Frankel Realty LLC Terms of Service

You are currently viewing a page of a Web site (the "Site") belonging to Frankel Enterprises, Inc. ("Company"). This Site and any of the services provided by Company in connection with this Site (the "Services") are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. By accessing this Site you agree to be bound by these Terms of Use. If you do not agree to all Terms of Use, please do not use this Site.

"Services" under these Terms of Use include financial services for consumers and businesses and business services offered to you directly by Company, and additional services available to you from independent third party service providers accessed through navigation from the Site.

Copyrights/Trademarks/Restrictions on Use

All of the pages and screens on the Site are owned and controlled by Company or an affiliate of Company, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, photos, logos, files, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without Company's prior written consent. Featured words and designs used on the Site to identify the source of goods and services are trademarks and service marks owned by Company or owned by third parties. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this paragraph. You may not use any of the Company trademarks as a link to the Site except pursuant to a written trademark license agreement.

You may not use or permit others to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not use or permit others to use the Site to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising any or in any way making up a part of this Site. You may not access or attempt to access password protected, secure or non-public areas of the Site or create links from any web site or web page to any page within the Site.

YOU AGREE TO INDEMNIFY AND HOLD COMPANY, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE SITE, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE.

You agree that Company may in its sole discretion and at any time, terminate your access to and use of the Site or any portion thereof, with or without notice and that your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.

The Site may contain links to Web sites controlled or offered by third parties (non-affiliates of Company). Company hereby disclaims liability for any other company's Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Company. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.

Registration Information

You may be invited to register at the Site to help us tailor the Services for your personal and business financial needs and to alert you to other products and services for you and/or your business. In registering for the Services, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you and/or your business may be created based on the registration information that you provide. This profile and any registration information you provide will be protected as described in our Privacy Policy.

Disclaimer

THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOU ACKNOWLEDGE THAT NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. COMPANY DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS NOR EMPLOYEES, ARE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM. YOUR USE OF THIS SITE AND THE CONTENT PROVIDED IS AT YOUR OWN RISK.

General

Company reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

Company reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These Terms of Use constitute a contract between you and Company governed by the laws of the State of Florida, with the exception of its conflicts of law's provisions.

Privacy Policy

Highlights of Our Commitment to You

• We do not sell customer information to third parties.
• We do not share customer information with outside parties who may wish to market their products to you.
• We safeguard your customer information carefully.
• We are committed to protecting your customer information in every transaction, at every level of our organization.
• We are committed to helping you protect your privacy every day.
• This document includes the Privacy Policy, which describes how we use and protect your customer information. We believe that protecting your privacy is an integral part of the service we provide to you.

How We Protect and Use Customer Information

1. We are committed to protecting the security and integrity of customer information through procedures and technology designed for this purpose. We limit employee access to customer information to those who have a business reason to know. Employees are required to honor our code of conduct, which includes standards for protecting customer confidentiality. We maintain policies and procedures covering the proper physical security of workplaces and records. Our physical, electronic, and procedural safeguards meet or exceed federal standards regarding the protection of customer information. We require contractors and outside companies who work with us to adhere to strict privacy standards through their contracts with us.

2. We collect and maintain customer information as part of servicing your account and your customer relationship. In the course of serving you, we collect information about you from a variety of sources, such as: Information you provide to us on applications or forms, such as your income and accounts with others; Information we receive from an outside company, such as a credit bureau, regarding your credit history or employment status; or Information about your transactions or experiences with companies affiliated with ours.

3. The customer information we collect is used to service your accounts and meet your financial needs. Information may be used among our affiliate companies, as well as with authorized third parties (described in section 4), for a number of purposes, such as:

• To protect your accounts from unauthorized access or identity theft.
• To process your requests such as loan applications and purchases
• To service your accounts by issuing checks and account statements.
• To keep you informed about financial services of interest to you.

4. We do not share customer information with outside parties who may wish to market their products to you. We may disclose the information we collect to non-affiliated third parties that are acting on our behalf, or as permitted or required by law, including: Companies that perform support services for us, such as data processors, technical systems consultants, or check printers. Companies that help us market products and services to you, conduct surveys or provide marketing research. Government entities, courts or other entities (in response to subpoenas and other legal processes), or those with whom you have requested us to share information. Important Notice about Credit Reporting: We may report information about your account(s) to credit bureaus and/or consumer reporting agencies. Late payments, missed payments, or other defaults on your account(s) may be reflected in your credit report and/or consumer report.

