BANKHUNTER.COM TERMS AND CONDITIONS OF USE AGREEMENT
LIONESS FINANCIAL SERVICES, INC.CONDITIONS OF USEBy continuing on to the website, you accept these conditions. Please read them carefully. THIS TRANSACTION IS NOT AN APPLICATION FOR CREDITBankHunter.com (“BankHunter”) is an automated online service of Lioness Financial Services, Inc. (“Lioness”) that provides consumers (User) with recommended finance sources to consider when locating secondary market finance sources that may be willing to purchase motor vehicle retail installment sales contracts. Such sources may include banks, credit unions, leasing companies, and sales finance sources.REGISTRATIONBy using BankHunter Services, you represent and warrant that you are (1) willing to enter into this Agreement for services; (2) you are the individual user; and (3) all information you submit is truthful and accurate.THIS TERMS AND CONDITIONS OF USE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS GOVERNING THE USE OF BANKHUNTER SERVICES. PLEASE READ THIS AGREEMENT OF USE CAREFULLY. By using the BankHunter Services, you acknowledge and accept that the use of this website and the usage thereafter of the services constitute agreement to this Terms and Conditions of Use Agreement (“Agreement”). Lioness may, at its sole discretion, modify this Agreement from time to time and such modification shall be effective upon posting by Lioness on the BankHunter.com website. User agrees to be bound by any changes to this Agreement when it uses BankHunter Services after any such modification is posted.SERVICESUser acknowledges that upon submission of complete and appropriate pre-qualitfication information to BankHunter by User, BankHunter will recommend to User a maximum of three finance sources. BankHunter recommendations are based upon the results of analyzing the information submitted against a proprietary sorting algorithm designed and owned by Lioness. User understands that the core of the BankHunter service is to provide the User with a recommendation list of those secondary market financing sources that may be willing to purchase the motor vehicle installment sales contract or lease agreement. User acknowledges that BankHunter Services makes recommendations only. User understands that BankHunter Services does not and will not provide credit information to any financing source for credit approval and acknowledges it must contact, in its sole discretion, the recommended financing sources for credit approval.FEES(A) The user pays no fee for use of the BankHunter service.
(B) Fees are subject to periodic change at the discretion of Lioness. User acknowledges and agrees that this Agreement will be modified to include any period change in fees will be effective upon posting on the BankHunter.com website.NO GUARANTYLioness through its BankHunter Services covenants to make recommendations of finance sources most suitable and appropriate to each specific application. However, User acknowledges, understands, and agrees that not all recommendations will result in User obtaining credit approval and that it will be impossible to locate a finance source willing to purchase every potential motor vehicle installment sales contract or lease agreement, or agree to engage in every proposed direct lease transaction based upon a recommendation made by BankHunter.User acknowledges that any and all statements, lists, examples, or indications of User averages set forth on website with respect to benefits, while based on our historical aggregate data, is intended for advertising purposes only, and therefore are not promises or guarantees of BankHunter or Lioness. User agrees that BankHunter or Lioness is not responsible should User not realize similar benefits, revenue, or averages for any reason whatsoever.

TERMS RELATING TO CREDIT INFORMATIONLioness agrees to hold nonpublic personal information in confidence and not to intentionally disclose such nonpublic personal information to any third party or use it for any purpose other than as necessary to carry out the BankHunter Services. Lioness agrees to maintain reasonable physical, technical, and administrative safeguards to protect nonpublic personal information from unwarranted, accidental or unauthorized access, disclosure, modification or destruction.OTHER REPRESENTATION AND WARRANTIES OF USERUser warrants and represents that:(A) Neither BankHunter nor Lioness is an employee, agent, representative or broker of or on behalf of User and User warrants that no such representations shall be made to any party.
(B) Every person who purports to be transacting business with Lioness is authorized to be transacting business with Lioness. 
(C) User is not a party to, or threatened with, any litigation, governmental or other proceeding, investigation or other controversy, and there is no claim which might reasonably be expected to be raised by any person or entity against User that might affect the validity of this Agreement or the transactions contemplated herein. There is no outstanding order, writ, injunction, or decree of any court or governmental agency against or affecting User.
