Financial Health (“we” or “our”) owns and
operates the website located at partners.financialhealth.net, (the
“Site”). Financial Health provides and maintains this Site for
your information, conditioned on your acceptance, without modification,
of the terms, conditions, and notices contained in this agreement
(“Terms of Use”). By accessing and using the Site, you accept and agree,
without limitation, to the following:
Please Read This Agreement Carefully Before Accessing the Site
BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS
AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY
BOUND BY THIS AGREEMENT AND THE TERMS OF OUR PRIVACY POLICY. THESE
TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES YOU
TO ARBITRATE INDIVIDUALLY ANY DISPUTES OR CLAIMS YOU MAY HAVE WITH US
AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY
ARBITRATION.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.
WE MAY, FROM TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT,
AND YOUR CONTINUED USE OF THE SITE AFTER WE MAKE SUCH CHANGES OR
ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU
SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT
TERMS OF WEBSITE USE.
Products and Services
You understand and agree that Financial Health is not a lender and is not the
creditor for or issuer of, any of the products featured on the Site. Any
products or services advertised at this site or made available to you
by any of our partners after you leave the Financial Health site, are by and
remain the sole responsibility of the respective product vendors and
service providers
Information Acceptance Policy
Your receipt of an electronic or other forms of loan request
confirmation does not signify any acceptance of your funding, nor does
it constitute confirmation of any offer to fund. Financial Health cannot
guarantee that your request for a loan will be approved by a lender.
Financial Health is not responsible for requests that cannot be funded
or for
unsuccessful funding requests arising from an applicant’s ineligibility
to qualify for the funding opportunity.
Restrictions
You must be 18 years or older to use the Site. You agree not to use
this Site or any content contained in it for any illegal or
inappropriate activities.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of the Site and your use of products or
services through the Site’s third party affiliates. Financial Health may, in its
sole discretion, report actual or perceived violations of law to law
enforcement or other appropriate authorities. If Financial Health becomes aware,
through a complaint or otherwise, of any potential or suspected
violation of these Terms of Use or of its Privacy Policy. Financial Health may
(but is not obligated to) conduct an investigation to determine the
nature and extent of the suspected violation and the appropriate
enforcement action. During the investigation, Financial Health may suspend
services to any consumer being investigated and/or remove any material
related to the aforementioned consumer from Financial Health’s services. You
agree to cooperate fully with any such investigation. You acknowledge
that violations of the Terms of Use or the Privacy Policy could be
subject to criminal or civil penalties.
Intellectual Property
The trademarks, titles, characters, trade names, graphics, designs and
other properties, including all software, text and images appearing on
this site are protected intellectual properties owned by Financial Health, its
licensees, or other third parties who have authorized use of such
properties on the Site.
Financial Health grants you permission to view
and make copies of documents, pages, images or other materials or
content on this site for the purposes of submitting a request for a loan
from Financial Health or its affiliates for your non-commercial,
personal use. Financial Health reserves all other rights in this web
site and its contents. You
may not distribute, display, transmit or disseminate any such
documents, pages, images, materials or content without the prior written
consent of Financial Health. Except as expressly provided on this site,
nothing
contained on this site shall be construed as conferring any right or
license under any trademark, copyright or other intellectual property
right.
Disclaimer of Warranties
Financial Health uses reasonable efforts to ensure that the information on this
site is accurate, but cannot guarantee such accuracy. Financial Health makes no
representations regarding the use or the results of any content on the
Site as to its accuracy, reliability or any other matter.
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR ERRORS IN THE
SITE OR THE SERVICES WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT
OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS,”
“AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND
NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR
TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT
WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE
RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS
FOR DATA BACKUP AND SECURITY.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, NEITHER DOMAIN, NOR ITS DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS THEREOF,
SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF OR
IN CONNECTION WITH THIS SITE, THE SERVICES OR CONTENT, OR YOUR
INABILITY TO ACCESS OR USE ANY OF THE FOREGOING, OR ANY OTHER ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A
WRITTEN AGREEMENT BETWEEN YOU AND US, OUR MAXIMUM LIABILITY FOR ALL
CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, THE SERVICES,
SUBMISSIONS OR THE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE WILL
NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU
HAVE PAID US IN THE PAST TWELVE MONTHS WITH RESPECT TO THE INCIDENT
GIVEN RISE THE CAUSE OF ACTION.
Third Party Consent
The Site may contain links to sites maintained by third parties.
