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 firstname.lastname@example.org.
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
If you continue to use the Service after the revised Terms go into effect, then you have
accepted the changes to these Terms.
For information about how we collect and use information about users of the Service,
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
of any third party application, website or service that you visit or use.
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
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
* 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
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
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.
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.
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.
If you breach any of these Terms, we have the right to suspend or disable your access
to or use of the Service.
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.
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