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Terms of Service

Thanks for using our products and services offered through the Oliv Financial platform. 

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Please carefully review the following rules that govern your use of our Site and also read our Privacy Policy regarding the information that you provide to us. These Terms and Conditions of Use (“Terms of Use”) apply to the World Wide Web site owned, operated, licensed, and controlled by North Pond LLC, including its related, affiliated, or subsidiary companies, including, but not limited to, d/b/a Oliv Financial (collectively “Oliv Financial”) located at www.olivfinancial.com, and all associated Oliv Financial sites linked to this Web site (collectively, the “Site”). This Site is the property of Oliv Financial. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site. 

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Oliv Financial reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes for purposes of your continued use. As long as you comply with these Terms of Use, Oliv Financial grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

 

Privacy 

 

Please review our Privacy Policy (which also governs your visit to our Site) to understand our practices involving the collection and use of personally identifiable information. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site could be read or intercepted by others, notwithstanding Oliv Financial’s efforts to protect such transmissions as described in our Privacy Policy.

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Intellectual Property 

 

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Oliv Financial or third parties and all right, title and interest therein shall remain the property of Oliv Financial and/or such third parties (collectively, the “Content”). Content is protected by applicable trade secret, dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

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You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Oliv Financial. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or

any portion of the Site for any public or commercial use without the express written consent of Oliv Financial. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Oliv Financial. 

 

Electronic Communication 

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When you visit www.olivfinancial.com or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. 

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You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. 

 

Site Security 

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As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Oliv Financial network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability. 

 

Links to Other Web Sites and Services 

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This Site may contain links to outside services and resources, the availability and content of which Oliv Financial does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these businesses or individuals or the content of their web sites. Oliv Financial does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. 

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Disclaimers 

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OLIV FINANCIAL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OLIV FINANCIAL CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OLIV FINANCIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLIV FINANCIAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OLIV FINANCIAL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. 

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Some jurisdictions may not enforce any or all of these disclaimers, so the foregoing may not apply to you. 

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Oliv Financial or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data. 

 

Limitation of Liability 

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EXCEPT WHERE PROHIBITED BY LAW, NEITHER OLIV FINANCIAL, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF OLIV FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, OLIV FINANCIAL’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.

 

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. 

 

Indemnity 

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By using the Site, you agree to defend, indemnify, and hold harmless Oliv Financial from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Oliv Financial may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. Oliv Financial reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

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Minors 

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This Site is intended solely for users who are eighteen (18) years of age or older. By using the Site, you represent and warrant that you are at least 18 years of age or that you are otherwise deemed to have reached the age of majority based on the laws of your state of residence, but in no circumstances are you under the age of thirteen (13). 

 

Severability 

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Any failure by Oliv Financial to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms with regard to the use of the Site. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and Oliv Financial with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Oliv Financial with respect to such use are hereby superseded and canceled. 

 

Law and Venue 

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This Site is located in the State of Illinois with regard to the use of the Site. These Terms of Use and the relationship between you and Oliv Financial shall be governed by the laws of the State of Illinois without regard to its conflicts of law provisions with regard to the use of the Site. You agree to the personal jurisdiction by and venue in the state and federal courts in DuPage County, Illinois, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content with respect to the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Customer Identification Program

 

In order to help fight money laundering activities and the funding of terrorism, federal law requires financial institutions like Oliv to obtain, verify and record information that identifies each person who opens a loan with Oliv. The information will also be used to determine if you are on any lists of known or suspected terrorists, money launders or other criminal organizations. 

We will retain the records until federal records retention requirements are satisfied. When you open a loan, Oliv is required to collect and retain a borrower’s:

  • Name;

  • Address

  • Date of Birth

  • Taxpayer Identification/Social Security Number; and

  • Any other information that will allow us to identify the borrower including driver’s license, passport or other identifying documents. 

 

Bank Secrecy Act

 

Oliv is required by federal law to keep records and report suspicious activities to assist in detecting and preventing money laundering, terrorism financing and other financial crimes. A Suspicious Activity Report (“SAR”) will be filed with the Financial Crimes Enforcement Network if Oliv detects a suspicious transaction or activity that may be related to money laundering, terrorist financing, or other financial crimes. In the event a SAR is ever filed, Oliv is prohibited by federal regulations from disclosing the SAR. Oliv must maintain records of cash transactions, including those involving negotiable instruments, and customer accounts as well as any supporting documentation related to a SAR filing. Records pertaining to Bank Secrecy Act requirements are required to be retained for at least five years.

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