Home Acceptance Corporation

Policies and Agreements

● Your Online Privacy Rights as a HAC Customer

● Internet Services Agreement and Terms of Use

Acceptable Use Policy:

Updated 01/10/2024

Introduction

Home Acceptance Corporation (hereinafter "HAC") is pleased that you have chosen to use HAC’s Online service and any and all other services provided to you by HAC (the "Service" or "Services"). Please note that HAC is a Licensed California Finance Lender (California Finance Lenders License No. 6030746) and all direct commercial & consumer loans made to borrowers in California will be arranged and/or made pursuant to HAC's California Finance Lenders License. Our goal is to provide you with an enriched, high-quality Internet experience and any and all other credit related experiences. This Acceptable Use Policy (the "AUP") has been designed to protect our Service to our customers, our Dealers and the Internet community, from inappropriate, illegal or otherwise objectionable activities. Please read all of the listed Policies prior to accessing or utilizing our Services - All users of the Service must abide by this AUP. Your violation of this AUP may result in the immediate suspension or termination of your access to your HAC account online via the Service. This AUP should be read in conjunction with our Online Privacy Policy, Your Online Privacy Rights as a HAC Customer, the Internet Services Agreement and Terms of Use and any other applicable policies.

THIS ACCEPTABLE USE POLICY CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. PLEASE VIEW THE ARBITRATION PROVISION TERMS HEREIN BELOW.

By using the Service, you agree to abide by, and require others using this Service to abide by the terms of this AUP, the Online Privacy Rights, Your Online Privacy Rights as a HAC Customer, the Internet Services Agreement and Terms of Use and any other applicable policies. You should consult these documents regularly to ensure that your activities conform to the most recent version of these policies.

IF YOU DO NOT AGREE TO BE BOUND BY ALL THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE HAC CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCESS TO YOUR ACCOUNT ONLINE MAY BE CLOSED.

Topical Index

1. Prohibited Activities

2. Intellectual Property Infringement

3. Commercial Use

4. Misuse of Service

5. Hacking/Attempted Unauthorized Access

6. Security

7. Disruption of Service

8. Viruses, Trojan Horses, Worms and Denial of Service Attacks

9. Conflict

10. Dispute Resolution and Arbitration

11. How to Contact Us

1. Prohibited Activities. You may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Service to:

● Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

● Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.

● Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, or is otherwise offensive or objectionable.

● Collect or store personal data about other users.

● Violate any other HAC policy or guideline.

● Resell or redistribute the Service to any third party via any means including but not limited to wireless technology.

2. Intellectual Property Infringement. You may not use the Service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. HAC assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

3. Commercial Use. The Service is designed for personal use and may not be used for commercial purposes. You may not resell or otherwise charge others to use the Service. You agree not to use the Service for any other business enterprise.

4. Misuse of Service. You are responsible for any misuse of the Service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the Service.

5. Hacking/Attempted Unauthorized Access. You may not use the Service to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person. The Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of an account you are not expressly authorized to access, or probing the security of the Service for any reason.

6. Security. You are solely responsible for the security of any device connected to the Service, including any data stored on that device. HAC recommends that you take appropriate security precautions for any systems connected to the Service. You are responsible for securing any wireless (WiFi) networks connected to the Service.

7. Disruption of Service. You may not disrupt the Service in any manner.

8. Viruses, Trojan Horses and Worms. Content downloaded from the Service may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data.

9. Conflict. In the event of a conflict between the Internet Service Agreement and this Policy, the terms of the Internet Service Agreement will prevail.

10. Dispute Resolution and Arbitration (including Arbitration, Class Action Waiver and Time to Initiate Action). Please read the following terms carefully, and any policies, guidelines, or rules applicable to such Acceptable Use Policy, as they constitute a legal agreement between HAC and you. HAC also encourages you to review our Online Privacy Policy for additional information. Of course, if you do not agree with our Acceptable Use Policy or any of our other policies, then do not use HAC’s Services. You can delete your account from your Account Settings at any time.

PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A. Initial Dispute Resolution Period: Our Customer Care team is available at customerservice@homeacceptance.net to address any concerns you may have regarding the Services provided to you by HAC. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us. You and HAC agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If HAC has a dispute with you, HAC will send the notice of that Dispute to the email address you have provided to HAC. If you have a dispute with HAC, you agree to send HAC a written notice by email to: customerservice@homeacceptance.net. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or HAC to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (a) subject line reading: “Notice of Dispute”; (b) description of the nature of the claim or dispute and the underlying facts; (c) date upon which the Dispute arose; (d) the specific relief sought; and (e) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and HAC to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.

B. Scope: The parties acknowledge that these terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and HAC agree that any dispute, claim or controversy between you and HAC asserted after the effective date of these terms, including but not limited to all disputes arising out of these terms or your use of the HAC’s Services provided to you by HAC (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.”

C. Binding Arbitration: If you and HAC do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or HAC may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or HAC may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.

i. Process: In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against HAC must send the written demand for arbitration to HAC ATTN: General Counsel, 1061 N. Kraemer Pl, Ste G, Anaheim, CA 92806. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

ii. Location & Hearing: If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Orange County, California, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or HAC may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.

iii. Arbitrator's Decision: The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

iv. Fees: Your and HAC’s right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

v. Mass Arbitration: Before NAM: Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration”. If a Mass Arbitration is commenced, you and HAC agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these herein terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and HAC agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and HAC agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and HAC agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or HAC may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and HAC agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of these Terms.

1. Appointment of Procedural Arbitrator in Mass Arbitration: You and HAC agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.

D. Exceptions to Binding Arbitration: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:

i. Provisional Remedies: Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.

ii. Intellectual Property and Trade Secret Disputes: Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.

iii. Small Claims Court: Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.

E. Class and Collective Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND HAC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

F. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HAC’s Services provided to you by HAC or the terms of such use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

G. Forum: For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and HAC agree to submit to the exclusive jurisdiction of any state or federal court located in Orange County, California (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

H. Severability: If any provision in this Dispute Resolution and Arbitration Section of these terms is found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution and Arbitration Section of these terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

I. 30 Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at customerservice@homeacceptance.net. The notice must be sent within thirty (30) days of your first use of HAC’s Services provided to you by HAC, or the effective date of the first set of terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.

11. How to Contact HAC. For any questions regarding this AUP, complaints of violations, or cancellation notices, please contact HAC at one of the following:

Email: Visit https://www.homeacceptance.net and check under "Contact Us" to fill out the email form.
Phone: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Phone Numbers.
U.S. Mail: Visit https://www.homeacceptance.net and check under "Contact Us" for HAC’s Mailing Address.

