Date Last Revised: December 3, 2018
Table of Contents
- General Terms
- E-Sign Consent
- Personal License; Ownership
- Changes to Service
- Credit Report Authorization
- Acceptable Use
- Protection of your own devices and user account
- Disclaimers, Warranties and No Liability
- System Outages and System Maintenance
- Marks, Site, App and Content
- Severability/No Waiver
- Governing Law
- Questions/Contact Us
- USA PATRIOT Act Disclosure.
- By downloading our App, accessing and/or using the Services, you are agreeing to these Terms. These Terms apply to any use by you of the Service. For example, these Terms apply: (a) when you download the App to a device, even if you don’t register to use the App; (b) when you access or use the Service on a computer or device, even if you don’t register to use the Service; (c) when you register as a user of the Service; or (d) when you sign up for one or more third-party services or subscriptions. If you sign up for a third-party service or subscription, you may be required to acknowledge and agree to be bound by additional terms and policies by that service or subscription.
- You agree to provide accurate, current and complete information when you register as a user of the Service and when you sign up for a third-party service or subscription. You further agree to promptly update Your Personal Information when it changes.
PLEASE READ THESE E-SIGN CONSENT TERMS (“CONSENT”) CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS. THIS CONSENT APPLIES TO ALL DISCLOSURES, AGREEMENTS, STATEMENTS, NOTICES AND OTHER DOCUMENTS RELATED TO THE SERVICE (“DOCUMENTS”).
This Consent will be effective until you tell us that you no longer want to receive Documents electronically by sending us notice in the manner described in the section of this Consent titled “Withdrawing Your Electronic Acceptance of Documents.”
Electronic Delivery of Documents. You consent and agree:
- We can provide all Documents to you electronically, including all disclosures required by law and other information about your legal rights and duties;
- Your electronic signature on any Documents has the same effect as if you signed them in ink; and
- Your computer or electronic device meets the specifications and requirements listed below, and that such computer or device permits you to access and retain the Documents electronically.
- You agree we can send all Documents to you via traditional mail or electronically via (i) email; (ii) by access to a site or link we provide in an email notice we send to you when the information is available; or, (iii) to the extent permissible by law, by access to a mobile app or site we designate in advance for such purpose. You agree Documents provided electronically have the same meaning and effect as if we provided paper Documents to you. When we send you an email or other electronic notification telling you a Document is available electronically and we do in fact make it available online, that shall have the same meaning and effect as if we provided a paper Document to you, whether or not you choose to view it. And we always reserve the right, in our sole discretion, to communicate with you by mail.
- You also confirm you have the hardware and software described in the section of this Consent titled “Hardware and Software You Will Need”, you are able to receive and review electronic records, and you have an active email account.
Email Address. You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by contacting us at firstname.lastname@example.org. We may provide you with separate instructions to update your email address from time-to-time. You agree if we send an email message to you regarding any electronic communication or send any electronic communication to the email address you have provided us and such email message is returned as undeliverable, we will be deemed to have provided such electronic communication to you.
Hardware and Software You Will Need. To use the Service and view Documents, you will need:
- A Current Version (defined below) of an Internet browser we support or a Current Version of the App;
- A connection to the Internet;
- A Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader); and
- A computer or electronic device and an operating system capable of supporting all of the above.
By “Current Version,” we mean a version of the software we support and that is currently being supported by its publisher or the applicable platform (e.g., Apple’s iOS). We support the Current Version and for a period of time (at least three months), the version immediately prior to the Current Version of Firefox, Google Chrome, Microsoft Edge and Safari.
As permitted by and in accordance with applicable law, we reserve the right to discontinue support of a Current Version of software for any reason, including our opinion that it suffers from a security or other flaw that makes it unsuitable for use with the Service.
Withdrawing Your Electronic Acceptance of Documents. You understand you have the right to receive Documents in paper form. You can request paper copies and/or withdraw consent by contacting us at our Notice Address.
Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw your consent, you may not be able to use certain online functionality with respect to your Products or complete actions with respect to your Products.
Personal License; Ownership
Subject to these Terms we grant to you a personal, non-exclusive, non-transferable, limited and revocable license to access the Services for your own personal use and not for any commercial or business purpose. You do not own nor do you have rights to own the Services.
Changes to Service
We reserve the right, at any time without notice to you and in our sole discretion, to change or discontinue all or any portion of the Service or the Terms. We may modify these Terms from time-to-time by notifying you of such modifications by any reasonable means, including by posting revised Terms through the Service and on our Site. Continued access to or use of the Service following such modifications constitutes your acceptance of those modifications. Any such modifications will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such modifications.
Credit Report Authorization
You understand and agree that, in connection with a request for use of our Service, or requests through third-party service providers through the Service, you authorize us to obtain consumer reports and related information about you in connection with your request from one or more consumer reporting agencies, such as TransUnion, Experian, and Equifax.