(D) The representations and warranties set forth herein shall be deemed to be relied upon as being true and correct as of the date of the execution of this Agreement, by User, regardless of any investigation. User will not take any action or fail to take any action that will result in any representation or warranty contained herein not being true and correct.
(E) This provision shall survive the expiration or termination of this Agreement. INDEMNITYUser agrees to indemnify and hold Lioness free and harmless, from and against and to reimburse Lioness with respect to any and all claims, demands, fees, fines, penalties, settlements, judgments, obligations, suits, losses, liabilities, damages, injuries, costs or expenses (including costs of investigation, settlement, and defense of such claims, plus interest, penalties and attorneys’ fees) arising from or on account of (1) the inaccuracy or breach of any of User’s agreements, representations or warranties contained in this Agreement or in any exhibit or other instrument furnished or to be furnished by User under this Agreement; or (2) any lawsuit, obligation or other liability relating to User arising out of use or any other transactions or other circumstances concerning actions taken by User in the performance of its obligations under this Agreement. In the event any action, suit or administrative proceeding is instituted against BankHunter.com or Lioness in which it is alleged any claim which, either expressly or by inference, indicates that the User breached some provision of this Agreement, or that any representation or warranty made by User herein is untrue (including ,without limitation, such claims as may be asserted Lioness pursuant to 16 C.F.R. part 433 or California Civil Code Section 2983.5 or comparable statutes of other jurisdictions) then User agrees to: (a) defend Lioness, it’s officers, employees and agents in such actions at User’s expense. In the event the User and Lioness cannot agree on the identity of counsel within ten (10) days of Lioness providing notice to the User of the term of such action or proceeding, User agrees that Lioness may retain counsel of it’s own choosing to represent therein, the fees and costs for which will be paid by the User; and (b) indemnify and hold Lioness, it’s officers, employees and agents harmless from and against any and all liability, loss, suits, claims, costs, damages and expenses of whatever amount and whatever nature, including ,without limitation, reasonable attorneys fees and costs of suit (whether for consultation and advice or for representation and litigation at the trial and appellate level). This provision shall survive the expiration or termination of this Agreement.ASSIGNMENTLioness and User shall have the right to assign this Agreement and all of the mutual obligations of each party rights under it, subject to the terms and provisions of this Agreement, provided that the assignee assumes all obligations of the assigning party. Lioness and User agree to execute all documents and to perform all obligations imposed on Lioness and User as if the assignee was the original party in this Agreement. On the assignee’s assumption of Lioness or User’s obligations, the assigning party shall be relieved of liability under this Agreement. This provision shall survive the expiration or termination of this Agreement.MISCELLANEOUS PROVISIONSThis Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. The captions of paragraphs used in this Agreement are for convenience only. This provision shall survive the expiration or termination of this Agreement.GOVERNING LAWThis Agreement has been executed in Sacramento County, State of California, and shall be governed by and construed in accordance with the laws of the State of California. Any legal action to enforce or interpret the provisions of this Agreement may be commenced only in the Municipal or Superior Court of the County of Sacramento, State of California. If any legal or equitable action or any arbitration is brought for the enforcement of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. This provision shall survive the expiration or termination of this Agreement.EFFECTIVE DATEThis Agreement shall be deemed to be in full force and effect, and the User shall be entitled to commence utilization of the BankHunter Services offered by Lioness, upon Lioness’s receipt of a registration submitted electronically by the User. This Agreement shall remain in full force and effect while using BankHunter Services and, where directly or indirectly applicable, its provisions shall survive the expiration and termination of this Agreement.OWNERSHIP
BankHunter.com is an online service of Lioness Financial Services, Inc. User acknowledges and agrees that all text, images, graphics, animation, videos, music, sounds, and other materials on this website are subject to the copyrights, trademarks, and other intellectual property rights of Lioness Financial Services, Inc., its affiliated companies, and its licensors. Lioness Financial Services, Inc. owns the copyrights and trademarks in the selection, arrangement, organization, and coordination of the materials on this website. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.ELECTRONIC COMMUNICATIONSWhen you visit BankHunter.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.