Welcome to the website of Shamrock Finance ( “Shamrock”, “we” or “us”). By using Shamrock’s website and services, you (“you” and “your”) are agreeing to the following terms and conditions (collectively referred to as the “Terms of Use”), govern your access to and use of Shamrock’s website located at www.shamrockfinance.com (together with any content, functionality or services offered on or through such website, collectively referred to as the “Website”). Please read these Terms of Use carefully before you use the Website. The Terms of Use are an agreement between you and Shamrock and have a binding, legal effect. By visiting, using or otherwise accessing the Website, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you shall not access or use the Website.
The Terms of Use may be revised, amended and updated from time to time in Shamrock’s sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website at any time following the posting of revised Terms of Use shall constitute your acceptance and agreement to be bound by the changes. It is the sole responsibility of you to review the Website, and this page specifically from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice. Shamrock shall not be liable if for any reason all or any part of the Website is unavailable for any period of time. Shamrock reserves the right to restrict any users’ including, but not limited to, your access to all or some parts of the Website at any time and without prior notice.
To access the Website or some of the resources offered by Shamrock therein, you may be asked to provide information including without limitation certain registration details. It is a condition of your use of the Website that all the information you provide to Shamrock through the Website is correct, current and complete. You agree that all information you provide to Shamrock to register with the Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your security information including, but not limited to, your user name and password. You hereby agree to notify Shamrock immediately of any breach of security including, but not limited to, unauthorized access to or use of your user name or password. You also agree to ensure that you exit from your account at the end of each session. You shall use reasonable caution when accessing your account from a public or shared computer in a manner so that others are not able to view or record your personal information including, but not limited to, your social security number, user name and password.
Shamrock reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason at all, including, without limitation, if, you have violated any provision of these Terms of Use, or if you or your company have breached or are otherwise in default under
The Website and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Shamrock, its licensors or other providers of such material and are protected pursuant to applicable law which may include, but shall no be limited to, the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Shamrock reserves the right to any legal claims against you or any user for any act in contravention thereof including but not limited to in the event you reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your Web browser for display enhancement purposes.You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.Modify copies of any materials from the Website.Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Shamrock. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The company names of ”Shamrock Finance LLC”, “Shamrock Finance” and “Shamrock”, together with the Shamrock logo and all related names, logos, product and service names, designs and slogans are trademarks of Shamrock and/or its affiliates and/or licensors. You shall not use such marks without the prior written permission of Shamrock without incurring the risk of being subject to legal claims including without limitation a violation of Shamrock’s intellectual property rights at common law or otherwise. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.To impersonate or attempt to impersonate Shamrock, any employee or contractor of Shamrock, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.Use any device, software or routine that interferes with the proper working of the Website.Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempt to interfere with the proper working of the Website.We have the right to terminate or suspend your access to all or part of the Website at any time and for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Notwithstanding the foregoing, our dealer customers may in all cases rely upon and assume the accuracy of any information set forth on the Finance Program, Rate, Fee and Term Schedule that is provided to such dealer customer through its dealer account page that is made available through the Website.
The Website may include content provided by third-parties, including materials provided by other users, third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Shamrock, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Shamrock. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Notwithstanding the foregoing, any information that may be set forth on a Finance Program, Rate, Fee and Term Schedule that is provided to you through your dealer account page shall be deemed current and up-to-date.
If the Website contains links to other websites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
IF YOU RELY ON THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER PROBLEMS WITH THE WEBSITE OR THE CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE, PUBLISHED OR PROMOTED ON OR THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU “AS-IS.” NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE MADE AVAILABLE, PUBLISHED OR PROMOTED ON OR THROUGH THE WEBSITE (OR THAT MAY BE REFERRED TO OR ADVERTISED ON OR THROUGH THE WEBSITE), NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE TO INDEMNIFY AND HOLD SHAMROCK, ITS AFFILIATES SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, AGENTS, LICENSEES AND ATTORNEYS HARMLESS AGAINST ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, DAMAGES, DEMANDS, PAYMENTS, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEE AND COURT COSTS), LIABILITIES AND RECOVERIES OF WHATEVER NATURE (“CLAIM”), THAT ARISE OUT OF OR IN CONNCTION WITH, IN ANY WAY, OF THE FOLLOWING: (1) YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY PORTION THEREOF, OR ANY CONTENT OR OTHER INFORMATION THAT YOU MAY ACCESS ON OR THROUGH THE WEBSITE; (2) ANY CLAIM BROUGHT BY A THIRD-PARTY IN CONNECTION THEREWITH OR ARISING THEREFROM INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR YOUR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR CLAIM FOR ANY VIOLATION BY A THIRD-PARTY WHO ACCESSED AND/OR USED THIS WEBSITE UNDER YOUR ACCUNT; and (3) ANY CLAIM FOR YOUR CONDUCT TO BE WRONGFUL OR IMPROPER USE WHETHER ACTUAL OR ALLEGED IN VIOLATION OF THE TERMS OF USE HEREOF OR APPLICABLE LAW, FEDERAL OR STATE
UNDER NO CIRCUMSTANCES WILL SHAMROCK OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE THAT MAY BE ADVERTISED OR PROMOTED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE OR THEY ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF A LEGAL CLAIM OF ANY KIND RELATING TO THE WEBSITE OR THESE TERMS OF USE WILL NOT EXCEED ONE THOUSAND AND NO/100 ($1,000) DOLLARS.