Online Privacy Policy

Updated 01/10/2024

Welcome to our Website Visitors— We want you to know how we treat personal information HAC may obtain from you as a website visitor as a part of your visit. You should also see our Acceptable Use Policy and Internet Service Agreement and Terms of Use for other information concerning use of our website. By using our website, you accept this Online Privacy Policy and our Internet Service Agreement and Terms of Use and Acceptable Use Policy. Please note that HAC is a Licensed California Finance Lender (California Finance Lenders License No. 6030746) and all direct commercial & consumer loans will be arranged and/or made pursuant to HAC's California Finance Lenders License.

To HAC Customers – This Online Privacy Policy applies only to use of our website. You can also find our Internet Service Agreement and Terms of Use and Acceptable Use Policy here online. In either case, we welcome you to our website. Please take a moment to read about our online privacy policy in its use.

California Residents: Your California Privacy Rights. California law permits residents who have provided personal information to us to request information about disclosure of personal information to third parties for their marketing purposes. As detailed below, our policy is not to disclose personal information collected online for any third party’s direct marketing purposes without first obtaining the customer’s consent. As an additional measure, customers may contact a HAC Customer Service Representative at one of the following to request that their account records be noted that they have specifically opted-out of disclosures to any third parties for direct marketing purposes:

Introduction. Home Acceptance Corporation (“us,” “we,” or “HAC”) is committed to respecting the privacy rights of its customers, visitors, and other users of the HAC Website (“the Site”). We created this Online Privacy Policy to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Online Privacy Policy.

Topical Index

1. Information We Collect

2. Use and Sharing

3. Law Enforcement

4. Internet Security

5. Spam

6. Customer Access to Information

7. Your Enforcement Rights

8. Updates and Changes to the Online Privacy Policy

9. How to Contact Us

10. Children’s Privacy

11. California Online Privacy Protection Notice

1. Information We Collect.

● Policy – It is our policy to collect only the personally identifiable information (information that identifies you individually) that we need to provide the services we offer with the quality you desire and deserve.

● HAC Customers – If you are a customer of HAC, this personally identifiable information may include your name, home address, mailing address, zip code, age, telephone numbers, HAC account number, social security number, credit card number, bank account number, user IDs, passwords, email addresses, and other information as provided to us online or as a customer of HAC. We take reasonable steps to protect your account information from unauthorized access.

● Site Visitors – When you access our Site, we may automatically collect access log information about your visit, including information such as the Internet Protocol (IP) addresses assigned (numbers assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. We may store emails sent and received.

● Online Registrants – In visiting our Site, if you register with us or participate in an online transaction, we may ask for certain personally identifiable information, this personally identifiable information may include your name, home address, mailing address, zip code, age, telephone numbers, HAC account number, social security number, credit card number, bank account number, user IDs, passwords, email addresses, and other information as provided to us online or as a customer of HAC.

● Cookies – We, or a vendor that places advertising on our Site, may use "cookies" to collect information about your visit to our Site and to manage information concerning your preferences. A "cookie" is a small computer code added to a file on your computer as a record of its visit. It does not collect or provide your name or any other personal information about you. It can, however, be used by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol ("IP") address, to better tailor the Site for you. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to our Site. This allows us to tailor our Site by remembering you and any options you select. We may share non-personal information obtained from the varying kinds of cookies and web beacons (see below) with vendors, advertisers and others. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you.

● Third-Party Cookies and Web Beacons – These forms of computer code are sometimes placed by advertisers or others with connection to a webpage and may be read by the advertisement’s provider. They may use a form of code called a "web beacon" or "clear GIF." These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your Internet Protocol Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons.

● Advertisers and Other Websites– We do not control the privacy policies of advertisers or of websites you may link to from our Site or by using our services. You should review their websites for questions about their Internet security and privacy.

2. Use and Sharing.

● Use Policy – We consider any personally identifiable information we receive about you to be confidential, and it is our policy to use it only in providing our Site and account services - from sales, to operations, administration, advertising, marketing, support, maintenance, communications with you, billing, collection and in other ways related to our services. We may also use such information in dealing with fraud and unauthorized use of our services. HAC may associate personal account information with data from third parties about you or similar persons to better predict your service preferences for use in programming, advertising transactions and to market our services to you.

● Aggregate Information – We may use aggregate information about our customers and Site visitors for a variety of purposes. Such aggregate information does not identify individual customers. We may share such aggregate and related demographic information with third parties.

● Retention Policy – HAC may retain personal customer information in its regular business records. Our security measures for this information are discussed below.

● Sharing Policy – It is our overall policy not to disclose to others outside of HAC and our affiliates, vendors, business partners and the Merchant with whom you opened your HAC account any personally identifiable information about our customers without their prior written or electronic consent. We do not sell or provide your personal information to parties unconnected with the services we provide without your permission. We also share your personally identifiable information with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Online Privacy Policy, and they will only use your personally identifiable information to carry out their specific business obligations to HAC.

● Special Exceptions – We reserve the right to disclose personally identifiable information in our possession if we have a good faith belief that it is necessary to: (1) comply with the law or legal process served on us; (2) protect and defend our rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce our Internet Service Agreement and Terms of Use, our Acceptable Use Policy or related standards; or (5) act in an emergency to protect your safety or that of another. We may also share information if we sell or transfer all or a portion of our business operations, merge or combine with another organization.

● Third Parties – We sometimes use affiliates, vendors or third party partners in association with this Site and may provide personally identifiable information about users for such purposes. In providing such information, we require that the third party partners agree to uphold the same standards of security and confidentiality that we have promised to you in this Online Privacy Policy, and they will only use your personally identifiable information to carry out their specific business obligations and services to HAC. If you do not want us to share your personally identifiable information with any third parties, please contact us at one of the following:

Please understand that such a request will severely limit your ability to take advantage of all of the features and services we offer on the Site.

● Internet Communications – We may, retain and provide emails sent to us to appropriate authorities if we are legally required to do so.

3. Law Enforcement.

● Legal Requirements – Our policy is to cooperate as required by law, but to provide only such information as the law requires. We do not assume any duty to notify you of receipt of any legal requests.

● Internet Information – The law does permit us to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of communications, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such disclosure without delay.

4. Internet Security.

● Taking Proper Precautions – Maintaining the security of your own personal computer is an important part of protecting your own privacy and of helping us protect our network and our customers’ service. You should use and update regularly your antivirus software, firewall and your operating system to prevent unauthorized access by others and harm from various forms of viruses. Persons with questionable intent may use the Internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before responding with personal information. To avoid all these and other forms of attacks, we encourage you to visit the Federal Trade Commission ("FTC") for updates and tips on protecting yourself.