5. Your choices for information sharing and marketing. We may disclose all of the information we collect, as described above, within our affiliated companies, which include administrative and service units, consumer bankers, mortgage lenders, consumer lenders, securities broker-dealers, insurance agencies, and real estate brokerage companies. By law, information that is derived from your transactions and experiences with us may be shared among our affiliate companies (a) for purposes other than direct marketing, and (b) unless you instruct us otherwise, for direct marketing purposes. If you choose to limit information sharing, we will not share personal financial information about you among affiliates (other than information derived from your transactions and experiences with our affiliate companies) for any purpose, except as permitted by law. In addition, if you select that option, we will limit affiliates' use of transaction, experience and other personal financial information about you for direct marketing purposes. However, your choice regarding the use of certain information for marketing purposes does not apply to any affiliate company that has an existing business relationship with you or where the use is otherwise permitted by law. To opt out of information sharing and marketing, use one of the methods described below. Your election will apply until you tell us to change your choice. Telephone and mail preferences. In addition to information sharing preferences, you may request that we not contact you for marketing purposes by telephone. For consumer accounts, this election will be effective while you are an active customer or a minimum of five years. For business accounts, this election will be effective for five years from the date the election is received. You may also request that we not contact you for marketing purposes by mail. For all accounts, this election will be effective for three years. You may instruct us not to share certain personal financial information as described in section 5 by calling 1-866-599-9159. You may notify us of your preference at any time. Do Not Call Policy: This Privacy Policy constitutes our Do Not Call Policy under the Telephone Consumer Protection Act for all consumers. We maintain an internal Do Not Call preference list. Do Not Call requests will be honored within 30 days and will be effective for at least five years from the date of request. No telemarketing calls will be made to residential or cellular phone numbers that appear on our Do Not Call list. By registering on our website and entering your contact information you forfeit your right to protection under the Telephone Consumer Protection Act. As a customer, please note that if you choose not to receive solicitations by mail or any other channel, you may continue to receive marketing information about our products or services in regular account mailings and statements, when you visit us online, you may also receive survey calls.

6. State Laws, Trust Accounts. Some state laws may impose additional restrictions on disclosure of information on customers for certain purposes in those states. Nevada Residents – Nevada Statute Section 228.600(3) allows marketing calls to our existing customers listed on the National Do Not Call Registry. You may also contact the Nevada Attorney General's office: Bureau of Consumer Protection Office of the Nevada Attorney General 555 E. Washington Street, Suite 3900, Las Vegas, NV 89101 Phone: (702) 486-3132 Email: BCPINFO@ag.state.nv.us

Vermont Residents – In accordance with Vermont law, we will not share personal financial information about you, other than transaction and experience information, with other affiliated companies for any purpose, nor will we share any personal financial information about you with other affiliated companies for marketing purposes. Trust accounts, for which we or our affiliates are the trustee, are protected under special rules of confidentiality, and trust account information is not shared for marketing purposes without specific consent. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE) THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

This policy is governed by the laws of the State of Florida, with the exception of its conflicts of laws provisions.

Tips To Help You Protect Your Personal Information

Carry only necessary information with you. Leave your Social Security card and unused credits cards at home in a safe location. Make photocopies of vital information you carry regularly and store them in a secure place, such as a safe deposit box. Do not provide your Social Security Number unless absolutely necessary. Shred documents containing personal or financial information before discarding. Fraud and identity theft often occurs as a result of mail and garbage theft. Place outgoing mail in a U.S. Postal Service mailbox to reduce the chance of mail theft. Promptly retrieve incoming mail to reduce the opportunity for theft. Monitor your credit report for accuracy. By law, you are entitled to receive one free credit file disclosure every 12 months from each of the nationwide consumer credit reporting companies. To learn more or request a copy of your credit report, visit annualcreditreport.com or call 1-877-322-8228. Assistance to Victims of Identity Theft You should also report the crime to your local law enforcement agency and to the Federal Trade Commission (FTC). To speak with a trained FTC telephone counselor, call toll-free at 1-877-IDTHEFT (1-877-438-4338). To enter information about your complaint into a secure FTC online database, sign onto www.ftc.gov/idtheft. The site also provides links to numerous consumer education materials.

Unsolicited Credit Offers

If you want to reduce the number of credit offers you receive, contact the National Consumer Credit Reporting Agencies at 1-888-567-8688 (1-888-5-OPTOUT) or visit www.optoutprescreen.com for details. Financial institutions and other companies provide information to the Credit Bureaus for credit verification, fraud control purposes, and prevention of identity theft. You may direct these agencies not to sell or share this information about you for marketing purposes. This document applies to (1) consumers who have, or have had, a customer relationship or have made an inquiry or application, and (2) individuals who have provided personal information in connection with business accounts, loans, and leasing programs or individuals associated with dealers participating in sales finance programs; and where the consumer relationship, inquiry, application, or personal information is provided. The policies and practices described in this disclosure are subject to change, but we will communicate any significant changes to you as required by law. The policies and practices described in this disclosure replace all previous notices or statements regarding this subject.