You acknowledge that each time You use our Service, You agree to the then current version of these Terms. 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. Please review the Terms regularly.
Finturf provides services that allow merchants to offer consumers the ability to pay for goods and services. Finturf is a software company that seeks to connect You with a lender to finance Your purchase with a merchant. These Terms explain in more detail how Finturf creates a smooth experience for the consumer. Additional or different terms may apply to a specific financing or interest-free installment product offered through a lender within our network. Finturf is not a lender and does not broker loans. The information You provide to Finturf on its Site or App, will be shared with lenders and partners within our network.
If You choose to download the Finturf App, Finturf grants You a limited, non-transferable, revocable license to use the object code of such software within the App on any mobile device that You own or control that such App is authorized to be operated on as determined by Finturf in its sole discretion. Finturf authorizes You to use the App for personal and non-commercial use only, as permitted by law. The App is licensed, and not sold, to you for use strictly under these Terms. Finturf reserves all rights, title, and interest not expressly granted to You. Nothing herein allows You to use the App on a device that You do not own or are not authorized to control.
Finturf strictly prohibits all other uses, including but not limited to the duplication, copy, reproduction, sale, resale, use, access, or additional exploitation of any material from this App for any commercial or non-commercial purposes.
Finturf’s App is Your point-of-sale financing solution. It is Your hub for all Your loans from lenders within our platform and for all other features that Finturf offers. Finturf updates the Finturf App continuously and regularly with new and improved features.
Information that is asked when You create Your account:
Under no circumstances will we 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.
As a Finturf App user You may, at Your own discretion, upload, publish and share Your content, such as collections, images, and nickname. You acknowledge that by sharing content You make it publicly available and means that information about You becomes available to others and may be used and shared further by other individuals.
You may only upload, publish or share content which You have the right to use, upload, publish or share, and which do not violate law, this Agreement or third-party rights.
You agree to not upload, publish or share content which is unlawful, fraudulent, abusive, threatening, violate the rights of others, offensive or criminal (such as agitation against ethnical groups, child pornography or unlawful depictions of violence) or; transmitting content that contains viruses, Trojan horses, spyware, adware, malware, or other harmful or damaging programming; distributing unsolicited advertising (spam) or any other form of harassment.
Finturf reserves the right, without obligation, to monitor, review, adjust, inactivate, or remove content, without notifying You or a third party, in our sole discretion.
You are solely responsible for Your upload, publication and sharing of content, and agree to indemnify and hold Finturf harmless from damages, loss or costs incurred by Your upload, publication or sharing of content, including in connection to third party claims against Finturf.
Some third-party lenders in our multi-lender network may conduct credit checks with credit reporting bureaus or obtain consumer reports through alternative providers to determine Your eligibility for a loan. By submitting Your information through this Site or App, You agree to allow Finturf, and its lender partners to verify Your information and check Your credit. You agree that Finturf and/or lenders within its network may use such consumer reports and other information to determine Your eligibility for this and other payment options, and for the maintenance and collection of Your account with us. We will only obtain consumer reports that do not impact Your credit score and do not leave a hard inquiry on Your credit report. Consumer reports or credit checks may be made by the lender through Equifax, Experian, TransUnion, or alternative providers. You are not obligated to contract with any third-party lender or service provider.
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 telemarketing calls, text messages, SMS messages, and other communications by telephone, auto-dialed or pre-recorded messages as governed by TCPA, from Finturf, its lenders, merchants, and marketers regardless of whether the number You provide is on the federal or any state Do-Not-Call list. Please note, your provider's standard message and data rates may apply to any SMS message, you may receive recurring messages, and your consent is not required as a condition of using Finturf’s Services. You may opt-out and remove your SMS information by following the opt-out instructions provided in a SMS/text message (i.e. sending "STOP” to stop and “HELP” for help). You may remove Your information from our database at any time. If You do not wish to receive future communications or if You no longer wish to receive our Service, please email us at: firstname.lastname@example.org or write to us at: 550 North Brand Blvd., 20th Floor, Glendale, CA 91203.
All content included in or made available through the Site and App (“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 Content. All logos, trademarks, and service marks whether registered or unregistered (referred to collectively as “Trademarks”) that are displayed on the Site and App are Trademarks of Finturf.
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 any and 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 goods or services available through the App at any time for any reason. 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.
You shall always provide correct information and use Your own and correct identity. 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 Services. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. Finturf reserves the right to discontinue Your use of the Serviceat any time for any reason.
