Terms and Conditions | Oak Street Funding

Last Updated: August 31, 2023

Thank you for visiting! Please take the time to read these Terms and Conditions (“Terms”), our Privacy Policy and any other written policies that Oak Street Funding^® and/or First Franchise Capital^® (collectively, “First Commercial Finance,” “we” or “us”) have made available to you. We sometimes refer to these, collectively, as our “Agreement” with you. The Agreement sets out rules for accessing, using, and interacting with our Web Properties.

Our Agreement (including these Terms) is a legally binding contract that governs how you access, use, and interact with our Web Properties. Because it is binding and can affect your legal rights, it’s important that you read the entire Agreement. When you access, use, or interact with our Web Properties, you agree to be bound by each of these Terms and the rest of the Agreement. So, if you don’t agree, please don’t access, use, or interact with our Web Properties.

We want to make sure that you understand all of these Terms. If you have questions, feel free to reach out by using the “Contact Us” methods available on our website or by calling (866) 625-3863.

About our Web Properties

When we refer to our Web Applications, we mean the website, MyStreet powered by Oak Street Funding, and related pages which First Commercial Finance has created, desktop applications, software, social media, electronic messaging services, online advertisements, and our internal wireless internet, as well as the content, materials, and services available through any of these platforms, that are owned or offered by us.

Who can use our Web Properties

Our Web Properties are intended for an adult audience of persons who can form legally binding agreements. The Web Properties are not intended for children under 18. Children under 18 years old should never use our Web Properties.

The Web Properties are also intended for use within the United States, only. If you use or access our Web Properties from outside the United States, you are responsible for complying with the laws and regulations of the relevant jurisdiction.

You may only use the Web Properties if you agree to these Terms and the rest of the Agreement (where applicable) as a binding contract with First Commercial Finance and promise that you meet all of the eligibility criteria outlined in these Terms.

What you can expect from our Web Properties

Use of hyperlinks. First Commercial Finance is not responsible for the content of any other website, including any website through which you may have gained access to our Web Properties or to which you may gain access from our Web Properties. We do not accept any liability in connection with any such sites or links. Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our Web Properties. Such a hyperlink does not signify that First Commercial Finance has reviewed or approves of the connected third party’s website or its contents – indeed in certain instances a hyperlink may connect you to a third party’s website containing views contrary to those expressed on our Web Properties or otherwise held by First Commercial Finance.

Our Web Properties may change. We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue our Web Properties, including the content, features, products or services offered through the Web Properties, charge fees in connection with the use of the Web Properties, and offer different or new opportunities to some or all users of the Web Properties. In the case of unforeseen or extenuating circumstances, we may do so without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Properties, or any service, content, feature or product offered or described on through the Web Properties.

Inaccuracy disclaimer. From time to time our Web Properties may contain information with typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order or made an appointment). The information contained on the Web Properties is for general information purposes only. For MyStreet users, certain information provided by First Commercial Finance is based upon independent third-party information. While we make reasonable efforts to ensure the information provided is accurate, we make no warranties about the accuracy and reliability of the information, data or content on our Web Properties. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Web Properties. The content on our Web Properties is provided for informational purposes only and may be compiled from a variety of sources. See the “Disclaimer” Section, below, for more details.

Our intellectual property

The Web Properties and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, audio, colors, background, objects, “look and feel,” layout, and the design, selection, and arrangement thereof), are owned by First Commercial Finance or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights reserved. You are responsible for obeying all applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and these Terms of Use.

These Terms permit you to use the Web Properties for the limited personal purpose for which First Commercial Finance provides the website, namely for information relating to First Commercial Finance’s products and services and purchase of the same (the “Purpose”). You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Web Properties, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Web Properties for internal business purposes relating to the Purpose only and not for further reproduction, publication or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for internal business purposes relating to the Purpose, provided you agree to be bound by our end user license agreement for such applications.

