Last updated: November 2016
THESE TERMS GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING
THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE.
Acceptance of Terms
Financial Freedom, a division of CIT Bank, N.A. and its affiliates (collectively,
"CIT Bank," "we," "us," or "our") welcome
you to our website. This website (the "Site") has been established by
CIT Group Inc., in connection with its bank, known as CIT Bank, for the sole purpose
of conveying information about CIT Bank's products and services and to allow
communications between CIT Bank and its customers. These Terms of Use ("Terms")
govern your use of this website and any other CIT Bank website, including, but not
limited to, CIT Bank mobile applications, CIT Bank client interface sites, any content,
functionality, and services offered on or through this website, or any other CIT
Bank website that links to the Terms (collectively, the "Site"), except
as otherwise provided herein. Please review these Terms carefully. By using the
Site, or by clicking to accept or agree to the Terms when this option is made available
to you, you agree to be bound and abide by the Terms. If you do not agree to be
legally bound by the Terms, you are not authorized to use the Site and should exit
immediately.
In order to use the Site, you must be:
- at least 18 years old, and
- a legal resident of the United States.
If you do not satisfy the above restrictions, please do not use the Site or access
Content from the Site.
Unauthorized use of the Site, including, but not limited to, unauthorized entry
into CIT Bank's systems, or misuse of any information posted on the Site is
strictly prohibited. CIT Bank makes no representation that the products and services
described on the Site are available in all countries. Your eligibility for particular
products and services is subject to final determination by CIT Bank.
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Changes to the terms
CIT Bank reserves the right to change these Terms from time to time. We will notify
you of any changes by posting the revised Terms on the Site. You should also periodically
check the effective date at the top of this Web page to be sure that you are viewing
the most recent version of the Terms and the important information that it includes.
All changes to the Terms shall be effective upon posting. Your continued use of
the Site after any changes to these Terms constitutes your agreement to be bound
by any such changes. CIT Bank may terminate, suspend, change, or restrict access
to all or any part of the Site without notice or liability.
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Intellectual property
The Site contains material, such as software, text, graphics, images, sound recordings,
audiovisual works, desktop, mobile, or other applications for download, and other
material provided by or on behalf of CIT Bank (collectively, "Content").
The Content may be owned by us or by third parties. The Content is protected under
both United States and foreign laws. Unauthorized use of the Content may violate
copyright, trademark, and other laws. You have no rights in or to the Content, and
you agree that you will not use the Content except as permitted under these Terms.
No other use is permitted without prior written consent from us. You must not remove
or alter copyright or other proprietary notices contained in the original Content,
and if CIT Bank allows you to sell, transfer, assign, license, sublicense, or modify
the Content or reproduce, display, publicly perform, make a derivative version of,
or distribute the Content, you must include those proprietary notices without alteration.
You may not sell, transfer, assign, license, sublicense, or modify the Content or
reproduce, display, publicly perform, make a derivative version of, distribute,
or otherwise use the Content in any way for any public or commercial purpose without
the express written permission of CIT Bank. The use or posting of the Content on
any other website, public or private electronic retrieval system, or in a networked
computer environment for any purpose is expressly prohibited.
CIT Bank makes no claims concerning whether the Content may be downloaded or is
appropriate for use outside of the United States. If you access the Site from outside
of the United States, you are solely responsible for ensuring compliance with the
laws of your specific jurisdiction.
If you violate any part of these restrictions, your permission to access and/or
use the Content and Site automatically terminates and you must immediately destroy
any copies you have made of the Content.
The trademarks, service marks, and logos of CIT Bank (the "CIT Bank Trademarks")
used and displayed on the Site are registered and unregistered trademarks or service
marks of CIT Bank or its affiliate. Other company product and service names located
on the Site may be trademarks or service marks owned by others (the "Third-Party
Trademarks" and, collectively with CIT Bank Trademarks, the "Trademarks").
Nothing on the Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use the Trademarks, without our prior written
permission specific for each such use. Use of the Trademarks as part of a link to
or from any site is prohibited unless establishment of such a link is approved in
advance by us in writing. All goodwill generated from the use of CIT Bank Trademarks
inures to CIT Bank's benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition,
and other state and federal laws and may not be copied or imitated in whole or in
part, by any means, including but not limited to the use of framing or mirrors.
None of the Content for the Site may be retransmitted without our express, written
consent for each and every instance.
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Use of Personal Information
CIT Bank's practices and policies with respect to the collection, use and sharing
of nonpublic personal information collected from or about you when you visit the
Site is governed by the CIT Online Privacy Policy ("CIT's Privacy Policy"),
which is hereby incorporated in its entirety and available at this website here.
