Welcome to FINZMO.com, the website, online service and mobile application (collectively, the “Site”) of FIIZY, Inc., its parent, and any subsidiaries (“FINZMO,” “Company”, we,” “our” or “us”). These Terms of Service explain the terms by which you may use our online services, website, and software provided on or in connection with the service and also govern any all communications with us via phone, email, text or otherwise (collectively the “Service”). By accessing or using the Service through any direct or indirect means, you signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms of Service” or this “Agreement”) and to the collection and use of your information as set forth in the FINZMO Privacy Notice, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).
Please read these terms carefully. These Terms of Service are a legally binding contract. If you do not agree to them you must not use the Site or Service.
THE TERMS CONTAIN:
1. Your Use of FINZMO’s Service
FINZMO is a platform that enables Users to view various unsecured, non-mortgage financing sources from FINZMO’s network of nonaffiliated lenders (which may include U.S. based banks, nonbank lenders and finance companies) (“Provider(s)”). We are not a bank or a lender and do not make loans or credit decisions in connection with loans.
FINZMO is not an agent of either you or any Provider.
You may use the Service only if you are a natural person (i.e., not a business or other corporate entity) and can form a binding contract with FINZMO. Any use or access to the Service by anyone under the age of majority in the State in which they reside is strictly prohibited and in violation of these Terms. You must act in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You are prohibited from using the Service if you have previously been removed from the Service by FIIZY.
FINZMO will present information about loan products or services potentially offered by Providers to you if you indicate that you are a resident in a state where FINZMO operates. Loans may be made only to residents of states where Providers are licensed or authorized to make such loans. Our Providers are not attempting to make loans outside of their authorized states or country by participating in and offering their products on FINZMO. FINZMO and Providers expressly reserve the right to discontinue, suspend or terminate the advertising of any loan product in any specific state through FINZMO at any time, without prior notice.
1.2 Modifications to this Agreement
We may make changes to these Terms of Service from time to time. If we make changes, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service was last revised. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the Site. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
1.3 Your Consent to Collect and Transmit Your Requests and Information
In order for us to provide the Service to you, when you provide us information we will share that information with Providers to enable certain functionality on the Site or through the Service.
Your use of the Service and the features may require the collection and transmission of your personal information in order to provide you with the functionality of the Service. You authorize FINZMO to transmit your information to Providers. FINZMO may send your request or application information to a Provider to expedite your application submission process with the Provider (e.g., when you have provided your information and press “Continue” or similar button on FINZMO website, FINZMO may select a Provider for you and you are directed to the particular Provider’s website). By clicking “Continue,” or otherwise continuing the application process on FINZMO website you authorize FINZMO to transmit information for such purpose.
You represent, warrant, acknowledge and accept that by providing your information to FINZMO and continuing the process on FINZMO’s website you (i) act affirmatively and consent to be automatically redirected to environments (e.g. websites) of Provider(s) or matched offer(s) of Provider(s) and (ii) based on your information, FINZMO may match you with a specific Provider and you may be automatically redirected to that Provider’s environment (e.g. website). You hereby represent and warrant that FINZMO has all required consents and authorizations to match you with a Provider’s offer or redirect you to Provider’s environment. After such redirecting, you are free to choose if you want to use any services or products of such Provider or not. You represent, warrant, acknowledge and agree that such redirecting you will be solely responsible for choosing and using the products and services of any Provider and you have carefully studied and understood the obligations, terms and conditions which relate to the products and services of a Provider which you choose to use.
