Please carefully read this Agreement of Terms &
Conditions of Use
("Agreement"). By accessing this Web site and any
pages hereof, you agree to be bound by the terms and
conditions as stated below. This Agreement contains
all claims and disclaimers of warranties and
liability. If you do not agree with the terms and
conditions of this Agreement and Allstate Funding
Corporations Privacy Policy located at
www.afc100.com and on www.afcyes.com ("Privacy
Policy"), do not access or use or www.
This Agreement sets forth the terms and conditions
that apply to your access and use of the Internet
Web sites owned and operated by Allstate Funding
Corporation., a Florida corporation ("AFC HARDMONEY.")
and its affiliates, including, but not limited, to
the Web sites located at URL www.AFC100.com and/or
www.AFCYES.COM ("www.AFCHARDMONEY.com "). By
visiting, using and/or submitting information to
www.afc100.com and/or www.afcyes.com, you agree to
be bound by the terms and conditions of this
Agreement and Allstate Funding Corporation’s Privacy
Policy, including any changes or revisions to this
Agreement, and Allstate Funding Corporation’s
Privacy Policy, which Allstate Funding Corporation,
in its sole discretion, may make in the future.
Your Compliance with this Agreement
You represent that you have the capacity to be bound
by this Agreement, or if you are acting on behalf of
a company or other entity, you have the authority to
bind such company or entity. In order to determine
your compliance with this Agreement, Allstate
Funding Corporation may monitor your access and use
of www.afcyes.com and/or www.afc100.com in
accordance with Allstate Funding Corporation’s
Privacy Policy.
Your Access and Use of www.afcyes.com and/or
www.afc100.com
Your right to access and use
www.afcyes.com
and/or www.afc100.com
is personal to you and is not transferable by you to
any other person or entity. You are only entitled to
access and use
www.afcyes.com
and/or www.afc100.com
for lawful purposes and pursuant to the terms and
conditions of this Agreement and Allstate Funding
Corporation’s Privacy Policy.
Your access and use of www.afcyes.com and/or
www.afc100.com
may be interrupted from time to time for any of
several reasons, including, without limitation, the
malfunction of equipment, periodic updating,
maintenance or repair of
www.afcyes.com
and/or www.afc100.com
or other actions that Allstate Funding Corporation
in its sole discretion, may elect to take. Allstate
Funding Corporation reserves the right to suspend or
discontinue the availability of
www.afcyes.com
and/or www.afc100.com
and/or any portion or feature of
www.afcyes.com
and/or www.afc100.com
at any time in its sole discretion and without prior
notice.
Any action by you that, in Allstate Funding
Corporation’s sole discretion: (i) violates the
terms and conditions of this Agreement and/or
Allstate Funding Corporation’s Privacy Policy; (ii)
restricts, inhibits or prevents any access, use or
enjoyment of www.afcyes.com and/or www.afc100.com;
or (iii) through the use of www.afcyes.com and/or
www.afc100.com, defames, abuses, harasses, offends
or threatens, will not be permitted, and may result
in your loss of the right to access and use
www.afcyes.com and/or www.afc100.com. You will not
META tag, provide links to, or frame www.afcyes.com
and/or www.afc100.com without the prior express
written permission of Allstate Funding Corporation.
Public Forums
www.afcyes.com and/or www.afc100.com may act as a
venue, through its chat rooms, bulletin boards and
other forums (collectively, the "Forums"), allowing
the public to contribute information and make
statements. Allstate Funding Corporation is not
involved in the actual transmission of information
and statements provided for in the Forums. As a
result, Allstate Funding Corporation does not
approve or endorse any information or statements in
the Forums, and you hereby acknowledge and agree
that Allstate Funding Corporation. has no control
over the quality, correctness, timeliness, safety,
truth, accuracy or legality of any information
provided for by you or any other person or entity in
the Forums. You may find information posted in the
Forums by other users to be offensive, harmful,
inaccurate or deceptive. Please use caution and
common sense, and do not rely solely on information
or statements published in the Forums. Without
limiting the generality of the foregoing, and
although Allstate Funding Corporation does not
regularly review information provided for in the
Forums, Allstate Funding Corporation reserves the
right, but not the obligation, to remove or edit any
information in the Forums.