● Personal Information – We use "Secure Socket Layer" encryption technology when collecting certain personal information through our Site. You can identify the use of such protection by looking for "https" in the Internet url or page address or a closed lock symbol if you are using Internet Explorer. We protect personally identifiable information found in our most sensitive databases in encrypted formats within controlled and secure environments with restricted access. While we attempt to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access.

● Access by Others – It is possible for use of the Internet to be accessed or intercepted by third parties. Moreover, since we cannot control websites or Internet services operated by third parties, we recommend that you review the terms of service and privacy policies of those websites and services.

● Lost or Stolen Information - You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.

● Public Information - The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites.

5. Spam. HAC works hard to prevent and to block spam and we encourage your help by preventing unauthorized access to your computer. The law permits companies like HAC to use email to send transactional or relationship messages, such as in confirming that a service has been established or providing information regarding changes in service. If you prefer, you may opt-out of marketing messages we may send by notifying us in response to any you may receive.

6. Customer Access to Information. For registered Site users, we maintain a procedure to help the registered user confirm that their personally identifiable information remains correct and up-to-date. At any time, you may visit your registered personal profile at https://www.homeacceptance.net. Through your registered personal profile you may review and update you personally identifiable information that we have already collected. If you are a customer of HAC, you can also check the accuracy of some of your account information by contacting a Customer Service representative at one of the following:

For more information, see Your Online Privacy Rights as a HAC Customer.

7. Your Enforcement Rights. You have the right to enforce your legal privacy rights concerning our collection, use and sharing of your personally identifiable information.

8. Updates and Changes to the Online Privacy Policy. Developments in the Internet, the law, our offerings and our Site may cause us to change this Online Privacy Policy from time to time. Any such changes will be prospective and will not affect information collected prior to the change in policy. We reserve the right, at any time and without notice, to add to, change, update, or modify this Online Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Online Privacy Policy from time to time to ensure that you continue to agree with all of its terms.

9. How to Contact Us. For any questions regarding this Online Privacy Policy, please contact us at one of the following:

10. Children's Privacy. We do not knowingly allow anyone under the age of 18 to register to use our service. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us at the one of the following:

11. California Online Privacy Protection Act Notice.

(1) Home Acceptance Corporation does not track online users, and therefore does not use "do not track" signals.

(2) Home Acceptance Corporation does not authorize the collection of online users’ information for third party use through advertising technologies without separate online user’s consent.

To learn more about DNT and Home Acceptance Corporation’s DNT practices, please read on:

On September 27, 2013, California Governor Jerry Brown signed into law A.B. 370, amending the California Online Privacy Protection Act (CalOPPA) to require website operators like Home Acceptance Corporation to disclose: (1)how Home Acceptance Corporation responds to "Do Not Track Signals"(DNT); and (2)whether third parties collect personally identifiable information (PII) about users when they visit the Home Acceptance Corporation website.

Do Not Track:

What is DNT? DNT is the concept that has been promoted by regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites.

What is a DNT signal? Currently, various browsers - including Internet Explorer, Firefox, and Safari - offer a DNT option that relies on a technology known as a DNT header that sends a signal to websites' visited by the browser user about the user's DNT preference. You can usually access your browser's DNT option in your browser's preferences.

Is there a DNT technology standard? The World Wide Web Consortium (W3C) has been working with industry groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has been made on this issue, progress has been slow, and to date no standard has been adopted. Without an industry standard for DNT, users cannot know how any given company abides by a DNT signal they receive from browser headers. LinkedIn is committed to remaining apprised of the W3C efforts to develop a DNT standard.

How does Home Acceptance Corporation respond to the signal? Home Acceptance Corporation takes privacy and security very seriously, and strives to put our customers first in all aspects of our business. With regard to DNT, Home Acceptance Corporation currently does not respond to DNT signals in browsers because it doesn't track individual online users across the web.

Does Home Acceptance Corporation permit third parties to collect personally identifiable information about an individual consumer's online activities over time and across different Web sites when a consumer uses the Home Acceptance Corporation's site? Home Acceptance Corporation does not authorize the collection of PII from its online users through advertising technologies deployed in ads that may appear on Home Acceptance Corporation’s site without separate consent.

For any questions regarding this Online Privacy Policy, please contact us at one of the following:

For more information, see Your Online Privacy Rights as a HAC Customer.

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Your Online Privacy Rights as a HAC Customer

Updated 01/10/2024

Topical Index

●Information We Collect

●Use and Sharing

●Internet Security

●Law Enforcement and Legal Requests

●Security of Information

●Children’s Privacy

●Customer Access to Information

●Your Enforcement Rights

●Other Terms and Changes in Policy

●Customer Service Notices

●California Online Privacy Protection Notice

As a customer of a Home Acceptance Corporation (“HAC”), you are entitled to know what we do with personal information about you that we receive. We consider our treatment of such information to be a part of the trust you place in us by using our Services. Please note that HAC is a Licensed California Finance Lender (California Finance Lenders License No. 6030746) and all direct commercial & consumer loans will be arranged and/or made pursuant to HAC's California Finance Lenders License. We have updated this notice to better answer questions you may have, but our basic privacy policy remains the same:

We gather only the personal information of our customers we need to provide our services, treat it as private, use it only for the services we offer you, do not sell it to others, and work to keep it secure. We will tell you in advance if there are ever any exceptions and give you the right to say no.

While we cannot cover here every situation where your personal information may be affected, we have included those we believe you are most interested in. We have updated our policy to add additional information on law enforcement requests and to revise our policies concerning password security. By law, 47 U.S.C. 551, we tell you annually about our privacy policy, and you can find additional and updated privacy policy information at any time by visiting our websites at https://www.homeacceptance.net. You can learn more about your privacy rights by visiting the websites of the Federal Trade Commission, http://www.ftc.gov and the Federal Communications Commission, http://www.fcc.gov. If you receive your bills electronically, this notice will be sent to you similarly. If you cannot print an electronic version or would like to receive a written copy in lieu of an electronic one, please contact us at one of the following:

● Information We Collect. Personally Identifiable Information – In providing services to you, we ask for certain "personally identifiable information"; that is, information that identifies you individually ("your information"). Your information may include, without limitation,: name, home address, billing address, telephone numbers, social security number, driver's license number, services you have selected, demographic information, user IDs, passwords, email addresses, correspondence and communications records. We maintain customer information concerning credit, billing and payment and services provided and other service-related functions. In providing our services, we may also collect other information concerning your preferences to aid in customer support.

It is our policy to collect only the personal information needed to provide the services we offer with the quality you desire and deserve. It is also our policy to keep that information secure. We take reasonable precautions to identify you or your authorized representative when we receive an inquiry on your account. We also take reasonable steps to protect your information from unauthorized access. We sometimes collect personal information for special reasons, such as registering at our Web site. In these instances, you will be notified before it is collected, told how it will be used and may elect not to participate.

