Terms of Service

HIGH PERFORMANCE CAPITAL, INC.’S TERMS OF SERVICE

Last Updated: 05/17/2016

These terms of service (“Terms”) apply to your access and use of HPC Mobile Payment App (the

“Service”). Please read them carefully.

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms

below. So, before you use the Service, please read all of the terms. If you don’t agree to

all of the terms below, please do not use the Service. Also, if a term does not make

sense to you, please let us know by e-mailing info@hpcapital.net.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to

change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are

effective immediately after we post such revised Terms (indicated by revising the date

at the top of these Terms) or upon your acceptance if we provide a mechanism for your

immediate acceptance of the revised Terms (such as a click-through confirmation or

acceptance button). It is your responsibility to check HPC Mobile Payment App for changes to these

Terms.

If you continue to use the Service after the revised Terms go into effect, then you have

accepted the changes to these Terms.

Privacy Policy

For information about how we collect and use information about users of the Service,

please check out our privacy policy available at www.highperformancecapital.com.

Third-Party Services

From time to time, we may provide you with links to third party websites or services that

we do not own or control. Your use of the Service may also include the use of

applications that are developed or owned by a third party. Your use of such third party

applications, websites, and services is governed by that party’s own terms of service or

privacy policies. We encourage you to read the terms and conditions and privacy policy

of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree

to maintain the security of your password and accept all risks of unauthorized access to

any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as

possible.

Your Content & Conduct

Our Service allows you and other users to input or otherwise make available to High

Performance Capital information regarding your personal bank account. You are

responsible for the information that you make available to the Service, including its

legality and reliability.

When you input or otherwise make available content to the Service, you grant us the

right and license to use, reproduce, and distribute your content on or through the

Service. We will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content

you input or otherwise make available on or through the Service.

You may not input or otherwise make available on or through the Service any of the

following:

* Content that fraudulent or deceptive;

* Content that is illegal, unlawful, or would otherwise create liability;

* Private information of any third party (e.g., addresses, phone numbers, email

addresses, Social Security numbers and credit card numbers); and

* Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service

or other users:

* Use the Service in any manner that could interfere with, disrupt, negatively affect

or inhibit other users from fully enjoying the Service or that could damage,

disable, overburden or impair the functioning of the Service;

* Impersonate or post on behalf of any person or entity or otherwise misrepresent

your affiliation with a person or entity;

* Create an account or post any content if you are not over 18 years of age years

of age; and

* Circumvent or attempt to circumvent any filtering, security measures, rate limits

or other features designed to protect the Service, users of the Service, or third

parties.

High Performance Capital, Inc. Materials

We put a lot of effort into creating the Service including, the logo and all designs, text,

graphics, pictures, information and other content (excluding your content). This property

is owned by us or our licensors and it is protected by U.S. and international copyright

laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly

performing or publicly displaying the Service; (ii) modifying or otherwise making any

derivative uses of the Service or any portion thereof; (iii) using any data mining, robots

or similar data gathering or extraction methods; (iv) downloading (other than page

caching) of any portion of the Service or any information contained therein; (v) reverse

engineering or accessing the Service in order to build a competitive product or service;

or (vi) using the Service other than for its intended purposes. If you do any of this stuff,

we may terminate your use of the Service.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize

framing techniques to enclose any of our trademarks, logos or other proprietary

information without our express written consent.

High Performance Capital, Inc. makes no claim or representation regarding, and

accepts no responsibility for third party websites accessible by hyperlink from the

Service or websites linking to the Service. When you leave the Service, you should be

aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don’t review, verify or

authenticate it, and it may include inaccuracies or false information. We make no

representations, warranties, or guarantees relating to the quality, suitability, truth,

accuracy or completeness of any content contained in the Service. You acknowledge

sole responsibility for and assume all risk arising from your use of or reliance on any

content.

Legal Effects

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR

OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE

PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY

REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND

ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR

WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR

OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER

ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR

USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL HIGH PERFORMANCE CAPITAL, INC. BE LIABLE TO YOU OR

ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN

CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT

INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE

SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,

TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF

SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND

UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU

PAID TO HIGH PERFORMANCE CAPITAL, INC. THIS SECTION WILL BE GIVEN

FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS

DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

When you use the Service, you agree that High Performance Capital, Inc., may collect

and process information about your location, including but not limited to your IP Address

and GPS tracking, in the event that High Performance Capital, Inc., must take steps to

protect its security interest in your automobile in the event you default on the retail

installment contract you signed to purchase your automobile.

You agree to defend, indemnify and hold us harmless from and against any and all

costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties,

interest and disbursements) we incur in relation to, arising from, or for the purpose of

avoiding, any claim or demand from a third party relating to your use of the Service or

the use of the Service by any person using your account, including any claim that your

use of the Service violates any applicable law or regulation, or the rights of any third

party, and/or your violation of these Terms.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under

these Terms will be construed and determined under and in accordance with the laws of

the State of California, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or

relating to your use of it, resides in the courts of the State of California, County of

Orange and you further agree and expressly consent to the exercise of personal

jurisdiction in the Superior Court of California, County of Orange located in Santa Ana,

California in connection with any such dispute including any claim involving Service.

You further agree that you and Service will not commence against the other a class

action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access

to or use of the Service.

Entire Agreement

These Terms constitute the entire agreement between you and High Performance

Capital, Inc. regarding the use of the Service, superseding any prior agreements

between you and High Performance Capital, Inc. relating to your use of the Service.

Feedback

Please let us know what you think of the Service and these Terms. When you provide

us with any feedback, comments or suggestions about the Service and these Terms,

you irrevocably assign to us all of your right, title and interest in and to your feedback,

comments and suggestions.

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email

address info@hpcapital.net.

TOP