1.4 Your Accounts and Account Information from Third-parties Integrated with our Service
In order to provide a more efficient Service, FINZMO may partner with third-party service providers to access information related to loans that you may currently have with financial institutions or providers (“Account Information” related to “Third-Party Accounts”). By entering your login details such as usernames and passwords “Login Details” for your Third-Party Accounts, our third-party service providers can access your Account Information and then provide it to FINZMO so that certain fields on certain forms within the Service can be populated without you having to manually enter that information (“Auto-Population”). By entering your Login Details, you consent to third party service providers accessing your Third-Party Accounts and Auto-Populating your information within the Service so that FINZMO can share the relevant information (i.e., loan details) with Providers. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of your Account Information as accessed by third party providers as part of the Service. You acknowledge and agree that we have no control over the provision of third party service provider’s services in relation to Auto-Population, and have no liability whatsoever for any actions or inactions on the part of those third-party service providers resulting in your inability to use the Service to access your accounts, obtain data, download information or otherwise access the Service.
1.5 Credit Inquiries (“Pulling Your Credit”)
Your consent to a soft credit inquiry: When you create and maintain an Account and/or use the Service to request information from or regarding potential Providers, you provide written instructions, in accordance with the Fair Credit Reporting Act and other applicable law, that authorize FINZMO, Providers, and our respective agents to request, receive, and retain a copy of your consumer credit report and score from consumer credit reporting agencies (i.e., Experian, TransUnion and/or Equifax), each time you use the Service and/or on a recurring basis for so long as you maintain an Account. You can deactivate your Account at any time by signing in to your FINZMO Account, going to Account settings and deleting your account. If your Account remains inactive for 6 months or longer, we may, at our discretion, deactivate your FINZMO account. This credit inquiry is considered a “soft credit inquiry” and it does not affect your credit score. Soft credit inquiries are shown only on copies of credit reports that are provided to you. Creditors and other users of credit reports cannot see soft inquiries.
How the credit report information is used: This credit report may be used for a variety of reasons which may include, but are not limited to the following: (i) verifying that the information you have provided is true and accurate, including the verification of your identity; (ii) assessing your credit history and credit score for the purpose of identifying products and/or services that you may be interested in or that you may prequalify for in a particular instance and/or on an ongoing basis; and/or (iii) matching you with specific Providers or their respective products, services, offers and/or promotions in a particular instance and/or on an ongoing basis.
Your consent to a hard credit inquiry when submitting an application for credit: FINZMO does not use your information to perform “hard credit inquiries.” Providers, however, will use information about you, which may include information you provide FINZMO, to perform hard credit inquiries. When you submit an application for credit to a Provider, you provide written instructions in accordance with the Fair Credit Reporting Act and other applicable law, for Providers or their respective agents to conduct a hard credit inquiry. Hard credit inquiries impact your credit score. Hard credit inquiries are required by all creditors when you apply for credit. You are applying for credit (1) after you have received personalized, prequalified rates from a Provider for a loan, you select a loan product and Provider, and submit your request with the Provider; (2) other times when you choose to move forward with one or more Providers even though you were not presented with prequalified rates from the Provider(s); and (3) when submitting an application for credit with respect to a home loan.
1.6 Inquiries about Providers
For personal loans, FINZMO provides a platform that enables you to request FINZMO to redirect you to certain Provider’s website or display links or offers of certain Providers (which links may include prequalified rates) (“Provider Links”) who may be willing to provide loan to you (each such request, an “Inquiry about Providers”). The following disclaimers relate to such process:
1.7 No Recommendations or Professional Advice
We are not providing you any advice or recommendations about any specific product or service.
Instead, what we do is collect information from and about you (e.g., the information you furnished in the Request for Potential Providers and a soft credit pull) necessary to assess which Providers have the highest probability of providing you with a loan for which you submitted a Request for Potential Providers. FINZMO will display the Provider Link(s) in the order of such probability. Once you have been presented a Provider Link, you can choose to proceed to the Provider’s website in order to submit an application for the loan. Alternatively, by providing your information and continuing the process of FINZMO’s website, you may be automatically matched with a Provider’s offer, promotion or website and automatically redirected to such Provider’s website where you are free to choose whether you wish to continue applying for a loan or not.
