Grow Credit Terms of Use and Terms of Service

Date Last Revised: January 26, 2023

Grow Credit Inc. (“Company”, “We”, “Us”) provides the information and services on its World Wide Web site(s) ("Site") or through our Mobile Application (“App”) (Site and App each represent the “Service” or “Services”) to you ("User") under the following Website Terms of Use and Terms of Service (“Terms”), together with our Privacy Policy and Privacy Notice, which are also available on this Site. By accessing and/or using the Site or App as either a guest or a registered user, you indicate your acceptance of these Terms. Please read our Terms carefully; and if you do not wish to be bound by these Terms do not access or use the Site or App in any manner. These Terms of Use set forth the legally binding terms and conditions for your use of the Services. You acknowledge that the use of any card account offered through Grow Credit is governed solely by the Cardholder Agreement and the Loan Agreement and Disclosure statement that are provided to you. Any questions can be directed to behappy@growcredit.com.


Table of Contents

Definitions of Key Terms

  • Account means your Grow Credit Account, including your virtual Mastercard number and your closed-end loan.
  • App means the Grow Credit web application utilized to access and manage your Grow Credit Account.
  • Documents means forms generated for the servicing of your Grow Credit Account, such as loan agreements, cardholder agreements, account statements and notices.
  • License means your limited rights to access the Services for your own personal use and not for any commercial or business purpose.
  • Notice Address means Grow Credit’s address to receive correspondence, and is currently 1447 2nd Street Suite 200, Santa Monica CA 90401.
  • Personal Information means information that personally identifies you (including information that we obtain directly from your computer or device) or your Account information.
  • Product means the specific Grow Credit Membership Plan you are enrolled in.
  • Services means the features of the Grow Credit products providing you a means to pay your subscriptions, make your loan payments and receive credit bureau reporting.
  • Site means the website www.growcredit.com.
  • Terms means the binding agreement between Us and the User as outlined in this document, and in other agreements you acknowledge as a part of the Grow Credit onboarding process.

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Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age and that you are a legal resident of the United States. If you are under age 18, or not a legal resident of the United States, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer services offered on or through the Site to any person or entity and may change the eligibility criteria of the Services at any time. You are solely responsible for ensuring that these Terms of Use and use of the Services are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services are prohibited or conflict with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You agree not to attempt to log on to the Services from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Services from one of these countries may result in your access being restricted and/or terminated.

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General Terms

  • 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.
  • Some functionality of the Service (including third-party services or subscriptions) will involve the collection and transmission of information that personally identifies you (including information that we obtain directly from your computer or device) or your Account Information (collectively your “Personal Information”). Please review our Privacy Policy and Privacy Notice and any privacy notice or disclosure relating to the third-party service you apply for or obtain through the Service for more information about how we or our third-party providers collect, use and share Your Personal Information.
  • In order to use the payment functionality of the Grow Credit application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Grow Credit to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Grow Credit application, and Dwolla account notifications will be sent by Grow Credit, not Dwolla. Grow Credit will provide customer support for your Dwolla account activity and can be reached at growcredit.com, behappy@growcredit.com and/or (888) 244-5886.

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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”) AND IS APPLICABLE TO GROW CREDIT, MRV BANKS (AS IT PERTAINS TO THE BUILD MEMBERSHIP), AND BLUE RIDGE BANK, MEMBER FDIC (AS IT PERTAINS TO OUR PREMIUM MEMBERSHIPS)

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:

  1. We can provide all Documents to you electronically, including all disclosures required by law and other information about your legal rights and duties;
  2. Your electronic signature on any Documents has the same effect as if you signed them in ink; and
  3. 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.
  4. 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.
  5. 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 behappy@growcredit.com. 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.

In the event your billing statement is returned undeliverable, your statements are available through the Grow Credit app.

Hardware and Software You Will Need: To use the Service and view Documents, you will need:

  1. A Current Version (defined below) of an Internet browser we support or a Current Version of the App;
  2. A connection to the Internet;
  3. 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
  4. 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.

Requesting Paper Copies: We will not send you a paper copy of any Documentation from us that you have selected to receive electronically, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy, contact us at behappy@growcredit.com. We reserve the right to charge you a reasonable service charge for the delivery of paper copies of any Communication that was previously provided to you electronically pursuant to your authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

Communications in Writing: All Communications in either electronic or paper format from us to you will be considered “in writing”. You should print or download and maintain physical or electronic copies of the documents, including this Disclosure, and any other Communication that is important to you.

Withdrawing Your Electronic Acceptance of Documents: You can request paper copies for a fee of $5.00 per copy and/or withdraw consent by contacting us at our Notice Address below:

Notice Address: 1447 2nd Street #200, Santa Monica, CA 90401

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.

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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.

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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.

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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.

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Acceptable Use

You accept sole responsibility for all of your activities using the Service. You may not use the Service in a manner that:

  1. Uses technology or other means not authorized by us to access the Service Information or our systems;
  2. 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;
  3. Reverse engineers, decompiles or disassembles any portion of the Service, except where such restriction is expressly prohibited by applicable law;
  4. 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;
  5. Attempts to gain unauthorized access to our computer network or user accounts;
  6. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  7. 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);
  8. Is unlawful, fraudulent, or deceptive;
  9. Attempts to damage, disable, overburden, or impair our servers or networks;
  10. 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;
  11. Fails to comply with applicable third-party terms; or
  12. Otherwise violates these Terms.

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Termination

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.

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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 behappy@growcredit.com

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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.

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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.

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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.

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Severability/No Waiver

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.

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Governing Law

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.

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Questions/Contact Us

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 behappy@growcredit.com 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 Suite 200, Santa Monica, CA 90401

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USA PATRIOT Act Disclosure.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you is that when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

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