Immediately report problems with the Forums to
Allstate Funding Corporation to
support@afc100.com
Transmissions, Submissions and Postings to
www.afcyes.com and/or www.afc100.com
If you transmit, submit or post information to
www.afcyes.com and/or
www.afc100.com
that is not federally trademarked and/or
copyrighted, you automatically grant Allstate
Funding Corporation. and its affiliates the
worldwide, fully paid, royalty-free, exclusive right
and license to use, copy, format, adapt, publish
and/or incorporate any or all such information in
any media whatsoever, including, without limitation,
the Content (as defined below). Provided that you
have obtained prior written permission from Allstate
Funding Corporation to transmit, submit or post
information to www.afcyes.com and/or
www.afc100.com
that is federally trademarked and/or copyrighted,
you automatically grant Allstate Funding Corporation
and its affiliates the worldwide, fully paid,
royalty-free right to use, copy, format, adapt,
publish and/or incorporate any or all such
information in any media whatsoever, including,
without limitation, the Content.
You shall not transmit, submit or post the following
to www.afcyes.com and/or www.afc100.com:
(1) Information that infringes Allstate
Funding Corporation’s or any third party's
copyright, patent, trademark, trade secret or other
proprietary rights;
(2) Information that violates any law,
statute, ordinance or regulation;
(3) Information that is trade-libelous,
unlawfully threatening, unlawfully harassing,
defamatory, obscene, explicit or vulgar, or
otherwise injurious to Allstate Funding Corporation.
or third parties or that infringes on Allstate
Funding Corporation’s or any third party's rights of
publicity or privacy;
(4) Information that contains any viruses,
worms, Trojan horses, trap doors, back doors, easter
eggs, time bombs, cancel bots or other code or
computer programming routines that contain
contaminating or destructive properties or that are
intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information;
(5) Information containing or constituting
chain letters, mass mailings, political campaigning,
or any form of "spam";
(6) Information that is false, inaccurate or
misleading;
(7) Commercial advertisements or
solicitations without written permission from
Allstate Funding Corporation.; or
(8) Federally trademarked and/or copyrighted
information without written permission from Allstate
Funding Corporation.
Although Allstate Funding Corporation does not
regularly review your transmissions, submissions or
postings, Allstate Funding Corporation reserves the
right (but not the obligation) to edit, refuse to
post or remove your transmissions, submissions or
postings. Pursuant to Allstate Funding Corporation’s
Privacy Policy, Allstate Funding Corporation may
review transmissions, submissions or postings made
by you to determine, in its sole discretion, your
compliance with this Agreement.
Allstate Funding Corporation’s Intellectual Property
Rights
The names "Allstate Funding Corporation.",
"afc100.com", and "afcyes.com and design", and
Allstate Funding Corporation’s graphics, logos, page
headers, button icons, scripts and service names are
trademarks or trade dress of Allstate Funding
Corporation or its subsidiaries, in the United
States and/or other countries (collectively, the
"Proprietary Marks"). You may not use the
Proprietary Marks without the prior express written
permission of Allstate Funding Corporation which
permission may be withheld in Allstate Funding
Corporation’s sole discretion. Allstate Funding
Corporation makes no proprietary claim to any
third-party names, trademarks or service marks
appearing on www.afcyes.com and/or www.afc100.com.
Any third-party names, trademarks, and service marks
are property of their respective owners.
The information, advice, data, software and content
viewable on, contained in, or downloadable from,
www.afcyes.com and/or
www.afc100.com
(collectively, the "Content"), including, without
limitation, all text, graphics, charts, pictures,
photographs, ../images, line art, icons, renditions
and floor plans, are copyrighted by, or otherwise
licensed to, Allstate Funding Corporation or its
Content suppliers. Allstate Funding Corporation also
owns a copyright of a collective work in the
selection, coordination, arrangement, presentation,
display and enhancement of the Content (the
"Collective Work"). All software used on
www.afcyes.com and/or
www.afc100.com
(the "Software") is the property of Allstate Funding
Corporation or its software vendors and is protected
by United States and international copyright laws.
Viewing, reading, printing, downloading or otherwise
using the Content and/or the Collective Work does
not entitle you to any ownership or intellectual
property rights to the Content, the Collective Work
or the Software.
