Terms of Service
Last Revised: May 25, 2017
Changes to these Terms
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by Mirador and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and Mirador will do all that is lawful to enforce and protect the Content.
1. Defined Terms
As used in these Terms, the following words shall have the following meanings. “Mirador” includes “Mirador Financial, Inc.”, “Mirador”, “we”, “us” and variations such as “our”. “Services” includes the products, services and software that you order, receive or access as part of the Mirador service that includes matching qualified small business owners with active banks, credit unions, and other lending sources. “Account Information” means information about accounts you maintain at third-party sites, including, as applicable, your accounts at any financial institution, as provided by you to Mirador.
2. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
1. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mirador is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.
2. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.
3. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.
4. No Guarantees. Mirador may not be able to provide matches for every Registered User seeking to use its services. Further, Mirador makes no guarantees as to the number of matches or the ability to obtain business funding.
5. No False Information. You agree to provide accurate, true, current and complete information.
6. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
7. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
3. Proprietary Rights
1. Ownership of Proprietary Information. You hereby acknowledge and agree that Mirador is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
3. License to Provided Content. By providing information or content to any public area of the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant, to Mirador and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
4. User Information
2. Disclosure by Law. You acknowledge and agree that Mirador may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or nor such disclosure is required by applicable law); or (ii) protect or defend Mirador’s, or a third-party’s, rights or property.
3. Information Security. We work hard to protect Mirador and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold.
4. License Regarding Your Content. You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services. However, by submitting your content, including your personal and business information, you hereby grant to Mirador a perpetual, non-exclusive, irrevocable, royalty-free license to: reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for Mirador to make such content available to other trusted companies, organizations, and/or individuals with whom Mirador has a business relationship in order to carry out the performance of the Services. As part of its performance of the Services, Mirador may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.
5. Our Use of Account Information. You authorize us to use your Account Information for all purposes related to the Services, and to have continued access to your financial institution, provided that such access shall be used solely for the purpose of providing the Services to you.
5. Links to Third-Party Websites and Dealings with Advertisers and Sponsors
6. Disclaimer of Warranty
1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MIRADOR PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MIRADOR DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. MIRADOR DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
2. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Mirador, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MIRADOR DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MIRADOR. UNDER NO CIRCUMSTANCES WILL MIRADOR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
7. Limitation of Liability
1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL MIRADOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF MIRADOR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL MIRADOR’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID MIRADOR FOR THE USE OF ANY SERVICES, THE AMOUNT OF US $25.00 OR ITS EQUIVALENT.
2. No Liability for non-Mirador Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MIRADOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
3. Information Verification. Mirador and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that Mirador and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Mirador, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. Mirador reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mirador in asserting any available defenses.
9. Communication and Privacy
10. Term and Termination
This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Mirador may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Mirador reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Terms, you agree that all fees then paid to Mirador by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by ending your use of the Site and the Services and notifying Mirador at firstname.lastname@example.org.
11. Specific Terms Controlling Other Services and Products
Mirador may provide other services and products besides the Services. Additional terms for such other services and/or products will be presented to you prior to your acceptance of such terms and prior to your use of the services and/or products.
12. General Provisions
Controlling Law and Jurisdiction. You agree that Oregon law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Multnomah County, Oregon. You acknowledge and agree that any violation of these Terms may cause Mirador irreparable harm, and therefore agree that Mirador will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Mirador may have for a breach of these Terms.
2. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.
Last Revised: May 25, 2017
· What personally identifiable information is collected by Mirador or by any third party through our site and/or via our products or services
· How Mirador uses this information;
· With whom Mirador may share this information;
· What choices are available to you as a user of the site and/or products and services with respect to the collection, use, and distribution of the information;
· What types of security procedures are in place to protect the loss, misuse or alteration of information under our control; and
· How you can correct any inaccuracies in the information.
Mirador is the sole owner of the information collected on this site or via our products and services. Mirador may collect information from you at the following two different stages:
First, we collect anonymous, aggregate information from all visitors to the site and users of our products and services. This information is never linked to any personally identifiable information and is only used in the aggregate to generate statistical reports about the use of our site, products, and services.
Second, Mirador collects personally identifiable information when you create a Mirador account and when you order Mirador products or utilize certain services. Online account creation may require you to submit the following personal information: name, address, company information, email address, phone number, and certain financial information. Certain personally identifiable information is required if you subscribe to a Mirador newsletter, or sign up to participate in a promotion, sweepstake or survey through the site. Mirador may also receive personally identifiable information from our business partners, credit bureaus, publicly available sources, and other third parties.
Personal Information of Children Under 13
Mirador complies with the requirements of the Children’s Online Privacy Protection Act (COPPA) and the FTC’s Rule interpreting COPPA (16 CFR § 512). This site is not directed to children and does not knowingly collect any personally identifiable information from children under 13 years of age.
Use of Your Personal Information
Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our site and to allow us to provide products and services to you. Mirador will never give your information to, or share your information with, any third party not affiliated with or owned by Mirador, except as permitted by law. Mirador will send personally identifiable information about you to other companies or people when:
· We have your consent to share the information;
· We need to share your information to provide the products or services you have requested;
· We need to send the information to companies who work on behalf of Mirador to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); or
· We respond to subpoenas, court orders, or legal process or find that your actions violate Mirador Terms of Service or any of our usage guidelines for specific products or services.
We store information that we collect through cookies and log files to create a profile of our customers. A profile is stored information detailing how individual customers use the site. Collected information in a profile is tied to the customer’s personally identifiable information. However, your profile is used solely for internal purposes, to help us improve the experience of our customers. We do not share your profile with any third parties.
A cookie is a small text file stored on the customer’s hard drive for an extended period of time. The cookies can be removed by following Internet browser help file directions. Allowing a Mirador cookie to remain on your computer makes it easier for you to log in to and use the site.
Web beacons are electronic images that may be used in our services. We may use web beacons to deliver cookies, count visits, understand usage, and determine whether an email has been opened and acted upon. We do not link the web beacons to any personally identifiable information.
Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP) referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track a customer’s movement in the aggregate and gather broad demographic information for aggregate use. IP addresses, etc are not linked to personally identifiable information.
Disclosure of Personal Information As Required By Law
We will disclose personal information when required by law, or if we have good-faith belief that such action is necessary to (a) comply with current judicial proceedings, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.
In the event that Mirador goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, our customers’ personal information may be part of the assets transferred. Customers will be notified via prominent notice on our site prior to a change of ownership or control of their personal information. If, as a result of the business transaction, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.
This site may contain links to and portions of other sites. Mirador is not responsible for the privacy practices or content of these other sites. When you leave our site or view a portion of a third party’s site through our site, we encourage you to read the privacy statements of each such site. This privacy statement applies solely to information collected by Mirador.
Wherever your personal information may be held within Mirador or on its behalf, we intend to take commercially reasonable and appropriate steps to protect the personal information that you share with us from unauthorized access or disclosure. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information. We use encryption to protect sensitive information online. The servers that store your personally identifiable information are housed in a secure environment. Finally, we also make an effort to protect your information off-line.
When registering for access to a secure area of the site, we may ask you to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered site and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer.
Correcting, Updating, Deleting and Deactivating Personal Information
If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.
Notification of Changes
Mirador may edit this policy from time to time. If we make any substantial changes, we will prominently post a notice on the main page and other pages to alert you of the change.
Your California Privacy Rights
California Civil Code Section 1798.83 permits customers who are California residents to request that Mirador not share their personal data with third parties for such parties’ direct marketing purposes. To make such a request, send an e-mail with “California Privacy” in the subject line to email@example.com or write to us at the address listed below.