Terms of Use
Canvas Holdings, LLC (referred to herein as “Canvas,” “we,” “our” or “us”) is operator of the website, at www.canvasconsumer.com (the “Site”), an informational website highlighting Canvas’s services to potential consumers (“you”) who wish to gain information about Canvas and its operations (“Services”). These Terms of Use (“Terms”) describe our policies and practices while you are using our Site.
BY AGREEING TO USE OUR SITE, YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT GOVERNS ANY USE OF THE SITE BY YOU.
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- Notice. The Site is owned and operated by Canvas. We have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any services offered by the Site. You may visit our Site at any time to read these Terms and learn of any revisions made to these Terms. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
- Intended Use. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred.
- The Site is intended for your benefit to become familiar with Canvas and its Services.
- You understand that Canvas does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Services or any third-party services or products posted on or offered through our Site.
- You understand that any statements by Canvas, its employees, agents, and affiliates are provided for informational purposes only.
- Our Services.
- In General. Canvas offers information to consumers regarding Canvas’s services.
- Use of Information and Materials on our Site.
- The information contained on our Site is subject to change without notice.
- While Canvas makes every effort to ensure that the information on our Site is accurate, Canvas makes no representations or warranties as to the accuracy or reliability of any information provided on our Site.
- Any unauthorized use of our Site and systems including, but not limited to, unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site, is strictly prohibited.
- Except as expressly granted herein, the viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited. Canvas grants you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
- Third Party Links/Services. For the convenience and benefit of consumers, we will, from time to time, engage various third-party service providers (collectively, “Vendors”) to provide certain services related to processing consumer applications, the underwriting process, and other services (collectively, “Third-Party Services”) which are accessible via links from the Site or derived from use of the Site. Although Third-Party Services may be “white labeled” with Canvas’s name and branding, such Third-Party Services are managed exclusively by the Vendors. To use Third-Party Services and access Vendor systems, you will be required to set up an account and provide various personal and financial information to the Vendor. Please note that your use of any Third-Party Services will be subject to each Vendor’s terms and privacy policies – not ours. These Terms apply solely to our Site and do not apply to Third-Party Services and/or any other websites to which we may provide links. We are not responsible for the content, accuracy, or opinions expressed in such linked Vendors or websites, and the inclusion of such links on our Site does not imply our approval or endorsement of such websites. Please be aware that Canvas is not responsible for and cannot control the terms of use, privacy policies and conditions of Vendors or other websites. We encourage you to be aware of when you leave our Site (i.e., whenever you are required to register or login), and to read the Vendor terms of use and privacy policy of each Third-Party Service and other website you access and use.
- Third Party Links/Services.
- By using the Site, you also agree to the privacy standards set by Canvas. Canvas is committed to protecting the privacy of its online users. Our Privacy Policy, available on the Site, is incorporated into these Terms by reference.
- Information from the Site. Except as provided in these Terms and our Privacy Policy, Canvas will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site. Canvas, however, will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
- Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in these Terms. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.
- Enforcement.
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- Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, CANVAS DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CANVAS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES PROVIDED BY CANVAS. IN NO EVENT WILL CANVAS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF CANVAS HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to defend, indemnify, and hold harmless Canvas and its officers and employees (the “Canvas Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Canvas Parties may incur arising out of or resulting from your use of the Site or any of the Services of Canvas.
- Choice of Law and Venue. THESE TERMS WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY USING THE SITE, YOU HEREBY IRREVOCABLY SUBMIT YOURSELF TO THE EXCLUSIVE VENUE AND PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THESE TERMS OR ITS ENFORCEMENT. YOU ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE AND PERSONAL JURISDICTION YOU MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DALLAS COUNTY, TEXAS, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THESE TERMS OR ITS ENFORCEMENT.
- Severability. If any provision of these Terms are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
- Additional Provisions Regarding Liability. You and Canvas agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
- Notices. Any notices or communication sent by you to Canvas pursuant to these Terms will be in writing and sent to the address specified herein or such other address as Canvas may specify in writing.
All notices must be sent to:
Canvas Holdings, LLC
P.O. Box 17368
Austin, TX 78760
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- Additional Information.
- Trademarks. Canvas is the owner of the CANVAS marks displayed throughout the Site as well as all related slogans and logos (the “Canvas Marks”). All other marks and logos appearing on the Site are owned by their respective owners. Canvas is the owner of the Site, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery. All rights are reserved.
- Copyrights. Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, the data displays, software, graphical user interfaces, icons, photos, video, and graphics. The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Canvas and the copyright owner, if applicable. All rights are reserved.
- Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Canvas. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
- Contact Us. If you have any questions or suggestions regarding these Terms, please contact us via email at: compliance@canvasholdings.com.