1.1. The Parties to this Agreement.
These Terms of Service describe a contractual relationship (“Agreement”) between you (“you” or “your”) and Flexible Finance Inc. (including its subsidiaries, affiliates, agents, and assigns) (“Flex,” “we,” “us,” “our”), regarding your use of this website (“Website”), your use of the “Flexible Rent” service as described below in Section 2.1, your use of “Additional Tools” as described below in Section 2.2, your use of any other service(s) offered through the Website, and your access to your Flex account information and service through the Website (collectively, the “Flex Service(s)” or “Service(s)”).
1.2. Changes to this Agreement.
Flex may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE FLEX SERVICES AFTER CHANGES HAVE BEEN POSTED. If Flex makes any changes to this Agreement that it deems to be material, Flex will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
1.3. Your Eligibility.
To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or if you’re a ward of the state in Nebraska) and a resident of the United States or its territories. You represent and warrant that you are eligible to use the Services.
2.1. The “Flexible Rent” Service.
2.1.1. Description: “Flexible Rent” (or “FR”) is a service that enables you to pay your rent through a line of credit. FR is part of Flex’s Membership Services (or “FMS”), which provide additional value-added services to users for a subscription fee (the Flex Membership Fee). You may request to use FR without enrolling in FMS. To do so, you must be a resident of a landlord with whom Flex has partnered with. You must also:
1) Have an account in your name, at a United States-based bank or credit union. If you have a joint account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into these Basic Terms independently.
2) Have a current source of income that is regularly deposited into this account.
To request use of FR without enrolling in FMS, you may write a request to Flexible Finance, Inc. ATTN: FR Request P.O. Box 20462 New York, NY, 10001.
The request must include your first and last name, your phone name and email address, your bank account number and routing number, and a copy of your lease with your current landlord with whom Flex is partnered. Failure to provide the above information may make it impossible for Flex to let you use FR. Any FR you use will be recouped by Flex directly from your bank account on your scheduled pay period. We do not charge interest for this FR.
2.1.2. Your Promise to Pay: Before completing any transaction on your behalf through any Flex Services, Flex will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the Total Payments amount to Flex or its assigns, by asking you to click the button to confirm agreement.
2.1.3. Interest Rates: “Flexible Rent” is a 0% interest line of credit.
2.1.4. Finance Charge: The “Flexible Rent” service does not have any finance charges.
2.1.5. First Payment: Your first payment will be due based on your individual schedule agreed upon during the onboarding process.
2.1.6. Late Payment Fee: You will never be charged any late fees for using “Flexible Rent.”
2.1.7. Payment Allocation: Payments that you make will be applied first to accrued unpaid interest then to the unpaid principal balance. For advances that are delinquent, your payment will be applied first to past due amounts, then to your current monthly payment.
2.1.8. Partial Prepayments: Payments in excess of your currently scheduled payment will be applied to your unpaid principal balance and will not be used toward your next scheduled payment. Thus, your scheduled payment amounts will remain the same except for your final payment.
2.1.9. No Prepayment Penalty: You may prepay your advance in full at any time without penalty.
2.1.10. Prepayment Refund: You are entitled to a refund of any amounts you pay in excess of the remaining principal balance and accrued interest as of the date of prepayment. We, however, may set off any amounts you are entitled to against any amounts you owe on any other “Flexible Rent” line of credit or owe us otherwise. In lieu of a prepayment refund, you may satisfy your repayment obligation under the “Flexible Rent” service on any date prior to the date of the final payment by paying Flex an amount equal to the unpaid balance, less the required rebate as of the date of such a payment.
2.1.11. Delays in Processing: In some cases when you attempt to use “Flexible Rent” to pay your rent, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Flex or the payment processor and can be cancelled at any time until it is confirmed by Flex.
2.2 Additional Tools.
2.2.1. Tools We May Offer: We may from time to time offer you the ability to access certain financial management tools. Examples of such tools include financial calculators, customized financial analyses, bill payment reminders, dashboards with information about your debts (including debts you may owe others) and/or assets, and other similar services. Unless we indicate otherwise, these tools will be provided free of charge and are provided exclusively for personal use.
2.2.2. Limitations on Tools: You agree that we may modify the tools or cease making them available to you at any time without notice. We have no obligation to continue to make any particular tool available to you or to do so without charge. If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us. To the extent that the tools present information regarding financial accounts you may have with other lenders or financial institutions, you understand that the information may not be up to date. Before acting on any such information, you should confirm its accuracy with the lender or financial institution holding the account. There may be times when a tool we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the tools generally. You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality. You understand that some tools or some tool functionality may only be available to consumers who have relationships with certain lenders, service providers or financial institutions or who have certain financial products. If you do not have such relationships or products, you understand that you may not be eligible to use a tool or all of its functionality. You agree that we may use information we gather through the tools to market other products and/or services to you, including those of third parties.