We encourage you to seek advice from a financial professional or other professional who may have more information about your specific financial needs and circumstances.
Nothing provided on the Site or through the Service should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, tax, or legal recommendations or advice or other professional advice). FINZMO does not endorse the products of any particular Provider. FINZMO’s services are only administrative. You should rely on your own judgment and/or consult your own financial or other professional advisor in deciding which available loan product, terms or Provider best suits your needs and financial means. A decision by FINZMO to display a Provider Link to you or automatically redirect you to a Provider’s Link or website does not constitute a determination that a potential loan is (i) suitable for you or any other borrower or (ii) better in any way to any other potential loan or credit for which you might qualify.
We are not liable to you for any advice provided to you by Providers or other third parties you may link to from our Site. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the products and services provided by Providers.
1.8 FINZMO Accounts
In order to use certain functionality of the Service, you must register for an account on our Site. The information you input must be truthful, accurate and complete at all times. If it is not, neither us nor the Provider can verify your identity or display to you products, services and content specific to you. You are only allowed one account, you need to keep it secure; do not share it with others.
When using our Service you may be required to establish an account (“Account”). You agree to the following requirements pertaining to the Account:
YOUR INFORMATION MUST BE ACCURATE AND CURRENT: You agree to provide true, accurate and complete information as prompted by the Service and all forms you access through the Service. You agree to update the information you provide through the Service in the event the information you provided changes in order to maintain its truthfulness, accuracy and completeness. FINZMO makes no warranties or guarantees about the information you provide to us that gets passed on to Providers; such information is your responsibility. In the event your information is not true, accurate or complete, it may impact what products, services, or content (e.g., rates, quotes, offers) are presented to you through the Service.
ONLY ONE ACCOUNT: You may not register for more than one Account without express written permission from FINZMO.
ACCOUNT SECURITY: You must keep your Account password secure. We encourage and may require you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify FINZMO immediately of any breach of security or unauthorized use of your Account. FINZMO will not be liable for any losses caused by any unauthorized use of your Account.
VERIFICATION OF IDENTITY (US PATRIOT Act Information Disclosure): To help the government fight identity theft, the funding of terrorism and money laundering activities, FINZMO and Providers may obtain, verify and record information that identifies each person who opens an account with us or them. You may be required to provide your Social Security Number, address, telephone number, date of birth and other important information that will allow FINZMO, Providers and their respective agents to properly identify you. FINZMO, Providers and ours and their respective agents may also ask to see your driver’s license or other identifying documentation to further assist in verifying your identity.
2. Change to Service; Prohibited Activities
We can terminate the Service, aspects of the Service or your use of the Service at any time.
There are certain rules that you must follow when using the Service; some examples of what is prohibited are provided in this section.
We may, without prior notice, change the Service; stop providing the Service or features to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination that you violated any provision of this Agreement, or for no reason.
While we may terminate your use of the Service at any time, for any reason, the following are specific activities that are prohibited when using the Service:
ADVERTISING AND COMMERCIAL SOLICITATION: You will not advertise or solicit any User to buy or sell any products or services except as expressly permitted by the Services and this Agreement. Further, you will not use any information obtained from the Service in order to advertise to, solicit, or sell any products or services to any User without their prior explicit consent.
NO HARASSMENT: You will not harass, annoy, intimidate or threaten any User(s) or FINZMO employees or agents engaged in providing any portion of the Service to you.