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Service access
While we endeavor to ensure that the Site is normally available, we shall not be
liable if for any reason the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice in the case of
system failure, legal requirements, maintenance, or repair, or for reasons beyond
our control.
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Links
The Site may contain links to third-party websites ("External Sites").
These links are provided solely as a convenience to you and not as an endorsement
by us of the content and/or services on such External Sites, which are provided
by third parties. You should contact the site administrator or webmaster for those
External Sites if you have any concerns regarding such links or any content and/or
services located on such External Sites. We are not responsible for the content
and/or services provided via any linked External Sites and do not make any representations
regarding the content or accuracy of materials on such External Sites. You should
take precautions when downloading files from all websites to protect your computer
from viruses and other destructive programs. External Sites may have a privacy policy
different from CIT's Privacy Policy, and the External Site may provide less
security than the Site. If you decide to access linked External Sites, you do so
at your own risk.
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Your conduct
In using this Site, you agree:
- to use the Site and the Content only for lawful purposes,
- not to disrupt or interfere with the security of, or otherwise abuse, the Site,
or any services, system resources, accounts, servers, or networks connected to or
accessible through the Site or affiliated or linked websites;
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated
or linked Sites;
- not to upload, post or otherwise transmit through or on the Site any virus, worm,
Trojan horse, malware, program, code, or other harmful, disruptive, or destructive
files;
- not to use a robot, spider, script, or any other means to extract, download, index,
mine, scrape, or circumvent the operation or intended use of the Site;
- not to use the Site to submit or share any offensive, indecent, hateful, racist,
sexist, pornographic, or otherwise inappropriate material;
- not to violate the privacy or publicity rights or infringe upon the intellectual
property or other proprietary rights of third parties;
- not to use the Site to make unsolicited offers, requests or advertisements, or to
send spam;
- not to use or attempt to use or access another person's product, account or
personal information, or create or use a false identity on the Site; and
- not to attempt to obtain unauthorized access to the Site or portions of the Site
that are restricted from general access.
You are prohibited from any use of the Site or Content that would give rise to liability
to CIT Bank or otherwise violate any applicable local, state, national, or international
law or regulation.
You are fully responsible for all the activities that take place under your account,
including the use of the Site by third parties, whether authorized or unauthorized.
Further, you agree that you will not share your sign-in credentials with any other
person for any reason whatsoever.
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Site monitoring
CIT Bank has no obligation to monitor the Site; however, you acknowledge and agree
that CIT Bank has the right to view, monitor, and/or record the Site and Site activity
electronically or otherwise, without notice to or permission from you. Any information
obtained by monitoring, reviewing, or recording is subject to review by law enforcement
organizations in connection with investigation or prosecution of possible illegal
activity on the Site. CIT Bank may also comply with all court orders as well as
all law enforcement and regulatory inquiries involving requests for such information.
CIT Bank may, in its sole and absolute discretion, (i) delete and/or take down any
material from the Site; (ii) disclose any information as necessary or appropriate
to satisfy any law, regulation, or other governmental request; (iii) operate the
Site; and (iv) take any steps that it deems necessary or appropriate to protect
itself and/or users of the Site.
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Submissions to the site
Although we encourage you to communicate with us via the Site, we do not want you
to, and you should not, communicate to us any content, remarks, feedback, questions,
comments, suggestions, discussions, ideas, graphics, or other submissions (collectively,
"Submissions") that contain confidential or proprietary information. With
respect to Submissions, you agree that: (a) it shall not be considered confidential
or proprietary and you shall have no right of confidentiality, and CIT Bank shall
have no obligation to protect your Submissions from disclosure; (b) you own or control
all rights or have obtained all necessary permissions in and to the Submission;
(c) the Submission does and will comply with the Terms, specifically the terms set
forth in the "Your Conduct" section of these Terms; (d) you grant CIT
Bank an unrestricted right to reproduce, copy, incorporate, or otherwise use, disclose,
and distribute your Submissions (and any ideas, concepts, know-how, or techniques
contained in your Submissions) to others and for CIT Bank's commercial or non-commercial
purposes, including but not limited to, the development, production, and marketing
of our products and services, without notice or compensation to you; and (e) CIT
Bank shall be free to use, but is under no obligation to use, your Submissions.
Nothing herein contained shall be construed as limiting CIT's responsibilities
and obligations under CIT's Privacy Policy.