Financial Health is not responsible for the content or privacy policies
of those
sites, and the existence of such links should not be considered an
endorsement or recommendation of those sites or of any product or
service offered on those sites or of any party that is associated with
those sites.
Privacy
Financial Health’s Privacy
Policy, which is incorporated herein by reference, is applicable to any
data supplied through the Site in accordance with the .
The Privacy Policy sets out your rights and Financial Health’s responsibilities
with regard to your personal information. Financial Health will not use your
information in any way inconsistent with the purposes and limitations
provided in the Privacy Policy. You agree that Financial Health, in its sole
discretion, may modify the Privacy Policy, and you further agree that,
by using the Site after such modifications become effective, you have
agreed to these modifications. You acknowledge that if you do not agree
to any such modification, you will terminate use of the Site.
Security
Financial Health utilizes secure technology to protect your personal
information. Although Financial Health has taken reasonable measures to
provide
for the security of certain information that you submit to the Site,
Financial Health cannot guarantee that this information will not be
intercepted
or decrypted by others. Financial Health accepts no responsibility for
such
interception or decryption.
Site Use
Financial Health is not your agent, nor is it the agent of the issuer of
any
payday loan or any supplier with respect to your decision to obtain a
personal loan or other financial offering. Financial Health may receive
compensation for third parties for goods, facilities or services that
Financial Health provides to third parties under separate contract. Such
goods,
facilities or services may or may not relate in any way to your use of
the Site. You agree to any such compensation arrangement whether or not
related in any way to your use of the Site.
Indemnification
By using the Site, you agree to indemnify and hold Financial Health, its
subsidiaries, affiliates, officers, agents and other partners and
employees, harmless from any loss, liability, claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising
out of your use or attempted use of the Site, including providing a link
to another site or uploading any content to the Site.
Law and Venue
These Terms of Website Use and the relationship between you and Financial Health
shall be governed by the laws of the State of Delaware, without regard
to conflict of law principles.
Financial Health makes no representations
that the content in the Site is appropriate for access outside the
United States. Those who choose to access the Site from outside the
United States do so on their own initiative and are responsible for
compliance with local laws. If any provision within these Terms of Use
is held to be invalid or unenforceable, such provision shall be struck
and all remaining provisions shall be enforced.
Dispute Resolution
If you have any dispute concerning any aspect of these Terms of Website
Use, the Website, or any of our services, you agree to submit your
dispute for resolution by arbitration before the American Arbitration
Association ('AAA') in the county where you live by filing a Demand for
Arbitration. The arbitrator will have exclusive authority to resolve any
disputes, including any claim that all or any part of these Terms of
Website Use are unenforceable
Opt-Out of Arbitration/Class Action Waiver.
These terms and conditions do not constitute a waiver of any of your
rights and remedies to pursue a claim individually and not as a class
action in binding arbitration as provided above. This provision
preventing you from bringing, joining or participating in class action
lawsuits is an independent agreement. You may opt-out of these Dispute
Resolution Provisions by providing written notice of your decision
within thirty (30) days of the date that you first register on the Site.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF
THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY
TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A
PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY
ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE
PROVIDER USED BY US TO PROVIDE THE SERVICE.
Violation of The Terms of Use
By using the Site, you understand and agree that Financial Health, at its sole
discretion and without prior notice, may terminate your access to the
Site and to any services offered on the Site, and may remove any content
you have provided if Financial Health believes that such content violates or is
inconsistent with these Terms of Use or the Privacy Policy or their
intent, that your conduct is disruptive, or you have violated the law or
the rights of Financial Health or another user.
Modification
Financial Health reserves the right to modify these Terms of Use from time to
time. Your use of the Site after such modification will constitute your
acceptance of, and your agreement to, any new or amended terms and
conditions.
Miscellaneous
All rights
not expressly granted are reserved to Financial Health. The headings used in
these Terms of Use are intended for convenience only, and shall not
affect the construction and interpretation hereof or thereof. A party’s
failure to insist upon or enforce strict performance of any provision of
the Terms of Use shall not be construed as a waiver of such or any
future provision or right. If any provision of these Terms of Use is
held to be invalid or unenforceable, such determination shall not affect
such provision in any other respect or any other provision of these
Terms of Use, which shall remain in full force and effect. These Terms
of Use and the Privacy Policy both constitute the entire agreement and
understanding between the parties with respect to the subject matter
contained herein and therein and supersedes and replaces any and all
prior written or oral agreements related to the subject matter hereof.