NO IMPERSONATION: You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
TECHNOLOGICAL USE: You will not engage in:
3. Your Consent to Telephone Calls, Recording of Telephone Calls and SMS and E-mail Messages
3.1 Consent to receive telephone calls, SMS and E-mail messages and other messages
You acknowledge that by voluntarily providing your telephone number(s) and e-mail(s) to FINZMO, you authorize us and our Providers (which includes, for the purposes of this Section 3 and of Section 4, our and our Provider’s agents and representatives) to contact you using automatic telephone dialing systems, artificial or pre-recorded voice message systems and automated text or electronic messaging systems in order to provide you with information regarding your Account, promotional offers, any transaction with us and with our Providers, and/or your relationship with FINZMO. You agree to receive such calls and text and electronic messages even if you cancel your account or terminate your relationship with us or our Providers, except if you opt out, as provided below. You expressly authorize us and our Providers to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) and e-mails you have supplied or will supply to us or our Providers in connection with your Account or any other phone numbers and e-mails we can reasonably associate with your Account through lawful means, such as skip tracing, caller ID capture, or other means. You understand that anyone with access to your telephone or e-mail may listen to or read the messages we leave or send you. You agree that we will have no liability in connection with third parties accessing your telephone or e-mails. Consent to receive promotional automated marketing calls/texts is not a condition of purchasing any goods or services or obtaining a loan. Calls or text messages to you may be made by or on behalf of FINZMO or our Providers even if your telephone number is registered on any state or federal Do Not Call list.
3.2 Sharing your phone number and e-mail with Providers
You understand and agree that we may share your telephone number and e-mail with Providers and/or their respective agents who may require further information prior to providing a response to your submission of information through the Service or to contact you regarding a product or service. You hereby authorize Providers to contact you directly and to contact FINZMO.
3.3 The phone numbers and e-mails you provide
You represent and warrant that you are the owner and/or primary user of any phone number and e-mail you provide to us. Should any of your telephone numbers or e-mails change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us and our Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number or e-mail that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.
3.4 Charges from your telephone provider
You understand that your cellular or mobile telephone provider may charge you fees for calls that we or our Providers make or texts that we or our Providers send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.
At any time, you may withdraw your consent to receive (1) automated telephone calls; (2) automated SMS messages, and/or (3) telemarketing calls. You must log into your Account on the Site and delete your profile. Alternatively, to stop marketing text messages or e-mails, simply press “UNSUBSCRIBE” button or link on any marketing text message or e-mails that we send you. You acknowledge and agree to accept a final text message or e-mails confirming your opt-out. Opting out may prevent you from receiving messages regarding products, services, updates, improvements, or special promotions. Please allow up to thirty (30) days to process any opt-out request. To stop receiving automated telephone calls, automated SMS or e-mail messages and/or telemarketing calls from our Providers, you must follow their procedures on their respective websites.
Please note that if you opt out of automated calls or e-mails, we and our Providers reserve the right to make non-automated calls and e-mails to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service. If you have any questions about opting out, please contact us via email at firstname.lastname@example.org.
3.6 Call Recording and Monitoring
Calls to and from FINZMO and its Providers (or third parties acting on behalf of FINZMO or its Providers) may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.
4. Your Consent to Electronic Communications
Electronic Communications Delivery Policy (E-SIGN Policy)
Since we are an Internet-based company, in order to use our Service you must agree to receive all important information from us and our Providers electronically (by us posting it on our Site or us or our Providers sending you an e-mail), instead of receiving paper copies in the mail.
The information in this section lets you know what technology you need to be able to view, save and/or print the Communications we send you, and that by using the Service you are agreeing that you have these technological capabilities. This section also lets you know that you must keep your contact information up-to-date.
You also have the right to opt-out of receiving Communications from us and our Providers electronically, but if you do you may not be able to use our Service.
4.1 Electronic Delivery of Communications
You agree and consent to receive electronically all non-telephonic communications, agreements, documents, notices and disclosures (collectively, "Communications") that we or our Providers provide in connection with your use of the Service. Communications include, but are not limited to:
We will provide these Communications to you by posting them on the FINZMO.com website and/or by emailing them to you at the email address listed in your FINZMO profile.
4.2 Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
By using the Service you are giving your consent to, and you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
4.3 Additional Mobile Technology Requirements
If you are accessing the Service and the Communications electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. These applications can be found for most mobile devices in the device's respective "app store". If you do not have these capabilities on your mobile device, please access the Service through a device that provides these capabilities.