You shall be solely responsible for any damage
resulting from your infringement of Allstate Funding
Corporation’s or any third party's intellectual
property rights regarding the Trademarks, the
Content, the Collective Work, the Software and/or
any other harm incurred by Allstate Funding
Corporation or its affiliates as a direct or
indirect result of your copying, distributing,
redistributing, transmitting, publishing or using
the same for purposes that are contrary to the terms
and conditions of this Agreement.
Your Use of the Content
Allstate Funding Corporation grants you a limited
license to access, print, e-mail, download or
otherwise make personal use the Content and the
Collective Work in the form of: (i) one
machine-readable copy; (ii) one backup copy; and
(iii) one print copy, for your noncommercial use;
provided, however, that you shall not delete any
proprietary notices or materials with regard to the
foregoing manifestations of the Content and the
Collective Work. You may not modify the Content or
the Collective Work or utilize them for any
commercial purpose or any other public display,
performance, sale, or rental, decompile, reverse
engineer, or disassemble the Content and the
Collective Work, or transfer the Content or the
Collective Work to another person or entity.
Except as otherwise permitted under the copyright
laws of the United States, no other copying,
distribution, redistribution, transmission,
publication or use, other than the noncommercial use
of the Content and the Collective Work as permitted
by this Agreement, is permitted by you without the
express prior written permission of Allstate Funding
Corporation which permission may be withheld in
Allstate Funding Corporation’s sole discretion.
You may not use any META tags or any other "hidden
text" utilizing Allstate Funding Corporation’s name
or trademarks without the express written permission
of Allstate Funding Corporation which permission may
be withheld in Allstate Funding Corporation’s sole
discretion.
Access and Interference
www.afcyes.com and/or
www.afc100.com
contains robot-exclusion headers. You agree that you
will not use any robot, spider, scraper, deep link
or other similar automated data gathering or
extraction tools, program, algorithm or methodology
to access, acquire, copy or monitor www.afcyes.com
and/or www.afc100.com or any portion of
www.afcyes.com and/or www.afc100.com or for any
other purpose, without Allstate Funding
Corporation’s express written permission which may
be withheld in Allstate Funding Corporation’s sole
discretion. Additionally, you agree that you will
not: (i) take any action that imposes, or may impose
in Allstate Funding Corporation’s sole discretion an
unreasonable or disproportionately large load on
Allstate Funding Corporation’s infrastructure; (ii)
copy, reproduce, modify, create derivative works
from, distribute or publicly display any content
(except for your personal information) from
www.afcyes.com and/or www.afc100.com without the
prior written permission of Allstate Funding
Corporation and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere
with the proper working of www.afcyes.com and/or
www.afc100.com or any activities conducted on
www.afcyes.com and/or www.afc100.com; or (iv) bypass
Allstate Funding Corporation’s robot exclusion
headers or other measures Allstate Funding
Corporation may use to prevent or restrict access to
www.afcyes.com and/or www.afc100.com.
Electronic Communications
When you visit www.afcyes.com and/or www.afc100.com
or send e-mail to Allstate Funding Corporation you
are communicating with Allstate Funding Corporation
electronically. You consent to receive
communications from Allstate Funding Corporation
electronically. Although Allstate Funding
Corporation may choose to communicate with you by
regular mail, Allstate Funding Corporation may also
choose to communicate with you by e-mail or by
posting notices on www.afcyes.com and/or
www.afc100.com. You agree that all agreements,
notices, disclosures and other communications that
Allstate Funding Corporation provides to you
electronically satisfy any legal requirement that
such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining
all telephone, computer hardware, internet access
services and other equipment or services needed to
access and use www.afcyes.com and/or www.afc100.com,
and all costs and fees associated with Internet
access or long-distance charges incurred with regard
to your access and use of www.afcyes.com and/or
www.afc100.com.
Third Party Links
There may be provided on
www.afcyes.com
and/or www.afc100.com links to other Web sites
belonging to Allstate Funding Corporation’s
advertisers, business partners, affiliates and other
third parties. Such links do not constitute an
endorsement by Allstate Funding Corporation of those
Web sites, nor the products or services listed on
those Web sites. Allstate Funding Corporation is not
responsible for the activities or policies of those
Web sites. Allstate Funding Corporation does not
endorse or recommend the products of any particular
advertiser, business partner, affiliate or other
third party. Allstate Funding Corporation does not
guarantee that the loan terms or rates offered by
any particular advertiser, business partner,
affiliate or other third party on
www.afcyes.com and/or
www.afc100.com
are the best terms or lowest rates available in the
market.