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Warranty disclaimer
THE SITE AND CIT BANK CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CIT BANK, ITS AFFILIATES,
PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
AND INDEPENDENT CONTRACTORS (COLLECTIVELY "THE CIT BANK PARTIES"), DO
NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE OR THE CIT BANK
CONTENT, AND EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS,
AND FITNESS FOR PARTICULAR PURPOSE. CIT BANK IS NOT SUBJECT TO LIABILITY FOR ANY
DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE
THE SITE AND THE CIT BANK CONTENT AT YOUR OWN RISK.
CIT BANK DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE,
ITS SERVER, OR THE CIT CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CIT BANK CONTENT RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE
FOR THOSE COSTS.
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Limitation of liability
IN THE ABSENCE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY US, IN NO EVENT
SHALL THE CIT BANK PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO
USE THE SITE OR THE CIT BANK CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE CIT PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIT BANK IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY,
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification
You agree to defend, indemnify, and hold harmless the CIT Bank Parties from and
against any and all claims, losses, expenses, or demands or liabilities, including
attorneys' fees and costs, incurred by the CIT Bank Parties in connection with
any claim by a third party (including any intellectual property claim) arising out
of (i) materials and content you submit, post to or transmit through the Site, or
(ii) your use or misuse of the Site or content in violation of the Terms or in violation
of any applicable law. You further agree that you will cooperate as reasonably required
in the defense of any such claims. The CIT Bank Parties reserve the right to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you, and you shall not in any event settle any such claim or matter without the
written consent of CIT Bank. You hereby agree to cooperate with any reasonable requests
from CIT Bank to assist in its defense of such claim or matter. You further agree
to indemnify and hold harmless the CIT Bank Parties from any claim arising from
a third party's use of information or materials of any kind that you post in
a public area of the Site.
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Termination
These Terms are effective until terminated by CIT Bank at any time without notice.
CIT Bank may suspend, restrict, and/or terminate your access and use of the Site
at any time, with or without cause, in CIT Bank's absolute discretion and without
notice. The following paragraphs of these Terms shall survive termination of your
use or access to the Site: paragraphs concerning Indemnification, Disclaimer of
Warranties, Limitations of Liability, applicable law and dispute resolution, and
any other provision that by its terms survives termination of your use or access
to the Site.
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Digital Millennium Copyright Act
CIT Bank respects the intellectual property rights of others and attempts to comply
with all relevant laws. We will review all claims of copyright infringement received
and remove Content deemed to have been posted or distributed in violation of any
such laws. Our designated agent under the Digital Millennium Copyright Act (the
"Act") for the receipt of any Notification of Claimed Infringement that
may be given under that Act is as follows:
Attention: Assistant General Counsel
Address: 1 CIT Drive, Livingston, NJ 07039
Telephone: 973-740-5000
Fax: 973-740-5264
If you believe that your work has been copied on the Site in a way that constitutes
copyright infringement, please provide our agent with notice in accordance with
the requirements of the Act, including (i) a description of the copyrighted work
that has been infringed and the specific location on the Site where such work is
located; (ii) a description of the location of the original or an authorized copy
of the copyrighted work; (iii) your address, telephone number, and email address;
(iv) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent or the law; (v) a statement
by you, made under penalty of perjury, that the information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner's
behalf; and (vi) an electronic or physical signature of the owner of the copyright
or the person authorized to act on behalf of the owner of the copyright interest.
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Governing Law and Venue
These Terms and all other aspects of your use of the Site shall be governed by and
construed in accordance with all applicable Federal laws of the United States of
America and the laws of the State of New York to the extent not preempted by federal
law and without regard to its conflict of law rules. All claims and disputes arising
out of these Terms, and applicable federal law or your use of the Site, other than
actions for specific performance or injunctive relief brought by CIT Bank, shall
be exclusively brought in the federal, state, or local courts located in New York
County, New York, and, with regard to such claims and disputes, you hereby irrevocably
(i) submit to the exercise of personal jurisdiction over you by those courts, and
(ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.
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General
Failure by CIT Bank to enforce any provision(s) of these Terms shall not be construed
as a waiver thereof. Any cause of action you may have with respect to the Site,
the Content, and/or these Terms must be commenced within one (1) year after the
claim or cause of action arose, or be barred. If any provision of these Terms is
found to be invalid or unenforceable, the remaining provisions shall be enforced
to the fullest extent possible, and the remaining provisions of the Terms shall
remain in full force and effect. These Terms will be binding on, inure to the benefit
of, and be enforceable against the parties and their respective successors and assigns.
Neither the course of conduct between parties nor trade practice shall act to modify
any provision of these Terms. All rights not expressly granted herein are hereby
reserved.
You agree that you will not sue us as an individual. You agree that you will not
file or participate in a class action against CIT Bank.
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Contact us
If you have questions regarding the Terms or the practices of CIT Bank's Financial
Freedom division, please contact us here.