4.4 How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by logging into your Account on the Site and deleting your Account. If you fail to provide your consent or if you withdraw your consent to receive Communications electronically, FINZMO and its Providers reserve the right, within our or their discretion and at our or their election, to either deny your use of the Service or restrict, close or deactivate your Account, or charge you additional fees for paper copies.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your physical address in your FINZMO profile. If you request paper copies, you understand and agree that FINZMO may charge you a Records Request Fee of up to $10 for each Communication.
4.5 Updating your contact information
It is your responsibility to keep your email address up to date so that FINZMO can communicate with you electronically. You understand and agree that if FINZMO sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, FINZMO will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add FINZMO to your email address book so that you will be able to receive the Communications we send to you.
You can update your email address or street address at any time by going through the application flow on the Site and during the application flow providing your new e-mail address. To remove your invalide-mail address, please log in to your Account and delete your Account which is attached to that e-mail address. If your email address becomes invalid such that electronic Communications sent to you by FINZMO are returned, FINZMO may deem your Account to be inactive, and you will not be able to transact any activity using your Account until we receive a valid, working email address from you.
5. User Content Requirements and Intellectual Property Rights
5.1 You grant us a license to the content you post
You own and are solely responsible for any content including testimonials, images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant Us or our sub-licensee or assignees a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future (“Use”).
You grant Us or our sub-licensee or assignees the right to use your name or image in association with your User Content, if we so choose.
Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against Us, our sub-licensees or assignees.
5.2 Your representations and warranties about the User Content
You represent and warrant that the User Content you provide (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third-party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system.
5.3 You agree that you will not do any of the following:
5.4 Your obligations if you violate (or someone accuses you of violating) their rights with respect to the content you provide.
You will indemnify and hold FINZMO harmless for any and all claims resulting from your User Content.
5.5 Monitoring, editing or removing your User Content
FINZMO has the right but not the obligation to monitor, edit or remove the User Content you provide, for any reason, or no reason. Any User Content you provide is non-confidential and FINZMO will not be liable for its use or disclosure.
5.6 No compensation for your ideas, content, suggestions, submissions etc.
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to FINZMO, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that FINZMO may have something similar to the Ideas under consideration or in development.
5.7 Responses to your User Content
The comments or responses that FINZMO posts under its official account are not provided, reviewed or endorsed by any Provider unless specifically stated otherwise in the response. Please keep in mind that the Provider has no obligation to monitor any of the comments, questions or reviews posted (yours or ours), and is therefore not responsible to ensure that your posts and/or questions are answered.
5.8 Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “FINZMO Content”), and all Intellectual Property Rights related thereto, are the exclusive property of FINZMO and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any FINZMO Content. Use of the FINZMO Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Use of any FINZMO Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by FINZMO in writing.
6. Privacy and Security
When you use our Service you agree to our Privacy Notice; please read it carefully so you know how we collect, use, share, and secure your information.
We care about the privacy and security of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Notice, and to have your personally identifiable information collected, used, transferred to and processed, as contemplated by our Privacy Notice.
You agree that you will be personally liable for your use of the Service. You agree to defend, indemnify and hold harmless Company and its subsidiaries, officers, directors, agents and employees, Providers (and their officers, directors, agents and employees), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other security code. Company reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. DISCLAIMER OF WARRANTIES AND GUARANTEES; LIMITATION OF LIABILITY
THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. YOU UNDERSTAND AND AGREE THAT NOTHING RELATED TO THE SERVICE CONSTITUTES INVESTMENT, LEGAL AND/OR OTHER PROFESSIONAL ADVICE.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL FINZMO, ITS PARENT, SUBSIDIARIES, OR PROVIDERS OR THEIR RESPECTIVE AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE OR $100, WHICHEVER IS GREATER.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The following in no way limits the preceding disclaimers of guarantees or warranties and limitation of liabilities, but shall serve as examples of what is disclaimed/limited:
8.1 ASSUMPTION OF RISK:
YOU ASSUME ALL RISK AND ANY AND ALL DAMAGES ASSOCIATED WITH YOUR USE OF THE SERVICE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE.