Allstate Funding Corporation. Makes No
Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED
WITH OR OFFERED THROUGH WWW.AFCYES.COM AND/OR
WWW.AFC100.COM
ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE"
BASIS. ALLSTATE FUNDING CORPORATION MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF WWW.AFCYES.COM
AND/OR WWW.AFC100.COM OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR
ASSOCIATED WITH
WWW.AFCYES.COM
AND/OR WWW.AFC100.COM
. YOU EXPRESSLY AGREE THAT YOUR USE OF
WWW.AFCYES.COM AND/OR
WWW.AFC100.COM
AND ALL PRODUCTS AND SERVICES INCLUDED ON OR
ASSOCIATED WITH WWW.AFCYES.COM AND/OR WWW.AFC100.COM
IS AT YOUR SOLE RISK.
ALLSTATE FUNDING CORPORATION. DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS
OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT OR THE SERVICES AND
PRODUCTS ASSOCIATED WITH WWW.AFCYES.COM AND/OR
WWW.AFC100.COM, NOR THE SAFETY, RELIABILITY, TITLE,
TIMELINESS, COMPLETENESS, MERCHANTABILITY,
CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF
THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED
WITH WWW.AFCYES.COM AND/OR WWW.AFC100.COM. IT IS
YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE
THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE
CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED
WITH WWW.AFCYES.COM AND/OR WWW.AFC1000.COM. ALLSTATE
FUNDING CORPORATION MAKES NO REPRESENTATION,
WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE
AVAILABLE FOR DOWNLOADING FROM WWW.AFCYES.COM AND/OR
WWW.AFC100.COM IS FREE OF INFECTION FROM ANY
VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK
DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER
CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE
INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH,
SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM,
DATA OR PERSONAL INFORMATION.
The Content is intended only to assist you with
financial decisions and is broad in scope and does
not consider your personal financial situation. Your
personal financial situation is unique and the
information and advice may not be appropriate for
your situation. Accordingly, before making any final
decisions or implementing any financial strategy,
Allstate Funding Corporation recommends that you
obtain additional information and advice of your
accountant and other financial advisers and attorney
who are fully aware of your individual
circumstances.
Limitations on Allstate Funding Corporation’s
Liability
ALLSTATE FUNDING CORPORATION IN NO EVENT, WILL BE
RESPONSIBLE TO OR LIABLE TO YOU OR ANY THIRD PARTY,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING,
BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT
LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE
OR BUSINESS AS A DIRECT OR INDIRECT RESULT OF: (I)
YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF
WWW.AFCYES.COM AND/OR WWW.AFC100.COM; (III) YOUR
DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE
WWW.AFCYES.COM AND/OR
WWW.AFC100.COM
FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE
CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V)
YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE
COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE,
PRODUCTS OR SERVICES OBTAINED THROUGH
WWW.AFCYES.COM
AND/OR WWW.AFC100.COM
OR OTHERWISE ARISING OUT OF THE USE OF
WWW.AFCYES.COM
AND/OR WWW.AFC100.COM, WHETHER RESULTING IN WHOLE OR
IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
ALLSTATE FUNDING CORPORATION. AND/OR ITS SUPPLIERS
HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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, exclusions or
limitations may not apply to you.
Your Indemnification of Allstate Funding
Corporation.
You will defend, indemnify and hold harmless
Allstate Funding Corporation and its officers,
directors, shareholders, employees, independent
contractors, agents, representatives and affiliates
from and against any and all claims and expenses
including, but not limited to, attorneys' fees,
arising out of, or attributable to: (i) any breach
or violation of this Agreement by you; (ii) your
failure to provide accurate, complete and current
personally identifiable information requested or
required by Allstate Funding Corporation.; (iii)
your access or use of www.afcyes.com and/or
www.afc100.com; and/or (iv) access or use of
www.afcyes.com and/or
www.afc100.com
under any password that may be issued to you.
