Terms & Conditions

Observer Desk Terms & ConditionsUpdated and effective February 20, 2020Thank you for visiting this website (the “Site”), a property of Observer Desk (“Company”). By using and/or accessing the Site, you agree to comply with and be bound by the following Terms and Conditions (“Terms and Conditions”), the Privacy Policy (“Privacy Policy”) and any and all other applicable Company operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.I. Requirements. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site. The Site, and the ability to apply for Services, are available only to individuals at least eighteen (18) years of age who can enter into legally binding contracts under applicable law, and whom are residents of the United States.II. Agreement Acceptance. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of this Site, and supersedes all prior agreements, representations, warranties and/or understandings with respect to the Site. As such, you agree to the terms and conditions set forth in this agreement with respect to your use of the Site. We may amend the agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with and be bound by all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the dispute resolution provisions, which shall be governed by the dispute resolution provisions in effect at the time of the subject dispute).III. Description of the Site. The Site provides users with an opportunity to apply for products and/or services (“Services”), as offered by Company’s affiliated third party service providers (the “Third Party Service Providers”). Please be advised that Company does not itself provide services, and the ultimate terms and conditions of any product or service provided by its Third Party Service Providers will be determined by those Third Party Service Providers. To qualify to receive Services, you must first fully complete the application form located at the Site, as well as the application form set forth on the applicable Third Party Service Provider’s Site. The information that you supply on the Site includes, but is not limited to: (a) your first name; (b) your last name; (c) your email address; (d) your telephone number; and (e) any other information requested in a web form contained on the Site (collectively, the “Site Registration Data”). Company’s use of the Site Registration Data shall be governed by the Privacy Policy. To access the Privacy Policy please click here. Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, you may be redirected to the Site of a Third Party Service Provider. Company may also transfer your Site Registration Data to its Third Party Service Providers in connection with facilitating the processing of your Services application. The information that you must supply on the Third Party Service Provider’s Application shall be determined by the applicable Third Party Service Provider (collectively, the “TP Registration Data” and, together with the Site Registration Data, the “Registration Data”). Any information that you supply to any Third Party Service Provider shall be governed by that Third Party Service Provider’s privacy policy. Application approval, and the ultimate terms and conditions of any product or service provided by any Third Party Service Provider(s), will be determined by those Third Party Service Providers. Unless explicitly stated otherwise, any future offers made available to you on the Site that augments or otherwise enhances the current features of the Site shall be subject to the Agreement. You understand and agree that Company is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Services or other Third Party Service Provider sponsored products and/or services, or for any dispute between you and any Third Party Service Providers. You understand and agree that Company shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any Third Party Service Providers. If Company terminates the Agreement for any reason, Company shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Company, and the Agreement only governs your use of the Site.IV. Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all personal information, in accordance with the terms of our Privacy Policy. Use of the Site, and all comments, feedback, information, Site Registration Data or materials that you submit through or in association with the Site, are subject to our Privacy Policy.V. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. Retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Company does not constitute a waiver of any right in such information and/or materials. The Site name and logo, and all associated graphics, icons and service names, are trademarks of Company. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.VI. License Grant. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site is not transferable.VII. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law. Company will pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.VIII. Modification. Company reserves the right to edit, modify, or delete any documents, information or other content appearing on the Site in our sole discretion.IX. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, owners, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Services; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Providers; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section IX are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, owners, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.X. Disclaimer of Warranties. The Site, Services and/or any other products and/or services that you may apply for through the Site are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, Company makes no warranty that: (a) the Site, Services and/or any other products and/or services that you may apply for through the Site will meet your requirements; (b) the Site, Services and/or any other products and/or services that you may apply for through the Site will be uninterrupted, timely, secure or error-free; (c) you will qualify for services from our third party providers; or (d) the results that may be obtained from the use of the Site, Services and/or any other products and/or services that you may apply for through the Site will be accurate or reliable. The Site, Services and/or any other products and/or services that you may apply for through the Site may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the Site. No advice or information, whether oral or written, obtained by you from Company, its Third Party Service Providers or otherwise through or from the Site, shall create any warranty not expressly stated in the Agreement.XI. Third Party Websites. The Site may provide link out or refer you to third party websites. Company has no control over such third party websites, and therefore you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources, including but not limited to those of its Third Party Service Providers. The company