You may not access or use any part of the Web Properties or any services or materials available through the Web Properties for any purpose other than the Purpose. Without limiting the generality of the previous stated prohibition, you may not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from these Web Properties.
Use the Web Properties or any part of it for competitive or benchmarking purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Web Properties in breach of the Terms, your right to use the Web Properties will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Web Properties or any content on the Web Properties are transferred to you, and all rights not expressly granted are reserved by First Commercial Finance or its licensors. Any use of the Web Properties not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

OAK STREET, OAK STREET FUNDING, OAK STREET SERVICING, the Oak Street Logo, THE BRIDGE, FIRST FRANCHISE, FIRST FRANCHISE CAPITAL, FIRST FRANCHISE CAPITAL CORPORATION, and other trademarks used on the Web Properties are trademarks of First Commercial Finance. In addition, the colors, background, objects, “look and feel,” layout, and the design, selection, combination, and arrangement thereof appearing on the Web Properties constitute the trade dress of First Commercial Finance. All other trademarks, product names, and company names or logos used in this website are the property of their respective owners. No permission or license (whether express or implied) is hereby granted regarding the use of any such trademarks, trade dress, product or service names, logos or titles, and such use may constitute infringement of the holder’s rights.

Acceptable use policy

We trust you to use our Web Properties responsibly. But, in order to protect ourselves and our users, we may monitor, modify, terminate, and disclose to third parties your use of the Web Properties. You agree not to misuse our Web Properties or help anyone else to do so. For example, you must not even try to do any of the following (“Prohibited Uses”) in connection with the Web Properties:

Use the Web Properties in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Properties or the material contained on it;
Impersonate or attempt to impersonate First Commercial Finance, a First Commercial Finance employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
Use any network monitoring or discovery software to determine the site architecture, including but not limited to the Web Properties “look and feel,” and trade dress or extract information about usage or users;
Use any robot, spider, or other automatic or manual device or process to monitor or copy the Web Properties, the Web Properties’ design, architecture, arrangement, or “look and feel,” and trade dress or the material contained on it other than as expressly permitted in these Terms of Use;
Use any device, software or routine that interferes with the proper working of the Web Properties;
Frame the Web Properties or link to a page other than the home page without our express written permission;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Web Properties, the server on which the Web Properties are stored, or any server, computer or database connected to the Web Properties;
Use or exploit the Web Properties for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, intrusive on another’s privacy, harmful to the interests of us or our users;
Collect or store personal data that is not your own;
Upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
Undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of the Web Properties, nor will you use or exploit the Web Properties in any way other than as expressly permitted by these Terms;
Remove, alter, obscure, or otherwise render unintelligible any proprietary notices;
Attack the Web Properties via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Web Properties.

Your account

You should be generally able to navigate our Web Properties without creating an account. However, certain products or services will require an Account. You are solely responsible for any activity that occurs through your account, including any impact to your personal device. Similarly, for any part of the Web Properties that you are able to access without creating an account, you are solely responsible for any activity that occurs through your personal device in connection with the Web Properties.

You shouldn’t share your account information or use another person’s account or registration information for the Web Properties. You are solely responsible for keeping your account and account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your account.

In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

Third party content, links, & services

The Web Properties may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.

When you access a third party link through our Web Properties, you may be providing your information to that third party. The third party’s policies will control how it will use, store, or disclose the information you provide. We have no control over the contents of third party sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We also don’t vouch for the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such third party sites. If you decide to access any of the third party websites linked to our Web Properties, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You agree that we will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third party sites and/or third party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third party.

Termination

You’re free to stop using our Web Properties at any time. We reserve the right to suspend or terminate your access to our Web Properties if: (a) you’re in breach of these Terms; (b) your use of the Web Properties would cause a risk of harm or loss to us or other users; or, (c) you haven't accessed your account on our Web Properties for twelve consecutive months. We may also decide to discontinue the Web Properties entirely. As part of using our Web Properties, you acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to a refund or compensation to the fullest extent permitted by applicable law.

We’ll try to provide you with reasonable advance notice on the Web Properties or via the email address associated with your account. We won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Web Properties to our other users, or (c) we're prohibited from doing so by law.

Dispute resolution

We want to try to sort out any disagreements without a formal legal proceeding or case. If a dispute arises between you and First Commercial Finance, you agree to first contact us by emailing servicing@oakstreetfunding.com and Robert.Burt@oakstreetfunding.com before filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, either of us may bring a formal proceeding.

Judicial Forum for Disputes. You and First Commercial Finance agree to submit to the exclusive jurisdiction of the state and federal courts of the Indiana. Both you and First Commercial Finance consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.

Controlling Law. Any claim, dispute or matter arising under or in connection with our Web Applications or the Agreement (which includes these Terms, the Privacy Policy, and every other part of our Agreement) shall be governed by and construed in accordance with the laws of Indiana and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of Indiana or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.