● Internet Services. Like most Internet service providers, we may automatically collect general information, such as the Internet Protocol (IP) addresses assigned (an identifier assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. Since we cannot control Web sites or Internet services operated by third parties, we recommend that you review the terms of service and privacy policies of those Web sites and services that you use. You can find more detailed information concerning our Online Privacy Policy at https://www.homeacceptance.net/.

● Use and Sharing.

Use Policy – We consider your information confidential, and use it only in providing our services for such things as operations, administration, support, network management, maintenance, customer care, communications with you, billing and collection, and for accounting and tax purposes. We may also use such information in dealing with fraud and unauthorized use of our services. We use aggregate information about our customers and their usage for a variety of purposes. Such aggregate information does not identify individual customers. We may share such aggregate information with third parties, but will not share your own information without your permission. HAC may associate your information with aggregate information or with information from others to better offer service preferences to you.

Sharing Policy – It is our policy not to disclose any personally identifiable information about you to others outside of HAC and our affiliates, merchant dealers who opened your account, vendors and business partners without your prior consent. We do not sell or provide your personal information to parties unrelated to the services we provide without your permission. As a further measure, you can affirmatively opt out of such sharing by writing to the return address on your billing statement, or you may contact us at one of the following, but understand that such a request will limit your ability to use the features and services we offer on the Site:

Special Exceptions – We reserve the right to disclose your information if we have a good faith belief that it is necessary to: (1) comply with the law or legal process served on us; (2) protect and defend our rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce our Internet Service Agreement and Terms of Use, or Acceptable Use Policy or related standards; or (5) act in an emergency to protect your safety or that of another. We may also share or transfer your information along with your account as a part of any sale or transfer all or a portion of our business operations, merger or combination with another organization. In such a case, you will be notified of any changes in policy.

Outside Parties – HAC sometimes uses affiliates, vendors or partners in providing our services and may provide your information for such purposes. We require that outside parties maintain at least the same level of confidentiality that we maintain. In addition, any use by the vendor may not exceed that needed to provide its service. We do not share your information with other outside third parties without your consent. If you become a customer of a third party directly, you should review its privacy policy, as it may differ from ours.

Retention Policy – HAC may retain personal customer information in its regular business records. Our security measures for this information are discussed below.

● Internet Security.

Taking Proper Precautions – Maintaining the security of your personal computer is an important part of protecting your own privacy and of helping us protect our network and customers’ service. You must follow our Internet Service Agreement and Terms of Use and Acceptable Use Policy and use and update regularly your antivirus software, firewall, wireless network security and your operating system to prevent harm and potential theft of data due to unauthorized access by others and viruses. You should regularly back up your computer to preserve your files, including email or other messages you want to keep. Persons with questionable intent may use the Internet or email to pose as someone you trust or do business with. You should always be sure whom you are dealing with before clicking on an Internet link or giving personal information. To avoid all these and other forms of attacks, we encourage you to visit the Federal Trade Commission ("FTC") at http://www.ftc.gov for regular updates and tips on protecting yourself. While we take reasonable steps to protect your services, we highly recommend that you regularly change your login password, using hard-to-guess combinations of numbers and letters of at least eight characters in length. Once communications enter the Internet, it is possible for them to be accessed by third parties over whom we have no control. Moreover, since we cannot control web sites or services operated by third parties, you should review their terms of service and privacy policy.

Spam – HAC tries to block incoming and outgoing spam using a variety of methods, and we encourage your help by preventing unauthorized access to your computer. We suggest that you remain up-to-date on ways to avoid and combat spam. We may use email to send transactional, informational, or relationship messages related to your service. If you prefer, you may opt-out of other marketing messages we may send by notifying us in response to any you may receive.

Cookies – A third party ad server that places ads on our websites may use "cookies" to collect anonymous information about your visit to our website and to manage information concerning your preferences. A "cookie" is a computer code added to a file on your computer as a record of its visit. It does not collect or provide your name or any other personal information about you. It can, however, be read by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol ("IP") address. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to our website. This allows us to tailor our site by remembering you and any options you select. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you.

Third-Party Cookies and Web Beacons – These forms of computer code are sometimes placed by advertisers or others with connection to a webpage and may be read by the ad’s provider. They may use a form of code called a "web beacon" or "clear GIF." These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your IP Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons. We may share non-personal information obtained from cookies and web beacons with vendors, advertisers and others.

● Law Enforcement and Legal Requests.

Information Disclosure – We cooperate as required by law, by providing only the information the law requires. The laws concerning your privacy and government access change from time to time and you may affect how we are required to respond. Under current law, many subpoenas require that we not disclose or notify you of the request. Due to this fact, we do not assume any duty to notify you of receipt of any legal requests.

Internet Information – Your account records and information concerning your Internet access may be subpoenaed by the government or by others through the courts. The law permits us to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of communications, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such disclosure without delay.

● Security Information. We are aware of the many recently publicized instances of customer information security breaches and continue to work on new ways to protect your information. For our most sensitive databases, we use encrypted formats within controlled and secure environments that have restricted access. Nevertheless, although we endeavor to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access.

● Children's Privacy. We do not knowingly allow anyone under the age of 18 to register to use our service. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us at the one of the following:

● Customer Access to Information. You may check the accuracy of personal information in your account by contacting a Customer Service Representative at Home Acceptance Corporation at one of the following:

● Your Enforcement Rights. You can enforce your legal privacy rights concerning our collection, use and sharing of your personally identifiable information. Among your remedies is the right to seek damages under 47 U.S.C. 551.

● Other Terms and Changes in Policy. Other terms and conditions affect our services, including certain contracts, our Acceptable Use Policy and the Internet Service Agreement and Terms of Use for our website. Changes in our services, the law and policy may cause us to make changes to this and other policies from time to time. Any changes will be posted with the Online Privacy Policy at: https://www.homeacceptance.net, which also contains provisions concerning privacy as relates to our website.

● Customer Service Notices. Billing and Complaint Procedures – Customers can direct billing or service complaints to HAC at one if the following:

● California Online Privacy Protection Act Notice.

(1) Home Acceptance Corporation does not track online users, and therefore does not use "do not track" signals.

(2) Home Acceptance Corporation does not authorize the collection of online users’ information for third party use through advertising technologies without separate online user’s consent.