8.2 SERVICE AVAILABILITY:
COMPANY DOES NOT GUARANTEE THE CONTINUOUS OPERATION OR ACCESS TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY; (V) THAT THE SITE OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (VI) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
8.3 NO GUARANTEE OF ACCURACY OR RELIABILITY:
COMPANY DOES NOT GUARANTEE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY ERRORS, MISTAKES OR OTHER INACCURACIES IN THE INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO CONFIRM THE ACCURACY OF THE INFORMATION DISPLAYED ON THE SITE OR PROVIDED THROUGH THE SERVICE DIRECTLY WITH THE PROVIDERS.
8.4 INFORMATIONAL PURPOSES ONLY; NO RECOMMENDATIONS OR ADVICE:
THE CONTENT, INFORMATION AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL FINANCIAL DECISIONS MADE BY YOU ARE YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A FINANCIAL ADVISER WHO UNDERSTANDS AND KNOWS YOUR SPECIFIC FINANCIAL CIRCUMSTANCES BEFORE MAKING ANY FINANCIAL DECISIONS. NOTHING ON THE SITE SHOULD BE INTERPRETED AS A FINANCIAL RECOMMENDATION FOR YOU.
8.5 NO WARRANTIES REGARDING PROVIDERS OR OTHER THIRD PARTIES:
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY PROVIDER OR OTHER THIRD-PARTY, INCLUDING THOSE THAT ARE HYPERLINKED TO OR FROM OUR SITE OR SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ASSOCIATED WITH PROVIDERS’ OR OTHER THIRD-PARTIES’ SITES, INFORMATIONAL MATERIALS, PRODUCTS OR SERVICES INCLUDING BUT NOT LIMITED TO OFFERS, PREQUALIFIED RATES, OR QUOTES. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT, FINZMO’S PRIVACY NOTICE AND OTHER COMPANY TERMS AND POLICIES DO NOT APPLY TO YOUR USE OF PROVIDERS’ OR OTHER THIRD-PARTIES’ WEBSITES. COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A PROVIDER OR OTHER THIRD-PARTY. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ALL TRANSACTIONS RELATED TO THE PRODUCTS OR SERVICES FROM OR WITH ANY PROVIDER OR OTHER THIRD PARTY, INCLUDING BUT NOT LIMITED TO, PAYMENT TERMS, PURCHASE TERMS, RATES, QUOTES, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY ARE AGREED TO SOLELY BETWEEN YOU AND PROVIDER OR OTHER THIRD-PARTY WHETHER OR NOT SUCH TRANSACTION WAS COMMENCED ON OUR SITE OR USING OUR SERVICE AND YOU EXPRESSLY RELIEVE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY PROVIDER OR THIRD-PARTY SITES, PRODUCTS OR SERVICES. COMPANY DOES NOT ENDORSE ANY PARTICULAR PROVIDER OR OTHER THIRD-PARTY.
8.6 WE ASSUME NO LIABILITY FOR THE RELATIONSHIP AND INTERACTIONS BETWEEN YOU AND A PROVIDER OR OTHER THIRD PARTY:
9. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FINZMO HAVE AGAINST EACH OTHER ARE RESOLVED.