Disclaimers

We strive to provide great products and services, but there are certain things that we can't guarantee. You should also know that, for a variety of reasons, the Web Properties may not always be available and may, sometimes, display inaccurate or outdated information. We also cannot guarantee that the Web Properties will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

To the fullest extent permitted by law, first commercial finance, its parents, subsidiaries, affiliates, suppliers, and distributors make no warranties, either express or implied, about the web properties, content, and products. We provide our web properties on an “as available” and “as is” basis. We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the web properties or any services or items obtained through the web properties or to your downloading of any material posted on it, or on any web properties linked to it.

You acknowledge and agree that your access to and use of our web properties is at your own risk and you are solely responsible for any damage or loss that results from the web properties. First commercial finance makes no representations or warranties about the quality, reliability, completeness, accuracy, timeliness, availability, security, functionality of our web properties, or that defects will be corrected. We disclaim responsibility for any sort of claim, liability, or damage related to errors in or omissions in our web properties, the unavailability of our web properties, or your use of any of our web properties.

You agree that the products and other materials you receive in your order may vary from the products and materials displayed on the web properties due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products. The web properties may contain information about products that are not available in every location. A reference to a product or service on the web properties does not imply or guarantee that it is or will be available in your location or at the time of your order.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

Because some places don’t allow the disclaimers in this section, these disclaimers might not apply to you.

Limitation of liability

We don’t limit or exclude our liability where that would be illegal. For example, some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.

In jurisdictions where exclusions or limitations of liability are allowed, we (and any of our parents, subsidiaries and affiliated companies, employees, agents, officers, shareholders, and directors) are not liable to you or any third person for:

Any special, incidental, indirect, punitive, exemplary, or consequential damages; or,
Any loss of use, profit, business, revenue, or data.

These exclusions or limitations will apply regardless of (1) legal theory; (2) whether or not the claim arises from these terms, any other part of the agreement, your use of the service, or any of the content or other materials located on, accessed through or downloaded from the service; (3) whether or not we knew or should have known about the possibility of such damages; or, (4) whether or not the limited remedies provided in this section fail of their essential purpose.

Except for the types of liability that we cannot limit by law (which are described in this section) we limit our liability to you and/or to any third party to $100 US.

Indemnity

You agree to defend, indemnify and hold First Commercial Finance harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of our Web Properties and/or your breach of any representation, warranty, or other provision of the Agreement.

Privacy

To learn about how we will use the personal information collected on our Web Properties, please read our Privacy Policy.

International use

First Commercial Finance is based in Indiana in the United States. We provide our Web Properties for use only by persons located in the United States and make no claims that the they or any of their content is accessible or appropriate outside of the United States. Access to the Web Properties may not be legal by certain persons or in certain countries; and, if you access them from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. The parties hereto have expressly required that these Terms, our Agreement with you, and all documents and notices relating thereto be drafted in the English language.

Notice to California consumers

If the Web Applications, at any time, are deemed an electronic commercial service (as defined by California Civil Code Section 1789.3), California users are entitled to the following consumer rights notice. The Web Applications are provided by First Commercial Finance d/b/a Oak Street Funding or First Franchise Capital, 8888 Keystone Crossing, Suite 1700, Indianapolis, IN 46240.

If you purchase anything through our Web Applications, a description of what you have purchased and relevant pricing information are posted as part of our ordering process (please consult your individual account for the charges you incurred).

If the Web Applications are deemed an electronic commercial service, you may send questions or file a complaint regarding the Web Applications to servicing@oakstreetfunding.com or call (844) 897-6871. You may also contact us by writing Attn: Legal, 8888 Keystone Crossing, Suite 1700, Indianapolis, IN 46240. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Miscellaneous

Entire Agreement. The Agreement (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) is the entire agreement between You and First Commercial Finance with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.

These terms may change

We may revise and update these Terms and the rest of the Agreement from time to time. These updates might be because we’ve changed our Web Applications, changed how we do business, for legal, regulatory, or security reasons, or to prevent abuse or harm. We will try to give you notice of changes in a way that we think is reasonable under the circumstances. The changes will not be retroactive, but they are effective thirty (30) days after we’ve given notice.

You agree that we may provide updates, notices, disclosures and amendments to these Terms and the rest of the Agreement and other information about our Web Applications electronically, including by posting on our websites, through our mobile apps, and via social media.

The most current version of these Terms, which will always be on our website, will govern our relationship with you. Please check frequently to make sure that you stay up-to-date on any changes.

Your comments and questions

If you have any questions, please write to:

Oak Street Funding LLC/ First Commercial Finance

Attn: Legal

8888 Keystone Crossing, Suit 1700

Indianapolis, IN 46240