To learn more about DNT and Home Acceptance Corporation’s DNT practices, please read on:

Do Not Track:

For any questions regarding this Online Privacy Policy, please contact us at one of the following:

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Internet Service Agreement and Terms of Use

Updated 01/10/2024

YOUR USE AND/OR REGISTRATION TO THE SERVICE SHALL CONSTITUTE AN ACCEPTANCE OF THE TERMS BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS DO NOT USE OR REGISTER FOR THE SERVICE. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Binding Effect. This is a binding agreement. By using the Internet site located at https://www.homeacceptance.net (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by this Internet Service Agreement and Terms of Use (the “Agreement”), as they may be amended by Home Acceptance Corporation (“HAC”) from time to time in its sole discretion. It is your responsibility to review this Internet Service Agreement and Terms of Use periodically, and if at any time you find this Internet Service Agreement and Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

Introduction. This Internet Service Agreement and Terms of Use (the "Agreement") sets forth the terms and conditions under which Home Acceptance Corporation (hereinafter, "HAC"), agrees to provide online website service (hereinafter the "Service") to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service via your account to abide by the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service. This Agreement takes effect on the date on which you accept this Agreement, and continues until your registration is terminated. HAC reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by HAC. This Agreement should be read in conjunction with our Acceptable Use Policy, ("AUP"), Online Privacy Policy, and other applicable policies.

Please note that HAC is a Licensed California Finance Lender (California Finance Lenders License No. 6030746) and all direct commercial & consumer loans will be arranged and/or made pursuant to HAC's California Finance Lenders License.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICE AND NOTIFY THE HAC CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCESS TO YOUR ACCOUNT ONLINE MAY BE CLOSED.

Topical Index

1. Your HAC Account

2. Service E-Sign Disclosure and Consent

3. Account Payment Agreement

4. Payment Terms

5. Use of Software

6. Computer and Equipment Requirements

7. Acceptable Use Policy

8. Posting to HAC

9. Affiliated Sites

10. Monitoring and Removal of Content

11. Privacy

12. Alleged Violations

13. Termination

14. Disclaimer of Warranties and Limitation of Liability

15. Indemnification

16. Compliance with Laws and Intellectual Property Rights

17. Prohibited Uses

18. Inappropriate Content

19. Copyright and Trademark Notices

20. Intellectual Property Infringement Claims

21. Governing Law and Jurisdiction

22. Miscellaneous

23. No License

24. California Use Only

25. Modification

26. How to Contact Us

27. Acknowledgement

1. Your HAC Account. Your HAC Account entitles you to use the Service. Your HAC Account is personal to you. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact HAC immediately upon the occurrence of any change in the status of your HAC Account (e.g., change in individuals authorized to access to your HAC Account) for the purpose of updating your HAC Account information.

2. Service E-Sign Disclosure and Consent. This Service E-Sign Disclosure and Consent (the "Addendum") supplements the Internet Service Agreement and Terms of Use (the “Agreement") to which you agreed at your initial logon to the Service, and amends and becomes a part of the Agreement. The terms of the Agreement and this Addendum are hereby ratified, affirmed and incorporated herein, and shall continue to apply in all respects, as amended hereby. Any capitalized term used but not defined herein shall be given the meaning ascribed thereto in the Agreement. In the event of any conflict between the terms of the Agreement and this Addendum, the terms of this Addendum shall be controlling. All references hereinafter to the term "Agreement" shall mean the initial Agreement as modified by this Addendum.

This Service E-Sign Disclosure and Consent ("Disclosure"), applies to all Communications for those products, services and Accounts offered or accessible through the Service, or a mobile application used to access the Service, that are not otherwise governed by the terms and conditions of an electronic disclosure and consent. Please note that consenting to receive Communications under this Disclosure will not automatically enroll you in Paperless Statements.

As used in this Disclosure, "Account" means the account(s) you have with HAC now or in the future, including ones which you open through the Service. "Communication" means any customer agreements or amendments thereto, monthly billing or account statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the service or Account, including but not limited to information that we are required by law to provide to you in writing.

A. Scope of Communications to Be Provided in Electronic Form. You agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications and transactions includes, but is not limited to: (i) All legal and regulatory disclosures and communications associated with the Account or the product or service available through the Service for your Account. As an example, HAC may send by e-mail legally required notification of changes to terms and conditions related to your Account(s) or the Service. (ii) Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims. (iii) Privacy policies and notices. (iv) Monthly (or other periodic) billing or account statements for your Account(s) or such other Communications we may include from time to time as part of the enrollment in the Paperless Statements program ("Paperless Statements"). Related inserts may include, but are not limited to, marketing documentation and documentation required to be provided to you pursuant to regulatory rules, such as privacy notices and other important information regarding your Account. (v) Your consent to receive electronic Communications does not automatically enroll you in Paperless Statements. You must separately confirm that you would like to stop receiving paper account statements (and any other types of Communications we may include in Paperless Statements) by U.S. Mail.

B. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided by one or more of the following methods: (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication.

C. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form by contacting us at 1-800-413-4422, or, for Paperless Statements by changing your delivery preferences within the Service. In addition to the above-mentioned telephone number, you may withdraw your consent to receive Communications in electronic form by writing to us at: Home Acceptance Corporation, 1061 N. Kraemer Place, Suite G, Anaheim, CA 92806.

Withdrawal of consent for Paperless Statements may result in a fee or change in fee for some accounts. Please refer to your account agreement for additional information. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of the Service may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

D. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through the Service or by contacting us at 1-800-413-4422.

E. Hardware and Software Requirements. In order to access, view, and retain electronic Communications from us, you must have: (i) up-to-date Internet browser that we support to access your Account through the Service; (ii) up-to-date Internet browser that we support to access your Account through the Service; (iii) local, electronic storage capacity to retain our Communications and/or a printer to print them;(iv) a valid e-mail account and software to access it; (v) an up-to-date device or devices (e.g., computer, smartphone, tablet, etc.) suitable for connecting to the Internet; and, (vi) software that enables you to view files in the Portable Document Format ("PDF").

F. Requesting Paper Copies. You should not expect to receive a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by telephone, or by logging in to the Service and send a request using the “Contact Us” email form. We may charge you a reasonable service charge, of which we've provided you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

G. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing”. You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.

H. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

I. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

J. E-mail Address of Record for Accounts with Joint and/or Multiple Owners. Each account owner is able to provide an e-mail address for an Account in connection with each owner's consent to receive electronic Communications. Only one account owner's authorization is required to enroll in Paperless Statements. For purposes of electronic notification for Paperless Statements on a joint or multiple owner account, you agree that electronic notifications for Paperless Statements delivered to the e-mail address of the account owner who enrolls in Paperless Statements will constitute delivery to all account owners, even if all account owners may not have access to such e-mail address.

K. Interested Parties. If you have designated one or more interested parties to receive copies of your account statements or other documents, they will continue to receive copies of such documents via U.S. Mail.

L. Acceptance and Consent. By consenting to this Disclosure, you agree to the following statements:

I have read, understand and agree to be bound by the terms and conditions described above and consent to receive electronic Communications according to the process described above. I understand that I may incur costs, including but not limited to online time and other charges from my internet service provider, in accessing and/or viewing such document(s).

