease-purchase agreement (or in specified states, a lease agreement with an option to purchase; a consumer rental-purchase agreement; a rent-to-own agreement; a consumer lease-purchase agreement). Not available in WI, MN, VT, NJ. Retailer participating locations only. You will not own the merchandise until the total amount necessary to acquire ownership is paid in full or you exercise your Early Buyout purchase option. Ownership is optional. Some restrictions apply. Not intended to be a substitute for obtaining legal advice from legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. Kornerstone does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Kornerstone reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
- YOUR ACCESS TO AND USE OF THE SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.
- The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You are authorized to download one copy of the material displayed or performed on the Site (“Content”) on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on the Site are protected by copyright, and are owned or controlled by Kornerstone or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Kornerstone or the copyright holder identified in the individual Content’s copyright notice.
- Subject to the above, you may not modify, copy, download, distribute, republish or upload any of the material on the Site in any way unless you obtain the prior written consent of Kornerstone. No intellectual property or other rights shall be transferred to you through your use of the Site. We are not able to confirm that the materials contained on these web pages are correct in every case. Kornerstone reserves the right to make changes to the Site in its sole discretion, including but not limited to the availability of any feature, database, Content, web page materials, product information and prices on the Site at any time without notice or liability. Kornerstone may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
- You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, distribute, or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
- You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (c) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation, (d) to impersonate or attempt to impersonate Kornerstone, a Kornerstone employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), (e) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Kornerstone or users of the Site, or expose them to liability.
- Additionally, you agree not to: (a) Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site, (b) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, (c) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent, (d) use any device, software, or routine that interferes with the proper working of the Site, (e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, (g) attack the Site via a denial-of-service attack or a distributed denial-of-service attack, (h) otherwise attempt to interfere with the proper working of the Site.
- You acknowledge that transmissions to and from the Site are not confidential, and your Communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting Communications to Kornerstone, no confidential, fiduciary, contractually implied, or other relationship is created between you and Kornerstone other than pursuant to these Terms and Conditions and any subsequent written agreement entered into with Kornerstone.
- THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS, AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Kornerstone AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, Kornerstone AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kornerstone DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kornerstone AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL Kornerstone BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
- You hereby agree to indemnify, defend and hold Kornerstone, its affiliates, licensors, and service providers, and its and their respective officers, directors, owners, agents, employees, contractors, suppliers, information providers, successors, assigns, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Kornerstone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Kornerstone.
- Where we provide hypertext links from or to third party sites, we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
- The terms and conditions of use in this Terms and Conditions are subject to change at any time. You should review the Terms and Conditions regularly for any changes.
- Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.
- The Site, any information provided from it and the Terms and Conditions are given and made in the state of Utah, United States of America. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site form outside the United States, you do so on your own initiative and are responsible for compliance with local laws. THIS TERMS AND CONDITIONS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS AND CONDITIONS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE COUNTY IN THE STATE OF UTAH.
- No waiver by Kornerstone of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kornerstone to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
MOBILE TERMS OF SERVICE:
- Kornerstone may send SMS messages from time to time with important information regarding your account or with offers and marketing information that you have opted into.
2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com by calling 888-521-5111.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
We may change our Terms and Conditions from time to time. We will notify you of any material changes to our Terms and Conditions as required by law. We will also post an updated copy on our Sites. Please check periodically for updates.