Website Terms and Use

The following Terms and Conditions apply to your access to and use of https://www.commonsenselending.com and any other website or Online Services where these Website Terms and Conditions are posted (together, the “Website”), currently owned and operated by CSL Financial, LLC, and any current or future information, content, products, services, transactions, and other features available thereon.

Please be sure to read these Website Terms and Conditions carefully as well as our Privacy Policy. Use of the Website and registration for access to portions of the Website will be deemed your acceptance to abide by these Website Terms and Conditions and CSL Financial, LLC’ s Privacy Policy. These Website Terms and Conditions are in addition to any other terms that may apply to a loan agreement or other product or service that you receive from CSL Financial, LLC. Where appropriate, please review those separate terms. 

A.   Definitions:  

“Access Information” means any or all of the following information: your Account number, user name, password and any other security or access information to your Account. 

“Account” means an active or inactive loan agreement with CSL Financial, LLC whether the account is solely in your name or if there are other persons or entities on the same account with you. 

“Account Holder” means any person(s) or entity singularly or jointly responsible for the obligations on the Account. 

“Online Services” means services offered by CSL Financial, LLC through the Website or any future digital platform or other form of media available to Account Holders or their designees. 

“We,” “us,” and “our” refer to CSL Financial, LLC, its affiliates, agents and service providers or any authorized assignee of the foregoing. 

“You” and “User” shall refer to all individuals or entities accessing the Website or any Online Services for any reason. Whenever “you” is more than one person with respect to any Account or relationship, the obligations and agreements applicable under these Website Terms and Conditions shall apply jointly and severally wherever appropriate. 

B.  Terms and Conditions

1. Security.  CSL Financial, LLC makes no warranty whatsoever to you, express or implied, regarding the security of the Website and Online Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website and Online Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. CSL Financial, LLC is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
2. Protecting Account Information. You are solely responsible for maintaining the security of your Account (including use of Online Services) and any payment instructions you provide to us, including any funding account(s) and their passcodes and any other authentication credentials used in connection with your Account and the Online Services (collectively, “Credentials”). If you authorize or allow anyone else to use your Account or Online Services (e.g., by providing your passcode or otherwise providing any of your Credentials to a third party), the person may be able to make payments, and you will be liable for all payments made by that person.
3. Changes; Discontinuation; Termination of Online Services. We may change or discontinue any feature or all features of the Online Services at any time. We will notify you of any changes to the Online Services or our intention to stop offering any or all of the Online Services feature(s). We will provide notice of such changes by either posting a notice of the change or discontinuation on our Website and/or sending notice of the change or discontinuation to the mailing address for your Account or to the email address you have provided us. If you use any or all of the Online Services after the effective date of the change or discontinuation, you agree that such action will indicate your acceptance to the change or discontinuation.

   You agree that we may from time to time amend all or any part of these Website Terms and Conditions. We will notify you of any change to these Website Terms and Conditions as required by applicable law. Any such changes shall take effect as soon as they are posted on the Website. Your use of the Website after the effective date of such changes shall constitute your agreement to be bound by the terms of the changes. You should also review these Website Terms and Conditions periodically for any changes.

4. Suspension or Termination of Online Services. You agree not to use the Online Services to: (a) engage in fraudulent activity; (b) violate any statute, regulation or other legal authority; (c) violate or attempt to violate the intellectual property rights provision in these Website Terms and Conditions; (d) interfere with or obtain unauthorized access to our computer systems or software or those of any third party; or (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website. In the event of an occurrence of any of the above or of any misconduct by you as determined in our sole discretion, we may terminate or suspend your access to any or all of the Online Services at any time without further notice. If you notify us that your Access Information has been accessed by someone without your authorization, we may suspend access to the Website or any of our Online Services until we can be sure that your Access Information has been secured.
5. Your Account Information. You agree that any information you provide to us in connection with your Account will be true, correct and complete. To prevent unauthorized access to your account on the Website or through our Online Services, you agree to keep your Access Information confidential and protected. You agree to take appropriate steps to prevent your Access Information from getting into the possession of any unauthorized individual. You agree to contact us immediately if you believe that your Access Information has been used without your authorization. We will not be responsible for any loss you may suffer as a result of an unauthorized person using your Access Information without your permission or knowledge or beyond the scope of your authorization. You are solely responsible for your errors and negligence in using the Website or Online Services, including but not limited to input errors, negligent handling or sharing of passwords, or leaving your computer or any other device unattended while accessing your Account.
6. Availability of the Website. The Website and the Online Services are currently available for your use 7 days a week, 24 hours a day. However, from time to time, we may perform maintenance upon the Website or our Online Services, resulting in interrupted service, delays, or errors. Under certain circumstances, we may deny your access to the Website or an Online Service or any part thereof.

