Terms and conditions.
Information about legal funding in general and legal funding options available from Gain are presented on this site. While application for legal funding is open to anyone who meets the criteria outlined on this site, approval for legal funding is not automatic. Individuals and companies seeking legal funding must qualify, as determined by our team of professionals.
Terms & Conditions
The following terms and conditions govern the use of this website, an electronic service that permits you to apply for legal funding and obtain information about legal funding offered by Gain Servicing. Please read the following terms and conditions carefully. By accessing this site, you indicate your acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not use this website or download any materials from it. Legal funding is the main topic of this site. Gain makes no representation that legal funding information or other material on this site is appropriate or available for in any State, jurisdiction, or territory where Gain does not conduct business, and access to this site from any State, jurisdiction, or territory where its content is illegal is prohibited. If you choose to access this site from any State, jurisdiction, or territory where Gain Servicing does not conduct business, you do so on your own initiative and are responsible for compliance with applicable local laws, including those for legal funding, if any.
State And Workers Compensations Exclusions
Legal funding amounts will vary and are determined by specific underwriting criteria on a case-by-case basis. The attorney handling your case must cooperate with the legal funding transaction. Cherokee is currently not providing legal funding in Arkansas, Colorado, Kansas, Maryland, North Carolina or Vermont. Cherokee does not fund Workers Compensation cases.
Counsel and Attorney-Client Relationship.
Any information, documents, or other material (hereafter, “information”) on our website about legal funding or other topics are for informational purposes only. We are not providing legal advice to you, and your review or consideration of any information about legal funding on our website is not intended to (and does not) create an attorney-client relationship between you, us, or any other parties. Likewise, any information submitted by you to Gain Servicing through this site (or any other means) does not create an attorney-client relationship between you, us, or any other parties. You should consult with your attorney if you need advice regarding any information contained on our website or our legal funding services.
Copyright and Other Intellectual Property
Gain, or its corporate parents, affiliates, or subsidiaries maintains this web site and certain other web sites that are linked to this site, and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within these websites. The materials contained within these websites, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Gain also owns a copyright in the selection, coordination and arrangement of the material contained within these websites.
The material contained within these web sites is provided by Gain only for lawful uses by customers, employees, and members of the general public. The material may not be copied, republished, incorporated into another web site or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Gain.
Limited Liability
NEITHER GAIN SERVICING, ITS PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE INFORMATION AT THIS SITE, NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF ANY OF THE FOREGOING, ARE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE USE OF THIS SITE OR A LINKED SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR A LINKED SITE, WHETHER OR NOT GAIN SERVICING IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, TROJAN HORSES OR HARMFUL CODE THAT MAY AFFECT A USER’S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THIS SITE’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. GAIN SERVICING DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR A LINKED SITE. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THE LINKED SITES ARE NOT INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY GAIN SERVICING. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GAIN SERVICING SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. GAIN SERVICING MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
No Warranties
ALL PRODUCTS, SERVICES AND CONTENT ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. NEITHER GAIN SERVICING NOR ITS PARENT, AFFILIATES OR SUBSIDIARIES ENDORSES AND NONE ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THIS SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THIS SITE. GAIN SERVICING SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD GAIN SERVICING HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO A USER’S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS SITE.
Links
Clicking on certain links within this web site or certain other web sites that are linked to this web site may take you to other websites, or may display information on your computer screen from other web sites, which are not maintained by Gain Servicing. Such web sites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to this web site. Links to other Internet services and web sites are provided solely for the convenience of users. A link to any service or web site is not an endorsement of any kind of the service or web site, its content, or its sponsoring organization.
GAIN AND ITS CORPORATE PARENTS, AFFILIATES, AND SUBSIDIARIES ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE CONTENT, ACCURACY, RELIABILITY OR OPINIONS EXPRESSED IN A WEB SITE, TO WHICH THIS SITE IS LINKED (A “LINKED SITE”) AND SUCH LINKED SITES ARE NOT MONITORED, INVESTIGATED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY GAIN SERVICING. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON A LINKED SITE. ALL PRODUCTS, SERVICES AND CONTENT OBTAINED FROM A LINKED SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
Children
Gain does not knowingly market to, or solicit or collect personal information from children under the age 18.
Confidentiality of Information
Gain has taken reasonable steps to ensure the confidentiality of information taken at this website and transmitted via the Internet. Nevertheless, the Internet brings certain risks that should be recognized and guarded against. We use industry standard security technology and practice to safeguard your accounts from unauthorized access. However, you too play a part in protecting your information. In addition, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
Information and Cookies:
Gain may collect and receive the URL you came from, the pages of this 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 Gain’s Privacy Statement for how this information may be used. Some of Gain’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. 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. CHEROKEE uses the information from cookies to provide services that are customized to your needs.
Choice of Law
All website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law principles.
Website Content and Material
The information and materials contained in this website, including but not limited to these Terms and Conditions and any product information, are subject to change without notice. Users are deemed to be apprised of and bound by any such changes. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by CHEROKEE.
Waiver and Severability
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Updates
These Terms and Conditions were last updated April, 2023. Please check periodically for changes. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this site.