2.2.4. Tools are Provided for Informational Purposes Only: Financial information provided through the tools is provided for informational purposes only and not a substitute for individualized professional advice. We are not a credit repair or credit services organization as defined under federal or state law, including any credit repair or credit services organization acts. We do not provide “credit services” or “credit repair” services. We do not advise or assist you with “rebuilding” or “improving” your credit. We make no representation that we will improve or attempt to improve your credit record, history or rating. The tools are not intended to provide financial, legal or tax advice, and we are not a financial planner, broker or tax adviser. The tools are intended only to provide general assistance in organizing your finances. Before making any financial decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
2.2.5. Accuracy, Reliability and Timeliness of Information: YOUR USE OF THE TOOLS IS AT YOUR SOLE RISK. INFORMATION PROVIDED THROUGH THE TOOLS IS ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO WARRANTY THAT THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR RELIABLE.
2.3. Cancelling Payments.
Flex may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to, your creditworthiness, your history of transactions on our site, the landlord’s account history or any other reason.
2.4. Collecting Information About You.
2.5. Credit Report Authorization and Reporting.
You expressly authorize Flexible Finance, Inc. to obtain consumer reports from consumer reporting agencies about you (1) when you apply for a line of credit, (2) periodically throughout the term of your credit line and (3) periodically in connection with any other services you may obtain from us (including services involving financial management or credit profile tools we may offer). You expressly authorize us to use the information that we obtain from such reports to, among other things, market refinancings and Flex’s current and future products and services to you (both during and after the term of your credit line and the term of any other services you may obtain from us), provide you with other services (including financial management tools and credit profile tools) you may request, make decisions related to the servicing and collection of your account, measure how the credit line you obtained from us impacts your credit, perform other statistical analysis, and share information with you about your credit profile.
You understand that Flex may report information about your credit line (such as on-time, late, and missed payments; any defaults; and the fact you paid off your credit line) to credit reporting agencies.
2.6. Obtaining Information from Your Landlord.
You expressly authorize Flexible Finance, Inc. to obtain your information from your landlord. This information can include, but is not limited to, (1) rent payment history (2) failed payments (3) outstanding rent balance (4) credit score (5) personal information. This information may be used to verify your identity as well as whether you are approved for the Flex Services.
You agree to allow Flex to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Flex E-Sign Consent, you agree that payment reminders may take the form of any available communication.
2.8. Communication & Notification.
You agree that Flex may provide you communications about your account and the Flex Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Flex reserves the right to close or limit access to your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Flex Service relies (e.g., Plaid, etc.) or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.
If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:
– a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
– any email address you provide to us or one of our merchants,
– automated dialer systems and automatic telephone dialing systems,
– pre-recorded or artificial voice messages and other forms of communications.
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
You understand and agree that Flex may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Flex or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Flex may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Flex, and Flex does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Notwithstanding this provision, Flex’s delivery of any Disclosures governed by the Flex E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
2.9. Working with Third Parties.
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party’s product or service or through your Flex account, you acknowledge that Flex may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Flex responsible for, and will indemnify Flex from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
3.1. Agreement to Provide Accurate Information.
When you provide information to Flex or in connection with the Flex Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
3.2. User Responsible for Fees.
If you use the Flex Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
3.3. Repayment Methods.
You may use one of the acceptable methods of payment to make one-time transactions to pay your account as payments become due or you may set up automatic monthly account payments.
Currently acceptable methods of payment are:
– Debit Card – Payments made by debit card will be subject to the terms and conditions established by the debit card issuer. If charges cannot be processed through your debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, you will be responsible for any fees incurred and Flex will have no liability with respect thereto.
– ACH Transfer – You may pay your account balance by authorizing an Automated Clearing House (ACH) transaction from your bank account.
Check – You may pay your account balance by writing a check payable to the order of: Flexible Finance, Inc.
Please send all checks to: Flexible Finance, Inc., P.O. Box 20462, New York, NY 10001.
3.4. Access to Your Account.
You are responsible for maintaining the secrecy of the login credentials to your Flex account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Flex account and to any third party account you have used to login to your Flex account. You are also responsible for maintaining the accuracy of the information in your Flex account.
3.5. Website Content.
The information on the Flex website is for information purposes only. It is believed to be reliable, but Flex does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice.
Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
– servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
– software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
– overload of system capacities;
– damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
– interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
– governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
– any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Flex.
3.6. Links to Other Websites.
Links to non-Flex websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Flex has no control over the content on such non-Flex websites. Flex makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Flex warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Flex, you must do so at your own risk. Flex does not guarantee the authenticity of documents on the Internet. Links to non-Flex websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
3.7. Closing Your Account.
3.8. Dormant Accounts.
Flex may close your account if you do not log in to your account or use the Flex Services for two or more years. Flex will retain your information in accordance with Section 3.7 above.