I understand and agree that: (i) certain documents will continue to be delivered to me via U.S. Mail that are not included in the Paperless Statements program and that in the future some or all of these documents may be made available for me to view electronically in accordance with this Disclosure; (ii) my consent to view documents electronically does not automatically expire and is not limited as to duration; (iii) HAC and/or its agents may revoke my participation in the Paperless Statements program at any time at its discretion; (iv) neither HAC, nor their agents will be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this Disclosure; and (v) inserts that may be provided along with my account statements contain important information or disclosures concerning my Account and I agree to review such inserts in a timely manner.

M. E-sign with Through Mobile.

(i) Scope of Communications to Be Provided in Electronic Form. You agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive Communications in electronic form includes, but is not limited to: (a) All legal and regulatory disclosures and communications associated with the Account or the product or service available through the Service for your Account. As an example, HAC may send by e-mail legally required notification of changes to terms and conditions related to your Account(s) or the Service. b) Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims. (c) Privacy policies and notices. (d) Monthly (or other periodic) billing or account statements for your Account(s) or such other Communications we may include from time to time as part of the enrollment in the Paperless Statements program ("Paperless Statements"). Related inserts may include, but are not limited to, marketing documentation and documentation required to be provided to you pursuant to regulatory rules, such as privacy notices and other important information regarding your Account. (e) Your consent to receive electronic Communications does not automatically enroll you in Paperless Statements. You must separately confirm that you would like to stop receiving paper account statements (and any other types of Communications we may include in Paperless Statements) by U.S. mail.

(ii) Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided by one or more of the following methods: (a) via e-mail, (b) by access to a website, including our mobile websites, that we will designate in an e-mail notice we send to you at the time the information is available, (c) to the extent permissible by law, by access to a website, including our mobile websites, that we will generally designate in advance for such purpose, (d) via our mobile applications, or (e) by requesting you download a PDF file containing the Communication.

(iii) How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form by contacting us at 1-800-413-4422, or, for Paperless Statements, by changing your delivery preferences within the Service. Withdrawal of consent for Paperless Statements may result in a fee or change in fee for some accounts. Please refer to your account agreement for additional information. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of the Service may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

(iv) How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through the Service or by contacting us at 1-800-413-4422.

(v) Hardware and Software Requirements. In order to access, view, and retain electronic Communications from us, you must have: (a) an up-to-date Internet or mobile browser that we support to access your Account through the Service or if accessing your Account through our mobile applications, one of the following mobile operating systems: Apple iOS 5.0 or later, Android OS 2.1 or later, or Windows Phone 7.5 or later; (b) an up-to-date Internet or mobile browser that we support to access your Account through the Service or if accessing your Account through our mobile applications, one of the following mobile operating systems: Apple iOS 5.0 or later, Android OS 2.1 or later, or Windows Phone 7.5 or later; (c) local, electronic storage capacity to retain our Communications and/or a printer to print them; (d) a valid e-mail address and software to access it; (e) an up-to-date device or devices (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet or for downloading our mobile applications or accessing our mobile websites; or (f) software that enables you to view files in the Portable Document Format ("PDF").

(vi) Requesting Paper Copies. You should not expect to receive a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by telephone, or by logging in to the Service and send a request using the “Contact Us” email form. We may charge you a reasonable service charge, of which we've provided you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

(vii) Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.

(viii) Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

(ix) Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

(x) E-mail Address of Record for Accounts with Joint and/or Multiple Owners. Each account owner is able to provide an e-mail address for the Account in connection with each owner’s consent to receive electronic Communications. Only one account owner's authorization is required to enroll in Paperless Statements.

For purposes of electronic notification for Paperless Statements on a joint or multiple owner account, you agree that electronic notifications for Paperless Statements delivered to the e-mail address of the account owner who enrolls in Paperless Statements will constitute delivery to all account owners, even if all account owners may not have access to such e-mail address.

(xi) Interested Parties. If you have designated one or more interested parties to receive copies of your account statements or other documents, they will continue to receive copies of such documents via U.S. mail.

(xii) Acceptance and Consent.

By consenting to this Disclosure, you agree to the following statements: I have read, understand and agree to be bound by the terms and conditions described above and consent to receive electronic Communications according to the process described above. I understand that I may incur costs, including but not limited to online time and other charges from my communications service provider, in accessing and/or viewing such document(s).

I understand and agree that: (a) certain documents will continue to be delivered to me via U.S. mail that are not included in the Paperless Statements program and that in the future some or all of these documents may be made available for me to view electronically in accordance with this Disclosure; (b) my consent to view documents electronically does not automatically expire and is not limited as to duration; (c) HAC and/or their agents may revoke my participation in the Paperless Statements program at any time at their discretion; (d) neither HAC nor their agents will be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this Disclosure; and (e) inserts that may be provided along with my account statements contain important information or disclosures concerning my Account and I agree to review such inserts in a timely manner.

N. Risks of Electronic Transactions and Access to Information. Your ability to access the Service may be limited during periods of high volume, systems upgrades and maintenance or for other reasons. If the Service is not available for transactions, or if conditions render its use inappropriate, you agree to use alternative means access your Account information, such as calling HAC. HAC will not be liable to you if you are unable to access the Service or complete transactions through it.

3. Account Payment Agreement. This Account Payment Agreement ("Addendum") supplements the Internet Service Agreement and Terms of Use (the "Agreement") to which you agreed at your initial logon to the Service, and amends and becomes a part of the Agreement. The terms of the Agreement and this Addendum are hereby ratified, affirmed and incorporated herein, and shall continue to apply in all respects, as amended hereby. Any capitalized term used but not defined herein shall be given the meaning ascribed thereto in the Agreement. In the event of any conflict between the terms of the Agreement and this Addendum, the terms of this Addendum shall be controlling. All references hereinafter to the term "Agreement" shall mean the Agreement as modified by this Addendum.

A. Payments.

(i) General Terms Applicable to Payments. You may use the Service to make one-time or repeating payments to your HAC Account(s) ("Payments"). When you use, or allow another to use, the Service to send instructions to us to take payments through the Service you agree to the following terms and conditions set forth in this Addendum. You agree that all of your payments made through the Service will appear on the statement for your respective accounts. Certain payments available through the Service may be subject to terms and conditions in agreements separate from this Agreement that apply to such other services. Please refer to the agreements and documentation that you receive for those services for that information. You agree to be bound by and comply with such other written requirements as we may furnish to you in connection with your accounts and other products that may be accessed via the Service. In the event of a conflict between the terms applicable to this Addendum and such other agreements, this Addendum terms and conditions shall control. Not all accounts are eligible for Payments. We reserve the right to limit eligibility to certain types of accounts and to change such eligibility from time to time.