You and FINZMO agree that any claim or dispute at law or equity that has arisen, or may arise, between you and FINZMO that relates in any way to or arises out of this or previous versions of the Agreement, your use of or access to the Service, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
9.1 Dispute resolution
For any dispute with FINZMO, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that FINZMO has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any FINZMO claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Nothing in this Section 9 shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
9.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND FINZMO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND FINZMO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
9.3 Arbitration Procedures
Overview: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 9.2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
Rules and Procedures: The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
Notice: A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to FINZMO should be sent to ATTN: Legal Notices, FIIZY, Inc. 12 E 49th Street, New York, NY 10017. FINZMO will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
Post-Notice Initiation of Proceedings: If you and FINZMO are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or FINZMO may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to FINZMO at the following address: ATTN: Legal Notices, FIIZY, Inc., 12 E 49th Street, New York, NY 10017. In the event FINZMO initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Account. Any settlement offer made by you or FINZMO shall not be disclosed to the arbitrator.
Arbitration Location: The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or FINZMO may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FINZMO subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or FINZMO may attend by telephone, unless the arbitrator requires otherwise.
Arbitrator Decision; Final and Binding: The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same FINZMO user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.4 Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. Any request for payment of fees by FINZMO should be submitted by mail to the AAA along with your Demand for Arbitration and FINZMO will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse FINZMO for all fees associated with the arbitration paid by FINZMO on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 9.2 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
9.6 Waiver of Jury Trial and Class Action
YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED I UNDER THE FEDERAL ARBITRATION ACT).
9.7 Opt-Out Procedure
IF YOU ARE A NEW FINZMO USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME (I.E., YOU ACCEPT THE USER AGREEMENT WHEN YOU USE THE FIIZYFINZMO WEBSITE, WWW.FIIZYFINZMO.COM). YOU MUST MAIL THE OPT-OUT NOTICE TO ATTN: LEGAL NOTICES, FIIZY, INC, 12 E 49th Street, New York, NY 10017 or other address as may be specified on the Site as FINZMO’s contact address55 E. 3RD AVENUE, SAN MATEO, CA 94401
Your Opt-Out Notice must include the following information: your name, address (including street address, city, state and zip code), and the email address associated with your Account. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
9.8 Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against FINZMO prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and FINZMO. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.FINZMO.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may delete your Account within the 30-day period and you will not be bound by the amended terms.
9.9 Judicial Forum for Legal Disputes
You agree that: (i) the Service shall be deemed solely based in the State of New York, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over FINZMO, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without regard to principles of conflict of law.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and FINZMO must be resolved exclusively by a state or federal court located in New York County, New York. You and FINZMO agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
10.1 Monitoring of Our Services and Disclosure for Administrative and Legal Reasons:
We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including personal information as defined in our Privacy Notice) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our users, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Service or the services of our Providers or other third-parties.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FINZMO without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
10.3 Entire Agreement.
This Agreement, together with the Privacy Notice and any other policies linked to in this Agreement, constitute the entire and exclusive understanding and agreement between you and FINZMO regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. FINZMO may offer promotions from time to time. While promotions are subject to these Terms of Service and the Privacy Notice, there may be additional terms and conditions governing those promotions.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be given effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
10.5 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FINZMO’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Headings are for reference purposes only and do not limit the scope or extent of such Section.
The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
10.8 No Agency or Joint Venture.
Neither this Agreement nor the use of the Service shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and FINZMO, except and solely to the extent expressly stated herein.
10.9 Provider and Other Third-Party Terms.
The Service may contain links to third-party and Provider websites, advertisers, services, or special offers that are not owned or controlled by FINZMO. FINZMO does not assume any responsibility for any third-party sites, information, materials, products, or services.
In some instances, Providers require that FINZMO’s Users agree to be bound by some additional Terms of Service that are specific to particular products or services (“Provider Terms”). In the event of any conflict between the Provider Terms and FINZMO’s Terms of Service related to the Service, FINZMO’s Terms of Service govern and control.
When you link to Provider or other third-party sites you do so at your own risk and you should be aware that our terms and policies do not govern, except to the extent expressly provided for herein. You should always review the third-party’s applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.
Notice to California Residents: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Copy/Save Agreement: You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.
Last Updated: 1 April 2019