These Terms & Conditions (“Terms”) represent an agreement between Finturf, and its affiliated companies, the Finturf Website (“Site”) and Mobile Application (“App”), (interchangeably and collectively “Finturf”, “we”, “us”, “our”, or “Company”) and You (“Merchant,” “You” and “Your”) as a merchant when You use Finturf’s service and features as described in these Terms (the “Service”). These Terms may be amended without notice to You. By accessing or using the Site or App, You confirm that You have read, understand, and agree to be bound by these Terms and the Finturf Privacy Policy . If You do not agree with these Terms or the Finturf Privacy Policy , do not continue to use this Site, the App, or the Services.
You acknowledge that each time You use our Service, You agree to the current version of these Terms. Please review the Terms regularly. This Agreement is a legally binding agreement between You and Finturf governing Your non-transferrable use of Finturf Services and any features and products that Finturf may make available to You. You acknowledge that we have the right to revise and amend these Terms without prior notice to You.
Finturf provides to You a platform that allows You to offer consumers the ability to pay for goods and services through finance products offered by Finturf’s network of finance providers (“Services”).
We constantly work to improve our Site and App for You to have a better user experience. This may require changes to these Terms. We reserve the right to change all content on the Site or App and any service offered through the Site or App at any time without any notice. The Site or App may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Site or App or any feature of the Services available through the Site or App at any time for any reason without notice to You. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Site or App, including injury or damage to You or any other person’s devices related to or resulting from use of the Site or App.
Not all merchants will be approved by Finturf to partake in its offering of the Services. Among other factors, Finturf must verify Merchant’s company information You have provided, evaluate Merchant’s risk, and conduct a background check on Merchant’s principals.
Each Merchant will need a Finturf User Account (“Principal Account” and “Account”) to use certain Finturf Services. The Principal Account must be created by a Principal of Merchant. Each Merchant may authorize its employees to have an Account linked to Merchant’s Principal Account and such Accounts can only be created within the Principal Account. Each Merchant and individual may only hold one Account. By creating Your Account, You acknowledge that You are an authorized representative on behalf of a Merchant, that You are of 18 years of age or of legal age in the state You reside in, that You have read, understand, and agree to Finturf’s Terms and Privacy Policy. You also acknowledge that the information You provide is Your own and correct identity, belonging to You. Any use of information that does not belong to You or that You are not authorized to use, or the use of the Service in a non-prescribed way, is a misuse of Finturf. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. With Your Finturf Account, You will be required to have a password. Keep Your password secure. You are responsible for the activities on Your account. You represent, warrant, and agree that no materials of any kind submitted through Your account or otherwise provided by You through the App will violate or infringe upon the rights of any third-party, including, without limitation, any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain defamatory or unlawful material. You will notify us promptly if You discover any unauthorized use of Your account. We are not responsible for any losses resulting from unauthorized use of Your account.
Information that is asked when You create Your account may include:
Merchant consents to Finturf collecting, storing, and using Merchant’s contact information, including but not limited to, the data points listed above (“Contact Information”). This Contact Information may be used by Finturf for future phone, SMS, and/or email communication, including marketing messages. Finturf shall collect and maintain this Contact Information in accordance with applicable privacy laws and regulations.
Under no circumstances will Finturf be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from Your use of the App.
The Contact Information obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. Upon consenting to receive text messages from Finturf, you may receive communications related to: registration confirmations, user invitations, password recovery, merchant approval notifications, and merchant deactivation notifications. Please note that standard messaging disclosures apply. Finturf’s SMS frequency is estimated to be 100 text messages daily across all users.
Carriers may charge fees for each message sent or received These fees can vary based on the carrier’s pricing structure and whether the message is sent domestically or internationally.
You may opt-in for SMS messaging from Finturf while completing your Merchant application. No SMS communication will be initiated without customer consent. You can opt-out of SMS messaging from Finturf by replying STOP at any time to any received SMS message. Once opted-out, You will receive no further SMS communication. You can opt back in at any time by replying START.
Messaging frequency may vary. Message and data rates may apply. To opt out at any time, text STOP. For assistance, text HELP. View our Privacy Policy here and our Terms and Conditions here.