3.9. Feedback You Provide.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
By using the Flex Services, you agree that:
1) You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with Flex;
2) You will not provide false, inaccurate or misleading information;
3) You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person;
4) You will not use the Services to purchase:
– Illegal items or conduct any illegal activities or transactions;
– Ammunition, firearms, certain firearm parts or accessories, and certain weapons or knives regulated under applicable law;
– Narcotics, steroids, controlled substances, quasi-pharmaceuticals, or drug paraphernalia;
– Currency in any form, including virtual and digital currency;
– Stolen goods, including but not limited to, digital or virtual goods; or
– a good or service deemed unacceptable by Flex or its bank partner(s), in their sole discretion;
5) You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the – Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
6) You will not use the Services to make payment(s) on an existing Flex line(s) of credit. Unless otherwise expressly permitted by Flex, you will not use the Services for the purpose of payment for an existing loan(s) from another institution;
7) You will not use the Services to accomplish a wire or money transfer;
8) You will not commit unauthorized use of Flex’s Website and systems including but not limited to unauthorized entry into Flex’s systems, misuse of passwords, or misuse of any information posted to a site; and
9) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
5.1. Disputes with Flex.
If a dispute arises between you and Flex, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Flex at firstname.lastname@example.org to try resolving your problem directly with us.
5.2. Mandatory Arbitration.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE FLEX SERVICE OR THE WEBSITE. Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Flex Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Flex shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the “Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall 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, Flex will pay all arbitration fees and expenses.
The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Flex each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Flex and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our “Affiliates”).
Except as explicitly provided elsewhere in this Agreement, all claims you bring against Flex must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Flex may recover from you attorneys’ fees and costs up to $1,500 per claim, provided that Flex first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
You and Flex agree that any arbitration shall be limited to the dispute between Flex and you individually. To the fullest 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.
5.4. Exceptions to Informal Negotiations and Arbitration.
You and Flex agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Flex’s intellectual property rights; and (2) any claim for injunctive relief.
Flex operates and controls the Services from its offices in the United States. Flex makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Flex to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Service are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Flex or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Flex) in full. The privileges granted to you under these Terms of Service will terminate immediately and automatically without notice from Flex if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service. You may not assign these Terms of Service without Flex’s prior written consent, but Flex may assign these Terms of Service and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Flex’s request, you will furnish Flex any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Flex by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
6.2. Enforceability and Governing Law.
The failure of Flex to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Flex with regard to your use of the Flex Services and any previous Terms of Service that may exist between you and Flex is hereby superseded. These Terms of Service cannot be changed or modified by you except as posted on the Services by Flex. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.
6.3. Intellectual Property.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Flex or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
“Flex” is the marketing name for certain financial services activities of Flex as operator of the Services. “Flex” is a trademark of Flex. Other featured words or symbols may be the trademarks of their respective owners.
You agree to indemnify, defend and hold Flex and its Affiliates harmless from any liability, including reasonable attorneys’ fees, related to your use of the Services or any violation of these Terms of Service.
6.6. DISCLAIMER OF WARRANTY.
FLEX AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. FLEX AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FLEX AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
6.7. LIMITATION OF LIABILITY.
FLEX AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FLEX AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE FLEX AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER FLEX NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
6.8. Statute of Limitations.
6.9. No Third-Party Beneficiaries.
This Agreement is between you and Flex. No user has any rights to force Flex to enforce any rights it may have against you or any other user.
6.10. Government Use.
If you are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
6.11. Covered Borrowers under the Military Lending Act.
Notwithstanding any other provision of this Agreement, Sections 5.2, 5.3, 6.7, and 6.8, and the waiver of defenses provision of Section 6.1 shall not apply to a “covered borrower” under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
6.12. Electronic Fund Transfer Disclosure Statement.
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
This E-Sign Consent constitutes your consent to receive disclosures and other information in electronic form. In connection with the Flex Services, Flex is required by law to provide you with certain disclosures. Without your consent, Flex is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should not use the Flex Services.
1. Consumer Consent.
Before using the Flex Services, you will be asked to consent to the Flex Terms of Service by clicking “Create Account.” This action constitutes your electronic signature and manifests your consent and agreement to the following terms:
1) Flex may provide disclosures required by law relating to the Flex Services and any other information about your legal rights and duties and your account to you electronically.
2) Flex may send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, “Disclosures”) to you electronically via our website or to the email address or mobile telephone number that you have provided to us, either directly or indirectly.
3) Flex may notify you via email when the Disclosures are available. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever we send you an email or text message regarding the Disclosures, that email or text message will contain instructions regarding how to view the Disclosures.
4) Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
5) This consent applies to any transaction undertaken through the Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
2. Minimum Requirements.
You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
3. Withdrawing Consent.
You are free to withdraw your consent at any time. If at any time you wish to withdraw your consent, you can send us your request by submitting a request through the ‘contact us’ link at www.getflex.com, emailing email@example.com or writing to us at Flexible Finance, Inc., 246 5th Ave, New York, NY 10001. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and Flex may close or limit access to your account. You agree to pay any amount owed to Flex even if you withdraw your consent and we close or limit access to your account.
4. Legal Effect.
Your consent to this E-Sign Consent means that Disclosures Flex provide to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if Flex had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures.
You agree that Flex may modify or change the methods of disclosure described herein, and that Flex may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, email firstname.lastname@example.org.
You also agree that Flex is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by F’ex’s failure to send such a notice to the phone number or email address you have provided for that purpose.
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