IN THE EVENT YOU ARE USING OUR WEBSITE ON BEHALF OF A BUSINESS ENTITY INCLUDING BUT NOT LIMITED TO CORPORATIONS, LIMITED LIABILITY COMPANIES, LIMITED LIABILITY PARTNERSHIPS, ETC. THAT BUSINESS ACCEPTS THE TERMS OF USE. THAT BUSINESS ENTITY SHALL HOLD SHAMROCK HARMLESS AND HEREBY INDEMNIFIES SHAMROCK, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, SUCCESSORS. ASSIGNS, AGENTS AND ATTORNEYS FROM ANY CLAIM OR OTHER ACTION ARISING FROM OR RELATED TO ITS USE OF THE WEBSITE OR VIOLATION OF THE TERMS OF USE INCLUDING WITHOUT LIMITATION REASONABLE EXPENSES AND REASONABLE ATTORNEYS’ FEES.
The Terms of Use and all other elements of the relationship between Shamrock and each user including, but not limited to, you and relating to the Website shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard for its conflict of law principles. By using the Website, you irrevocably submit to the personal and exclusive jurisdiction and venue of the state and federal courts of Essex County and Suffolk County in the Commonwealth of Massachusetts, , and agree that any and all Claims or disputes relating to the Website or your use thereof, to the extent initiated and/or brought by you against Shamrock or its affiliates, shall be brought in the state or federal courts of Essex County or Suffolk County, Massachusetts. Further, you expressly waive any objection based upon lack of personal jurisdiction, improper venue or forum non conveniens with respect to any action commenced against you in such forum by Shamrock. You acknowledge and agree that Shamrock and its affiliates reserve the right to initiate and prosecute any action against you in any court of competent jurisdiction, and you consent to such forum as Shamrock or its affiliates may elect.
ANY LEGAL OR OTHER PROCEEDING COMMENCED BY OR ON YOUR BEHALF UNDER THESE TERMS OF USE OR IN CONNECTION WITH YOUR USE OF THE WEBSITE SHALL TAKE THE FORM OF AN INDIVIDUAL ACTION OR PROCEEDING (AND NOT OF A CLASS ACTION OR PUTATIVE CLASS ACTION OR OF A COLLECTIVE, REPRESENTATIVE OR OTHER SIMILAR ACTION OR PROCEEDING). CLASS ACTIONS OF ANY KIND (WHETHER PURSUED THROUGH THE COURTS ARE OTHERWISE) ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND OUR AFFILIATES AND RELATED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. BY VISITING, USING OR OTHERWISE ACCESSING THE WEBSITE, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SIMILAR REPRESENTATIVE ACTION OR PROCEEDING.
The Terms of Use are a complete agreement between you and Shamrock except where expressly provided herein.
The Terms of Use describe the entire liabilities of Shamrock and provide you with all of your legal remedies.
Waiver of any term herein, or any determination of any term herein to be unlawful, shall not be deemed a further or continuing waiver or determination of unlawfulness of any other term. In such event, each term and provision shall be segregated to reserve and shall remain in full force and effect. Shamrock’s failure to assert its rights pursuant to the Terms of Use shall not be determined to be a waiver of any kind.
Notwithstanding anything to the contrary in the Terms of Use, you acknowledge that these Terms of Use shall be supplemental and in addition to any terms and conditions that may be set forth in any loan documents or other agreements that you may enter into with Shamrock, and the Terms of Use shall not in any way be deemed to limit or reduce any right that Shamrock has or may have under any loan document or other agreement that it may have in place with you or your company. In the event of any conflict between the Terms of Use and any loan document that you may enter into with Shamrock (or that may already be in place between you and Shamrock), the provision of such loan document shall prevail, be given priority and be deemed controlling.
To ask questions or comment about these Terms of Use, info@shamrockfinance.com
Effective Date: September 2, 2020
