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flf!I HEIGHTS IIIIIIFINANCE TERMS OF USE PLEASE READ THIS DISCLAIMER BEFORE USING THIS WEBSITE. By accessing, viewing, or using this Heights Finance Corporation (Heights) website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you will have no right to use this website and must exit this website immediately . If these terms and conditions are considered an offer by Heights, Heights's acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms . COPYRIGHT All content included on this website, including all the text, graphics, photographs, graphs, sounds, data, images, audio, and video clips, are the property of Heights or the content suppliers and protected by U.S. and international copyright laws . All software used to operate HeightsFinance .com is the property of Heights and its partner suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of content available on this website is the exclusive property of Heights, and protected by U.S. and international copyright laws . Copyright 1999-2013 . All RIGHTS RESERVED . All the content available on this website may be used only by you . You may make copies of selected portions of the content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such content. Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display, or performance of the content for any other purposes is strictly prohibited. TRADEMARKS Heights's domain names, including HeightsFinance.com, Secure.HeightsFinance .com, MyAccountHeightsFinance.com and RetailExpress .HeightsFinance.com, their associated websites, and other graphics, logos, and service names used on those websites are trademarks of Heights . Heights trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Heights . All other brands and names (including third-party product names) are the property of their respective owners. INFORMATION AND COOKIES Heights may collect and receive the URL you came from, the pages of the Heights website that were viewed during a visit, the advertisements you clicked, any search terms that you entered to reach our site, and certain other information regarding your Internet use . See Heights's Privacy Statement for how this information may be used . Some of Heights's websites may also make use of "cookie" technology to measure site activity, determine how you arrived at our site and maintain your identity as you navigate through the website. Heights's websites require cookies to allow you to access your account, apply for a loan, and other activities . A cookie is an element of data that a website can send to your browser, which may then store the cookie on your hard drive . Cookies make visiting a website easier for you by saving your preferences while you are at the site . The use of cookies is an industry standard and you will find them at many websites . Heights uses the information from cookies to provide services that are customized to your needs . Heights may also use third party advertising companies to serve Heights's ads on the Internet. These third party advertising companies also employ cookie technology to measure the effectiveness of ads . To do so, these companies may use information about your visits to Heights's website and other websites. Unless otherwise notified, these advertising companies do not use names, addresses, email addresses, or telephone numbers, and do not link any online actions or cookies to an identifiable person. The use of their cookies is 8.16.2017 Page 1

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Page 1: flf!I HEIGHTS IIIIIIFINANCE

flf!I HEIGHTS IIIIIIFINANCE

TERMS OF USE PLEASE READ THIS DISCLAIMER BEFORE USING THIS WEBSITE.

By accessing, viewing, or using this Heights Finance Corporation (Heights) website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you will have no right to use this website and must exit this website immediately . If these terms and conditions are considered an offer by Heights, Heights's acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms .

COPYRIGHT

All content included on this website, including all the text, graphics, photographs, graphs, sounds, data, images, audio, and video clips, are the property of Heights or the content suppliers and protected by U.S. and international copyright laws. All software used to operate HeightsFinance .com is the property of Heights and its partner suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of content available on this website is the exclusive property of Heights, and protected by U.S. and international copyright laws. Copyright 1999-2013 . All RIGHTS RESERVED . All the content available on this website may be used only by you. You may make copies of selected portions of the content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such content. Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display, or performance of the content for any other purposes is strictly prohibited.

TRADEMARKS

Heights's domain names, including HeightsFinance.com, Secure.HeightsFinance .com, MyAccountHeightsFinance.com and RetailExpress .HeightsFinance.com, their associated websites, and other graphics, logos, and service names used on those websites are trademarks of Heights . Heights trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Heights . All other brands and names (including third-party product names) are the property of their respective owners.

INFORMATION AND COOKIES

Heights may collect and receive the URL you came from, the pages of the Heights website that were viewed during a visit, the advertisements you clicked, any search terms that you entered to reach our site, and certain other information regarding your Internet use. See Heights's Privacy Statement for how this information may be used . Some of Heights's websites may also make use of "cookie" technology to measure site activity, determine how you arrived at our site and maintain your identity as you navigate through the website. Heights's websites require cookies to allow you to access your account, apply for a loan, and other activities . A cookie is an element of data that a website can send to your browser, which may then store the cookie on your hard drive . Cookies make visiting a website easier for you by saving your preferences while you are at the site . The use of cookies is an industry standard and you will find them at many websites . Heights uses the information from cookies to provide services that are customized to your needs .

Heights may also use third party advertising companies to serve Heights's ads on the Internet. These third party advertising companies also employ cookie technology to measure the effectiveness of ads . To do so, these companies may use information about your visits to Heights's website and other websites. Unless otherwise notified, these advertising companies do not use names, addresses, email addresses, or telephone numbers, and do not link any online actions or cookies to an identifiable person. The use of their cookies is

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subject to their own privacy policy. If you want to prevent a third party advertiser from sending and reading cookies on your computer, currently you must visit each ad network's website individually and opt-out.

THIRD PARTY LINK DISCLOSURE

We provide links on our website to other Internet sites and resources for your convenience. By accessing these links, you are leaving our website and going to the website of a third party not related to Heights. We do not control these third party sites and resources and are not responsible for their availability, content, or delivery of service . The fact that we provide a link to a website does not mean that Heights endorses, authorizes or sponsors that site, or that we are affiliated with the site's owners or sponsors. We encourage you to read the privacy policies of every website that you visit, as the privacy policies of those sites may differ from ours, even though our name or logo may appear on that site. Heights does not represent either the third party or the member if the two enter into a transaction .

DISCLAIMER

INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATIONS, TEXT, GRAPHICS, AND LINKS ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEIGHTS FINANCE CORPORATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE . IN ADDITION, HEIGHTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. CONTENT IS SUBJECT TO CHANGE . BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATIONS MAY NOT APPLY.

LIMITATION ON LIABILITY

IN NO EVENT SHALL HEIGHTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HEIGHTS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.

TERMINATION OF USAGE

Heights may terminate any user's access, or suspend any user's access, to all or part of HeightsFinance .com without notice, for any conduct that Heights, in its sole discretion, believes is in violation of any applicable law or is harmful to the interest of another user, third-party provider, merchant, sponsor, licensee, service provider, or our website(s).

SUBMISSIONS

Heights appreciates hearing from its customers . By submitting your creative ideas, inventions, suggestions, or materials (your "submission"), you grant Heights a royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display your submission (in whole or in part) worldwide and to incorporate your submission in other works in any form, media, or technology now known or later developed without any notice

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or compensation to you. We shall not be subject to any obligations of confidentiality regarding submissions (excluding any nonpublic personal information) except as agreed in a writing executed by Heights.

ERRORS AND OMISSIONS

In the event information provided is incorrect due to a typographical error or error in the information we received from vendors or individuals, Heights shall have the right to refuse or cancel your request for information or services.

MISCELLANEOUS

Heights reserves the right to change its policies and services, or to modify this Agreement, by posting a notice on the site or by providing you with email notification. You shall be responsible for reviewing and becoming familiar with any changes. Heights shall not be liable for any failure to perform its obligation hereunder where such failure results from any cause beyond Heights's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable, or sub licensable by you without prior written consent by Heights. Heights may assign this Agreement in whole or part.

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to conflicts of laws and provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the South Carolina State and U.S. federal courts sitting in Greenville, South Carolina. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney's fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communication, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties.

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