   CSL Financial, LLC makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service to a mobile device.

7. No Representations or Warranties on Content.
1. THE WEBSITE, THE ONLINE SERVICES AND THE CONTENT ARE BEING PROVIDED TO YOU ON AN “AS-IS” BASIS. CSL FINANCIAL, LLC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ONLINE SERVICES OR CONTENT.
2. CSL FINANCIAL, LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITE OR THROUGH THE USE OF OUR ONLINE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
3. IT IS SOLELY YOUR RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION OR CONTENT ON THE WEBSITE AND/OR THE ONLINE SERVICES.
8. Indemnification. You agree to indemnify and hold us and our agents, officers, employees and affiliates harmless from any and all claims, liabilities, damages, cost and expenses (including, reasonable attorneys’ fees and costs) (together, “Losses”) caused, directly or indirectly, by or arising, directly or indirectly, out of your use of the Website or any Online Services. When you agree to indemnify and hold another party harmless, you agree to protect, defend and pay for certain amounts. You will not be required to indemnify CSL Financial, LLC or to hold us harmless for Losses caused solely by or arising out of the gross negligence or intentional wrongdoing of CSL Financial, LLC, its agents, officers and employees.
9. LIMITATION OF LIABILITY. YOU AGREE THAT CSL FINANCIAL. LLC SHALL, IN NO EVENT, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF REVENUE OR BUSINESS, AS A RESULT OF:
1. YOUR ACCESS AND USE OF THE WEBSITE OR THE ONLINE SERVICES OR INABILITY TO ACCESS OR USE;
2. YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL OR COMMERCIAL USE;
3. YOUR DOWNLOADING OF ANY CONTENT WITHOUT CSL FINANCIAL, LLC’S PRIOR WRITTEN PERMISSION REGARDING THE SAME;
4. YOUR RELIANCE ON OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED, PRINTED, OR ADVERTISED ON THE WEBSITE; OR
5. ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE WEBSITE OR ONLINE SERVICES, EVEN IF CSL FINANCIAL, LLC OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.

IF YOUR STATE OF RESIDENCE DOES NOT PERMIT A LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DISCLAIMERS OF CERTAIN WARRANTIES AS DESCRIBED IN THESE TERMS AND CONDITIONS, THEN ALL OR A PORTION OF THOSE SECTIONS WILL NOT APPLY TO YOU.

1. Third-Party Rights and Links. These Website Terms and Conditions are for the benefit of CSL Financial, LLC, its affiliates, and third-party licensors, each of which shall have the right to enforce and assert the Website Terms and Conditions directly against you on their behalf.

   The Website may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being providing for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions establish by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors.  We reserve the right to terminate a link to a third-party website at any time.

2. Remedies. You acknowledge that CSL Financial, LLC may be irreparably damaged if these Website Terms and Conditions are not specifically enforced, and damages at law (i.e., monetary damages) would be an inadequate remedy. Therefore, you agree that in the event of a breach or threatened breach of any provision of these Website Terms and Conditions by you, CSL Financial, LLC shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Website Terms and Conditions. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Jefferson County, Alabama, or the United States District Court, Northern District of Alabama. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. No failure, omission, or delay on our part to exercise any right or remedies under these Website Terms and Conditions will preclude any other further exercise of that right or other right under these Website Terms and Conditions.
3. Miscellaneous.
1. These Website Terms and Conditions are to be governed and construed in accordance with the internal laws of the State of Alabama, without regard to principles of conflicts of laws.
2. The headings contained in these Website Terms and Conditions are for convenience of reference only, are not to be considered a part of these Website Terms and Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Website Terms and Conditions.
3. All covenants, agreements, representations and warranties made in these Website Terms and Conditions, as may be amended by CSL Financial, LLC from time to time, shall survive any termination of these Website Terms and Conditions or non-use of the Website and/or the Online Services by you.
4. These Website Terms and Conditions will not change any of the terms and conditions of your Account, which terms are memorialized in the loan agreement you signed.  If any of the terms of these Terms and Conditions contradict any of the terms of your Account, the terms of your Account shall control.
5. If any portion of these Terms and Conditions are not valid then, to the extent possible, that part will be interpreted according to your and our intent and the other portion(s) will remain valid.