You represent and warrant that the information You provide is correct and true. Finturf reserves the right to discontinue Your use of the Service at any time for any reason.
You agree not to use the Site or App to:
In connection with Your use of the Finturf Site or App, You agree not to do any of the following:
This Agreement continues for an indefinite period. It applies until it is terminated by You or us. Finturf may terminate at any time without notice to You.. Upon termination, the use of the Site or App or any Finturf Service, including any features provided in, or managed via, the Finturf Site or App, will no longer be available to You.
The “Finturf” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service marks, whether registered or unregistered, (collectively “Trademarks”) are property of Finturf. Finturf’s trademarks may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Finturf for each instance of use. All content included in or made available through the Site and App (“Finturf Content”) is protected by applicable copyright laws in the United States and other countries. Use of the Site and App and Finturf’s Services confers no intellectual property rights on You. Finturf strictly prohibits the copying, distribution, use, or publication by You of any part of the Finturf Content. By using Finturf’s Services, You consent to Finturf using your company name and logo for marketing purposes.
ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES FOUND ON THIS SITE OR THE APP ARE OFFERED “AS IS” AND YOU ACCESS THEM AT YOUR OWN RISK. FINTURF DISCLAIMS ANY WARRANTY, EITHER IMPLIED OR DIRECTLY STATED INCLUDING, BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, AND SERVICES. THE COMPANY PROVIDES NO WARRANTY CONCERNING THE RESULTS AND EFFECTIVENESS OF THE SITE, APP OR ITS INFORMATION, CONTENT, PRODUCTS, AND SERVICES. USE OF THE SITE AND APP IS AT YOUR OWN RISK. FINTURF DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT ANY OF ITS SERVICES WILL MEET YOUR REQUIREMENTS. THE COMPANY MAKES NO GUARANTEES THAT SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE. NO GUARANTEES ARE MADE REGARDING FUNCTIONALITY OR DEFECTS IN THE OPERATION OF SERVICES OR RELATED SOFTWARE OR THAT ERRORS, IF ANY, WILL BE CORRECTED. FINTURF ALSO DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT THIRD-PARTY SERVICES WILL MEET YOUR REQUIREMENTS, OR BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE. NO GUARANTEES ARE MADE REGARDING FUNCTIONALITY OR DEFECTS IN THE OPERATION OF THIRD-PARTY SERVICES OR RELATED SOFTWARE OR THAT ERRORS WILL BE CORRECTED.
Finturf does not guarantee the continuous, uninterrupted, error-free, or secure use of any part of the Site, App, or Services. Use of the Site, App or Services may be interrupted due to events outside Finturf’s reasonable control, such as maintenance.
Finturf does not approve or control any third-party website or application and we are not responsible or in any way liable for their content. If You use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to You.
FINTURF WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES RESULTING FROM YOUR USE AND/OR ACCESS TO THE COMPANY’S SITE, APP OR SERVICES. THE FULL AND TOTAL LIABILITY, AS PERMITTED BY LAW, OF THE COMPANY FOR CLAIMS RESULTING FROM YOUR USE AND/ OR ACCESS TO THE COMPANY’S SITE, APP OR SERVICES – WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, OR TORT.
These limitations and exclusions apply even if Your remedies do not fully compensate You for any losses or if Finturf or its affiliates and partners, knew or should have known about the possibility of damages.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. UNLESS YOU (1) ARE SUBJECT TO THE PROTECTIONS OF THE MILITARY LENDING ACT OR (2) OPT OUT IN ACCORDANCE WITH THE PROCEDURES DESCRIBED BELOW, IT WILL HAVE A SUBSTANTIAL EFFECT ON EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE (DEFINED BELOW) BETWEEN THE PARTIES. This Mandatory Arbitration of Disputes section applies to general disputes between You and Finturf.