Amendments of this Agreement
Allstate Funding Corporation reserves the right to
update, amend and/or change this Agreement at any
time in its sole discretion and without notice.
Updates to this Agreement will be posted here. You
are encouraged to revisit this Agreement from time
to time in order to review any changes that have
been made. Allstate Funding Corporation’s last
update was 14 August 2008. Your continued access and
use of
www.afcyes.com
and/or www.afc100.com
following the posting of any such changes shall
automatically be deemed your acceptance of all
changes.
Allstate Funding Corporation’s Remedies
You acknowledge that Allstate Funding Corporation
may be irreparably damaged if this Agreement is not
specifically enforced, and damages at law would be
an inadequate remedy. Therefore, in the event of a
breach or threatened breach of any provision of this
Agreement by you, Allstate Funding Corporation will
be entitled, in addition to all rights and remedies,
to an injunction restraining such breach or
threatened breach, without being required to show
any actual damage or to post an injunction bond,
and/or to a decree for specific performance of the
provisions of this Agreement. For purposes of this
Section, you agree that any action or proceeding
with regard to such injunction restraining such
breach or threatened breach shall be brought in the
courts of record of either the United States
District Court for the Middle District of Florida,
Tampa Division, or in the Circuit Court in and for
Hillsborough County, Florida. You consent to the
jurisdiction of such court and waive any objection
to the laying of the venue of any such action or
proceeding in such court. You agree that service of
any court paper may be effected on such party by
mail or in such other manner as may be provided
under applicable laws, rules of procedure or local
rules.
Attorney’s Fees; Governing Law
In the event it is necessary for Allstate Funding
Corporation to initiate legal proceedings to
enforce, interpret or construe any part of this
Agreement, the prevailing party in such proceedings
is entitled to receive from the non-prevailing
party, in addition to all other remedies, all costs,
including reasonable attorneys’ fees, of such
proceedings-including appellate proceedings-and
other such costs and fees as justice may so require.
The validity, interpretation, and performance of
this Agreement are governed by the laws of the State
of Florida without giving effect to the principles
of comity or conflicts of laws thereof.
Consent to Personal Jurisdiction and Venue
You hereby consent to personal jurisdiction and
venue for any action brought by Allstate Funding
Corporation arising out of a breach or threatened
breach of this Agreement or out of the relationship
established by this Agreement, exclusively in the
United States District Court for the Middle District
of Florida, Tampa Division, or in the Circuit Court
in and for Hillsborough County, Florida-whichever
venue is proper; you hereby agree that any action
brought by you, alone or in combination with others,
against Allstate Funding Corporation whether arising
out of this Agreement or otherwise, will be brought
exclusively in either the United States District
Court for the Middle District of Florida, Tampa
Division, or in the Circuit Court in and for
Hillsborough County, Florida.
Severability
If any portion of this Agreement is deemed unlawful,
void or unenforceable by any arbitrator or court of
competent jurisdiction, this Agreement as a whole
shall not be deemed unlawful, void or unenforceable,
but only that portion of this Agreement that is
unlawful, void or unenforceable shall be stricken
from this Agreement.
Headings
The headings contained in this Agreement are for
convenience of reference only, are not a part of
this Agreement and do not limit or otherwise affect
in any way the meaning or interpretation of this
Agreement.
Amendments
All covenants, agreements, representations and
warranties made in this Agreement, as may be amended
by Allstate Funding Corporation. from time to time,
survive your acceptance of this Agreement and the
termination of this Agreement.
Entire Agreement
This Agreement and Allstate Funding Corporation’s
Privacy Policy located at the URL www.afcyes.com
and/or www.afc100.com represent the entire
understanding and agreement between you and Allstate
Funding Corporation. regarding the subject matter of
the same and supersede all other previous
agreements, understandings and/or representations
regarding the same.
If you have questions, comments, concerns or
feedback regarding this Agreement or www.afcyes.com
and/or www.afc100.com, please contact us via any of
the methods set forth below:
Phone: 813 387.3800 / 1.866.444.4944 /
Fax: 813 387.1128 / Email:
support@afc100.com
U.S. mail: Allstate Funding Corporation 4021
West Waters Avenue, Tampa, FL 33614
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Last revised:
August 22, 2008