(a) Definitions. As used in this Agreement, the following terms have the meaning set forth below.

"Business Day" refers to Monday through Friday, excluding federal holidays. "Business Day" also excludes Good Friday.

"Canceled" means when a payment will neither be processed nor sent for any reason;

"Current Day" refers to payment for an account that is scheduled with a present day Send On date; or the next Business Day if scheduled after the Cutoff Time;

"Cutoff Time" means the time by which we must receive Instructions to have them considered entered on that particular Business Day. See the paragraph entitled "Cutoff Times" for additional details;

"Delivery Method" means the way your payment is transmitted (i.e., either electronically or via check);

"Draft" means checks, or other negotiable instruments or items prepared by us or our agents and issued pursuant to your Instructions under Account Pay;

"Funding Failed" means when a payment will not be delivered after multiple unsuccessful attempts have been made to withdraw funds from the appropriate Pay From account or From Account on consecutive Business Days or when the financial institution holding your external account notifies us that your attempted payment from your external account could not be completed;

"Funds Needed" means when an Instruction made through the Service is not processed because the respective Pay From account or From Account had insufficient funds or available credit to complete the transaction after an attempt to withdraw the funds;

"Future Dated" means Instructions that are not scheduled to begin processing on the current Business Day;

"Instructions" means the information provided by you to us for an Account payment;

"Pay From account" means the deposit or eligible credit account you maintain from which payments will be made;

"Payment date" means the date you would like your payment to be processed for your HAC Account;

"Pending" means any Instruction that you have requested to be made that has not started to process and has not been Cancelled by you;

"Repeating Payment" means automatic recurring Account payments to the same Account, respectively, for the same amount which you can authorize for transmission;

B. Disclosure of Account Information to Third Parties. We may disclose information to third parties about your Account or the Account payments you make:

(i) as necessary to complete transactions.

(ii) in connection with the investigation of any claim you initiate.

(iii) to comply with government agency or court orders.

(iv) in accordance with your written permission.

(v) as otherwise permitted by the terms of our privacy policy.

Our privacy policy, which includes details about our information sharing practices and your right to opt-out of certain information sharing was provided to you when you opened your Account.

C. Cutoff Times. Cutoff Times are as follows on any Business Day (in Pacific Time):

(i) The Cutoff Time for payments to an Account will be reflected on the screen at the time your payment is scheduled.

All Cutoff Times referenced in this Agreement reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance of such Cutoff Times to eliminate the possibility of missing the cutoff. Instructions entered after the Cutoff Time with a Send On date that is the next Business Day may start to process immediately and may be Funded prior to the requested Send On date.

D. Service Fees. Unless otherwise noted in your Account agreement, we do not charge a monthly service fee for Payments. If we process a payment in accordance with your Instructions that is returned unpaid by your external account or is denied by your external account, we may assess a fee or charge interest for any such payment failure in accordance with the terms of your Account Agreement. We are not responsible for any payment request if there isn't enough money in the designated Pay From or From account.

E. Repeating Payments. Repeating payments that are for the same fixed amount each month will be sent on the same calendar day of each month, or on the prior Business Day if the regular Send On date or Transfer date falls on a non-Business Day. Repeating payments will be deducted from your Pay From account or From Account, on the Send On date, as applicable. In order to authorize a Repeating payment, you agree to have means to print a copy of your authorization for your records. If you do not have a printer, you agree to continue to authorize a Repeating transaction on a transaction-by-transaction basis until you have means of printing a copy of your authorization for your records.

If you wish to cancel a Repeating payment, you should cancel your transaction online. Future Dated may be Cancelled before 11:59 p.m. PT three Business Days before the Send On date. If for any reason you cannot access the Service, you may also call or write customer service at the phone number or address set forth in the “Contact Us" page of the Service. If you call, we may also require you to present your request in writing within seven (7) days after you call.

F. Payment Services. (i) General Terms Applicable to Payments. (a) Your responsibilities: You authorize us to remove funds from your designated Pay From account for all payments that you initiate and you agree to have sufficient available funds on the Send On date or Payment date for each such payment you schedule. If there are insufficient available funds to cover a Current Day payment, we will not retry the payment and it will be immediately rejected. In the alternative, if sufficient available credit or funds are not in your external account on the Send On date or Payment date, we will automatically try to debit your account up to two (2) more times on each of the two (2) succeeding Business Days. After the final attempt, the payment request will be Cancelled. You agree that we may, at our option, follow your Instructions to take payments, even though a charge to or a debit from your Pay From account may cause you to exceed your credit limit, or bring about or increase an overdraft.

G. Payments to HAC Accounts. Only Business Days may be chosen as Payment dates for HAC Accounts and Instructions must be received by us by the Cutoff Time to receive credit on that same Business Day; Instructions received on any non-Business Day or after the Cutoff Time on any Business Day will be processed on the next Business Day. Payments to HAC Accounts made before the Cutoff Time on any Business Day will be applied with the date the payment is submitted; payments made after the Cutoff time will be applied with the next Business Day's date. Updates to the outstanding balances of the HAC Account will be made by the Business Day following the Payment date.

H. Duplicate Payments. If you submit a duplicate Account Payment request, an error message may be displayed on our website and such duplicate payments may not be permitted. WE WILL NOT BE RESPONSIBLE FOR ANY PAYEE'S REFUSAL TO RETURN ANY DUPLICATE PAYMENTS MADE AS A RESULT OF SOFTWARE CHANGES THAT YOU DIRECT.

I. Your Liability for Unauthorized Payments. If you permit other persons to use the Service or your Password, you are responsible for any transactions they authorize from your external accounts. IF YOU BELIEVE THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR THAT SOMEONE HAS MADE PAYMENTS FROM YOUR EXTERNAL ACCOUNT WITHOUT YOUR PERMISSION, NOTIFY US AT ONCE, BY CALLING 1-800-413-4422 OR WRITING US AT HAC CUSTOMER SERVICE, 1061 N. KRAEMER PLACE, SUITE G, ANAHEIM, CA 92806.

J. Our Liability for Failure to Complete Payments. If we do not complete a payment request to your Account in the correct amount or according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example: (i) If, through no fault of ours, your external account does not contain sufficient funds to take the payment or payment would exceed any credit line or any overdraft for such external account; (ii) Your operating system or software was not functioning properly at the time you attempted to initiate such transfer or payment and it was evident to you at the time you began the payment; (iii) Circumstances beyond our control, such as fires, floods, acts of God, power outages and the like; (iv) The third party financial institution holding your external account, mishandles or delays processing Payments request; and, (v) If you have not provided us with complete and correct payment information, including without limitation the financial institution name, address, account number or payment amount.