To expedite resolution and the cost of any dispute, controversy or claim between You and us related to any dispute or controversy arising from or relating to Your use or inability to use the Finturf Site or App, and generally with respect to Finturf, these Terms or the enforcement of any provision of these Terms (a “Dispute”), You and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is Your most recent address provided to us in connection with Your Account, or an email to the email address You have provided in Your Account. Our address for such notices is: Finturf, 550 North Brand Blvd., 20th Floor, Glendale, CA 91203, Attn: Legal, or by email to complaints@finturf.com. Any Notice from You must include Your name, pertinent Account information, a brief description of the Dispute, and Your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent Account information, a brief description of the Dispute, and our contact information, so that You may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE PARTIES AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and Your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing and need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, You and we may litigate in court to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In addition, either party may assert claims, if they qualify, in small claims court in the state of Delaware or any United States county where You live or work.
The parties agree that any arbitration will be limited to the Dispute between us and You individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
Arbitration will take place in Los Angeles County, California. The parties agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction and the parties agree to submit to the venue the personal jurisdiction of such courts. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Arbitration Provision. If the value of the relief You are seeking is $10,000 or less, the other party will pay or reimburse Your filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by the other party should be submitted by mail to the AAA along with Your Demand for Arbitration and the other party will plan to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous, You agree to reimburse the other party for all fees associated with the arbitration that the other party paid on Your behalf that You otherwise would be obligated to pay under the AAA’s rules.
You may opt out of the foregoing arbitration clause and class action/jury trial waiver provision of this Agreement by notifying us in writing within 30-days of the date You first became subject to these terms. To opt out, You must send a written notification to us at privacy@finturf.com, Attn: Legal, that includes (i) your Finturf Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that You do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
This Mandatory Arbitration of Disputes section will survive the termination of any agreement You have with Finturf and any bankruptcy. In the event of any conflict or inconsistency between this provision and the administrator’s rules or the Terms of other agreement You have with Finturf, this provision will govern.
If there is an Arbitration Provision in place (a “Prior Arbitration Provision”) governing a prior agreement between You and Finturf (a “Prior Agreement”) and You do not reject this Arbitration Provision, claims arising out of the Prior Agreement will be governed by this Arbitration Provision rather than the Prior Arbitration Provision. If You reject this Arbitration Provision, such claims will be governed by the Prior Arbitration Provision.
IF A DISPUTE OR CLAIM IS ARBITRATED, THE PARTIES WAIVE THEIR RIGHT TO RESOLVE THE DISPUTE OR CLAIM IN COURT BEFORE A JUDGE OR A JURY. IF FOR ANY REASON A DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, ANY OTHER AGREEMENT YOU HAVE WITH FINTURF OR THE RELATIONSHIP BETWEEN YOU AND THE OTHER PARTY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE OTHER PARTY EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE OTHER PARTY AGREE OTHERWISE IN WRITING, 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, OR CLASS PROCEEDING. 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 CLAMS). ANY RELIEF AWARDED CANNOT AFFECT OTHER FINTURF USERS.
By using the Finturf Site, App, and its Services, You consent and agree that: (i) You are providing Your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent is that the statute applies to the fullest extent possible; and (ii)You will access and retain any Communication received from us.
You understand and acknowledge that, in order to access and retain Communications, You will need the following:
By submitting Your information on this Site or the App, You are providing Your express written consent under the Telephone Consumer Protection Act to receive recurring communications from Finturf, its lenders, and marketing partners, including live, autodialed and prerecorded text messages (SMS), emails, and calls regarding your request even if your number is on the state/federal Do-Not-Call list. Your provider's standard message and data rates may apply and your consent is not required as a condition of using Finturf’s Services. You may opt-out by following the opt-out instructions provided in a SMS/text message (i.e. sending "STOP” to stop and “HELP” for help). If You do not want to receive future communications or if You no longer want to receive our Service, please email us at: privacy@finturf.com or write to us at: 550 North Brand Blvd., 20th Floor, Glendale, CA 91203.
It is Your responsibility to ensure that Finturf has Your updated email address, so that we can communicate with You electronically. If You need to update Your primary email address or any other personal information of Yours, please edit this information on Your Account or email us with the updated information. If we send You an electronic Communication that You do not receive due to an outdated email address, we will maintain the position that the Communication was provided to You.
Finturf, LLC.
550 North Brand Blvd. 20th Floor
Glendale, CA 91203