The following terms and conditions (“Terms and Conditions”) govern the use of our website located at www.peritusservices.com (this “website”). By accessing, viewing, or using the content, material, goods or services available on or through our website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this website and must exit immediately.

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These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the website for at least 60 days after the change. It is the obligation of users to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any user who has visited the website before the change was made.

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This website has been prepared solely for the purpose of providing information about Peritus Portfolio Services II, LLC (“Peritus Portfolio Services”), and the goods or services offered by Peritus Portfolio Services makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and it shall not be responsible for any errors or omissions in the website. Peritus Portfolio Services reserves the right to add, modify or delete any information on this website at any time, with or without notice.

 

Proprietary Information

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All website text, graphics, design, selection and arrangement, names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to Peritus Portfolio Services . Use or misuse of this proprietary information is expressly prohibited. Permission is granted to download and print materials from this website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission of Peritus Portfolio Services, is strictly prohibited.

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Disclaimers

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This website, the website materials on and in and made available through this website, and the goods or services and information offered by Peritus Portfolio Services in its website are made available “as is” and “with all faults.” Use of this website is entirely at your own risk.

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The contents of Peritus Portfolio Services’ website are provided for general informational purposes only, and the information contained therein is not and must not be relied upon as credit or legal advice. Because Peritus Portfolio Services website is updated periodically, the information contained therein may not be the most current information available to Peritus Portfolio Services and Peritus Portfolio Services cannot guaranty that the information contained therein is correct or complete at any particular time. Further, Peritus Portfolio Services has no control over and cannot guaranty the accuracy of information available through any links on its website. Visitors to and users of Peritus Portfolio Services’ website should not: (1) assume that information contained in the contents of Peritus Portfolio Services’ website are up to date; (2) rely on any information provided for any purpose without first seeking independent advice; and (3) provide any information through Peritus Portfolio Services’ website if the user considers the information to be confidential, as the website may not be secure. Providing information to Peritus Portfolio Services does not create or result in any relationship between us and you, whether as credit-advisor-consumer, attorney-client, fiduciary, or otherwise.

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Peritus Portfolio Services makes no representations or warranties, and disclaims all representations and warranties, with respect to this website, the website materials on and in and made available through this website, the goods or services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all website materials on and in and made available through this website is with you.

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Peritus Portfolio Services shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this website, the website materials on and in and made available through this website, or the goods or services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Peritus Portfolio Services to any person or entity in connection with, based upon, or arising from this website, the website materials on and in and made available through this website, or the goods or services, information, or products offered in connection therewith exceed the price paid by you for use of this website.

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Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of Peritus Portfolio Services. As such, Peritus Portfolio Services can make no representations concerning the content of these sites, nor shall it be construed that Peritus Portfolio Services has endorsed of any of these sites. Peritus Portfolio Services is providing links to these sites as a convenience. Peritus Portfolio Services has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found on these sites. Peritus Portfolio Services is not responsible for any content, information, products, goods or services, or software offered by any other party or at any other website. Nothing contained on Peritus Portfolio Services’ website should be construed as an endorsement or recommendation of any product, service or website by Peritus Portfolio Services.

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Governing Law and Jurisdiction

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These Terms and Conditions, including, without limitation, Peritus Portfolio Services’ Privacy Policy and Notice, represent the entire agreement with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.

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By accessing, viewing, or using the works, content, or materials on Peritus Portfolio Services’  website, you consent to the exclusive jurisdiction of the federal and state courts presiding in the county of Irving, Texas, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. Peritus Portfolio Services’ website is controlled and operated from its offices within the United States. Peritus Portfolio Services makes no representation that the works, content, materials, services, information, or products available on, in, or through the website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Persons or entities choosing to access this website from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Peritus Portfolio Services to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions. Peritus Portfolio Services reserves the right to terminate access to its website for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

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