The list of examples set out in this paragraph is meant to illustrate circumstances under which we would not be liable for failing to take a payment and is not intended to list all of the circumstances where we would not be liable.

K. Errors and Questions about Payments and Transfers. In case of errors or questions about your electronic payments to your Account(s) you should telephone or write us as soon as you can, at the address or phone number set forth in the “Contact Us” page of the Service if you think that your statement is wrong or you need more information about a payment listed on the statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. Tell us your name and the Account number(s) of the Account(s) involved. Describe the error or payment you are uncertain about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error. If you tell us in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days.

We will give you the results of our investigation within 10 Business Days (or 20 Business Days if your Account was opened less than 30 days prior to the date of the suspected error) after we hear from you. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 days (or 90 days if your Account was opened less than 30 days prior to the date of the suspected error) to investigate your complaint or question. If we decide to do this, we will credit the account in question within 10 Business Days (or 20 Business Days if your Account was opened less than 30 days prior to the date of the suspected error) for the amount you think is in error. Such crediting is referred to as a provisional credit. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit the Account(s) that was the subject of your complaint. We will tell you the results within three business days after completing our investigation. If we find there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we provisionally credit your Account, we may take back the amount of any credit if we find that an error did not occur.

4. Payment Terms. You agree to be responsible for any and all charges, damages and costs that you or anyone using your HAC Account incurs while using the Service. You agree to pay all fees and charges including, but not limited to, applicable, taxes, customer service fees, late fees and collection fees. All such charges, including all applicable taxes, are your sole responsibility.

5. Use of Software. HAC may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by HAC, for your personal, noncommercial, home use only. HAC does not transfer either the title or the intellectual property rights to the Software, and HAC retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by HAC or its licensors and you may not copy or use them in any manner.

6. Computer and Equipment Requirements. At the time of your initial registration to the Service, your computer equipment must comply with HAC's current minimum computer requirements that are described on the New Customer Registration page. The minimum computer requirements may change and HAC will make reasonable efforts to support previously acceptable configurations; however, HAC is not obligated to continue to provide such support.

7. Acceptable Use Policy. You agree to use the Services strictly in accordance with the Acceptable Use Policy located at https://www.homeacceptance.net/ which may be modified by HAC from time to time, and which is incorporated herein by reference and made a part of this Agreement.

8. Posting to HAC. You are solely responsible and liable for all information that you post, email, transmit or otherwise make available to HAC via the Service. You grant HAC a license to use the information and materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting HAC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of HAC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

9. Affiliated Sites. HAC has no control over, and no liability for any third party websites or materials. HAC works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither HAC nor the Site has control over the content and performance of these partner and affiliate sites, HAC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and HAC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that HAC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

10. Monitoring and Removal of Content. HAC is under no obligation to monitor the Service. However, HAC reserves the right at all times and without notice to remove, restrict access to, or make unavailable the Service.

11. Privacy. HAC respects your privacy and permits you to control the treatment of your personal information. A complete statement of HAC’s current Online Privacy Policy can be found here online. HAC’s Online Privacy Policy is expressly incorporated into this Agreement by this reference.

You are required to register your HAC account to use or access the Customer Services Site or Merchant Services Site. You must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify HAC immediately on any unauthorized use of your account, user name, or password. HAC shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by HAC, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

You authorize HAC to make inquiries and to receive information about your credit history from others and to utilize such information in its decision regarding its provision of the Service to you. You agree that HAC may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in the Online Privacy Policy. Please read the Online Privacy Policy.

12. Alleged Violations. HAC reserves the right to terminate your use of the Service and/or the Site. To ensure that HAC provides a high quality experience for you and for other users of the Site and the Service, you agree that HAC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. HAC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but HAC reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if HAC believes that you have violated any of the terms of this Agreement, furnished HAC with false or misleading information, or interfered with use of the Site or the Service by others.

13. Termination. Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must notify HAC by a non-electronic written submission sent to HAC at 1061 N. Kraemer Pace, Suite G, Anaheim, CA 92806. Email submissions to HAC shall not constitute effective notice. In the event of termination by HAC, HAC may notify you of such termination by electronic or other means.

14. Disclaimer of Warranties and Limitation of Liability. You expressly agree that HAC is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release HAC for any such claims based on the activities of third parties.

HAC HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER HAC, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. HAC DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED.

HAC’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HAC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY HAC. HAC AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE USE OF THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A HAC TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT HAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, HAC'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF ANY SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE HAC FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. HAC IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification. You agree to indemnify HAC for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless HAC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. HAC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost, provided that your participation will not be conducted in a manner prejudicial to HAC's interests, as reasonably determined by HAC.

16. Compliance with Laws and Intellectual Property Rights. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding appropriate use and intellectual property rights. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of HAC’s or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding appropriate use and intellectual property rights, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

17. Prohibited Uses. HAC imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HAC in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

18. Inappropriate Content. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. HAC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

19. Copyright and Trademark Notices. All contents of our Site and/or our Service are: Copyright © 2005 – Home Acceptance Corporation, 1061 N. Kraemer Place, Suite G, Anaheim, CA 92806. All rights reserved. Materials available on the HAC website are protected by copyright law. HAC is a trademark of Home Acceptance Corporation, and other HAC services referenced herein and other trademarks, logos, and service marks (collectively “Trademarks”) used in the Site are either actual service marks or registered service marks of Home Acceptance Corporation or their respective owners. Nothing contained in the Site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of HAC or any other Trademark displayed in the Site without express written permission of HAC or its respective owner.

20. Intellectual Property Infringement Claims. In accordance with Title 17, United States Code, Section 512(c)(3), if you believe that a Web page hosted by HAC is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with HAC at one of the following:

21. Governing Law and Jurisdiction. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the United Sates and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Ana, California, USA in all disputes arising out of or related to this Agreement, use of the Site or Service. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.

22. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any term or condition of this Agreement is held to be unenforceable, by a court of competent jurisdiction, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its terms and conditions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit HAC's rights and remedies available at law or in equity. HAC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable and transferable by HAC to third parties.

23. No License. Nothing contained on the Site or in this Agreement should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by HAC or by any third party.

24. California Use Only. The Site is controlled and operated by HAC from its offices in the State of California. HAC makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as HAC’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

25. Modifications. HAC may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. HAC shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following posting of any revision, you shall abide by any such revision.

26. How to Contact Us. For any questions regarding this Internet Service Agreement, your account, billing or other, please contact HAC at one of the following:

27. Acknowledgement. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM AND THIS AGREEMENT.

● Acceptable Use Policy

● Online Privacy Policy

● Your Online Privacy Rights as a HAC Customer

● Internet Services Agreement and Terms of Use