You accept sole responsibility for all of your activities using the Service. You may not use the Service in a manner that:
- Uses technology or other means not authorized by us to access the Service Information or our systems;
- Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Service Information or our systems; (b) reproduce or circumvent the navigational structure or presentation of the Service; or (c) otherwise harvest or collect information about users of the Service;
- Reverse engineers, decompiles or disassembles any portion of the Service, except where such restriction is expressly prohibited by applicable law;
- Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
- Attempts to gain unauthorized access to our computer network or user accounts;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
- Is unlawful, fraudulent, or deceptive;
- Attempts to damage, disable, overburden, or impair our servers or networks;
- Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent;
- Fails to comply with applicable third-party terms; or
- Otherwise violates these Terms.
Subject to applicable law and the terms of any Product, we reserve the right, in our reasonable discretion, to terminate your License, your use of the Service, your user account or any Product provided to you and to assert our legal rights with respect to content or use of the Service we reasonably believe is, or might be, in violation of these Terms or the terms of any Product. Upon any such termination, you agree to promptly delete all copies of the App from any of your devices on which the App has been installed. The provider of a third-party service or subscription you access through the Service may have additional termination rights under the terms for their products and services.
You may terminate your account at any time by following the instructions provided in our Frequently Asked Questions. Accounts will be considered finally closed once the balance is paid in full.
Protection of your own devices and user account
It is your sole responsibility to maintain the security of your computer or devices used for accessing the Service or on which the App has been installed; and for maintaining the confidentiality of your user account information, including your access credentials. Activity that occurs under your user account is your sole responsibility and any action as a result of your sharing this information or failing to keep this information secure and confidential, except as otherwise provided by law. In the event of any unauthorized use of your user account, or any other breach of security, you agree to notify us immediately in writing to our Notice Address or by contacting us at email@example.com
Disclaimers, Warranties and No Liability
THE SERVICE AND PRODUCTS PROVIDED BY US ARE PROVIDED ON AN “AS IS” BASIS. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SERVICE, ANY PRODUCT OR ANY THIRD-PARTY SERVICE. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICE, ANY SERVICE INFORMATION, PRODUCTS OR THIRD-PARTY SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. PROVIDERS OF THIRD-PARTY SERVICES MAY HAVE ADDITIONAL OR DIFFERENT WARRANTIES REGARDING THEIR THIRD-PARTY SERVICES.
THE SERVICE INFORMATION, ACCOUNT INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF PRODUCTS, OR THIRD-PARTY SERVICES AND DESCRIPTIONS OF THIRD-PARTY SERVICES, PUBLISHED OR MADE AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. WE DO NOT WARRANT OR REPRESENT THAT WE WILL BE ABLE TO RETRIEVE YOUR ACCOUNT INFORMATION. THE SERVICE INFORMATION AND AVAILABILITY OF THE SERVICE, ANY PRODUCT OR ANY THIRD-PARTY SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE, ANY PRODUCT OR ANY THIRD-PARTY SERVICE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION.
YOU AGREE YOUR ACCESS TO AND USE OF THE SERVICE, ANY PRODUCT OR ANY THIRD-PARTY SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH (A) YOUR USE OF THE SERVICE, SERVICE INFORMATION, ACCOUNT INFORMATION (INCLUDING WITH RESPECT TO THE RETRIEVAL OR ACCURACY THEREOF), ANY PRODUCT, ANY THIRD PARTY SERVICE OR ANY THIRD-PARTY SITE; OR (B) ANY APP FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
System Outages and System Maintenance
Any computer system, service or electronic device, no matter the source or ownership, can experience unanticipated outages (including slowdowns and downtime). You may, at times, experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Services may be unavailable during our own initiated system maintenance, for warranted security precautions or when circumstances beyond our control cause interruptions.
Marks, Site, App and Content
All trademarks, service marks, graphics and logos used in connection with our Services are Ours (“Company Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (“Third-Party Marks”). As such, these Company Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the prior written permission of the applicable trademark owner.
If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, then that provision shall be deemed to be removed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms or additional terms for any Service will not waive our right to later enforce those provisions.
These terms and conditions shall be governed and construed in accordance with the laws of the State of California, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the State of California or the federal district courts sitting in California, which courts shall have exclusive jurisdiction for such purpose.
Many questions regarding the Service, can be answered in our Frequently Asked Questions available on the Site. Any other questions, complaints or claims regarding the Service should be sent to us at firstname.lastname@example.org or at our Notice Address. Questions or complaints about any third-party service or subscription you obtained through the Service should be directed to the provider of the third-party service.
Notice Address: 1447 2nd Street #200 Santa Monica CA 90401
USA PATRIOT Act Disclosure.
To help the government fight the funding of terrorism and money laundering activities, federal law requires we obtain, verify, and record information that identifies each person who creates a relationship. Meaning, when you create a relationship, we will ask for your name, address, date of birth and other information that will allow us to identify you.