If You upload, import, or share content to Finturf, like images, texts, receipts, information on goods, service or deliveries, or other content, You grant Finturf a royalty-free right to use and display the content for purposes of delivering the Finturf Service. We have the right to remove any content uploaded or shared by You if we are required by law, or believe it is offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable. You are liable for any content uploaded or shared by You. You acknowledge and agree that if You upload, import, or share content that is abusive, threatening, or offensive, or violates, or Finturf may reasonably assume to violate, law or Your agreement with Finturf, we may terminate or deactivate Your Account or use of the Finturf Site or App.
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:
To be eligible to use the Finturf Service, You must:
We may terminate Your use of the Site, App, or Services without notice if we believe You are not eligible to use the Finturf Site, App, or any of its Services. By using the Site or App, You represent and warrant that, You are a natural person, You are 18 or older, and that You agree to and will abide by these Terms.
Finturf is not in any way responsible for the goods or services You order or purchase from merchants, including, without limitation, the quality of such goods and services and how and whether such goods or services are delivered. Finturf does not provide any endorsements or guarantees for any goods or services offered for sale on third-party websites linked to the Finturf Services. Finturf does not warrant the accuracy or reliability of any information or marketing messages contained in the third-party websites linked to the Finturf Services. You must contact the merchant to resolve any issues You have with respect to the goods and services You ordered or purchased from the merchant, including, without limitation, any issues relating to shipping and delivery, product warranty, product return, and the terms of any agreements You entered with the merchant in connection with Your order or purchase.
You acknowledge and agree that any persons with saved biometric information on Your device will have authority to access Your accounts and will be authorized to initiate transactions through the Finturf App.
Finturf advises You to review and confirm that al registered biometric information belongs to individuals with authority to initiate transaction on accounts accessed through the Finturf App. By agreeing below, Finturf relies on Your representation that anyone with registered biometric information is authorized to view information and ransact on the accounts accessed through the Finturf App.
Finturf does not provide the Touch ID or Face ID technology and does not save or access Your biometric information.
We save information about Your loans in the Finturf App. As a part of the Service provided under these Terms, Finturf enables You to see information about Your loan transactions in the Finturf App. If You want to learn more about how Finturf uses this information, and other information we have about You, please see our Privacy Notice.
This Services provided by Finturf are free of charge. When You are connected to a lender within our network, You may be offered other products or services. Please note that interest and fees may apply if You enter a loan agreement with one of the lenders in our multi-lender network. Please contact your lender directly with questions about its fees.
This agreement continues for an indefinite period of time. It applies until it is terminated by You or us and can be terminated at any time. Please note that in case of a termination, the use of the Site or App or any Finturf Service, including any features provided in, or managed via, the Finturf App, will no longer be available to You.
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 REGARDING THIS APP 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 Finturf Site, App, or Services. Use of the Finturf 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 SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGE 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, TORT, OR OTHERWISE – IS LIMITED TO THE AMOUNT PAID TO THE COMPANY BY THE THIRD-PARTY LENDER WHO PURCHASED YOUR LOAN INQUIRY FORM INFORMATION.
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.
You may not transfer or assign any rights or obligations You have under these Terms. We may transfer or assign these Terms or any right or obligation under these Terms at any time without notice to You or without Your Consent.
These Terms are for Your and Finturf’s benefit. It is not for the benefit of any other person, except for Finturf’s parent and affiliates, which You agree are third-party beneficiaries, as well as Finturf’s successors and assigns.
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between You and Finturf, except as otherwise stated in these Terms. Subject to the Arbitration provision below, You and we may also litigate any dispute in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court and remains in that court. You may litigate in small claims court whether or not You negotiated with Finturf informally first.
550 North Brand Blvd. 20th Floor
Glendale, CA 91203
If You have a complaint towards Finturf, You can submit Your complaint to email@example.com.
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 firstname.lastname@example.org. 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, but 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 email@example.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.
The “Finturf” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are owned by Finturf, whether registered or unregistered. Finturf’s trademarks and trade dress 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 permission of Finturf in each instance.
By using the Finturf Site and App and/or seeking a loan issued by a lender within our network, You consent and agree that:
You understand and acknowledge that, in order to access and retain Communications, You will need the following:
If You would like to withdraw Your consent to receive Communications electronically, You may contact us in writing at: Finturf, 550 North Brand Blvd. Glendale CA 91203. If Your consent is withdrawn, You may be prohibited from obtaining a loan or using the Finturf Service. You may also unsubscribe from all Communications in the emails sent to You by Finturf. There is an Unsubscribe link at the bottom of the email. You may opt-out of all Communications by clicking on it.
It is Your responsibility to ensure that Finturf, the merchant, and the lender (for purchases made with financing) have Your current 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 user account or email us with the updated information if You do not have a user account. 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.