FYNN, INC. WEBSITE TERMS OF USE
Welcome to
Fynns Website (www.fynncredit.com) (the
Site). Please read these Terms of Use carefully and print a copy and/or
retain this information electronically for future reference. By accessing this Site, you agree to be bound
by these Terms of Use. If you do not
agree to these Terms of Use, do not access this Site (www.fynncredit.com).
If you obtain
a loan from us, the loan and our relationship with you
will be governed by the Credit Agreement, which you should read carefully. If there is any inconsistency between the
Credit Agreement and these Terms of Use, the Credit Agreement governs. THE CREDIT AGREEMENT CONTAINS A BINDING
ARBITRATION CLAUSE AND JURY TRIAL WAIVER WHICH INCLUDES A WAIVER OF YOUR RIGHT
TO BRING A CLASS ACTION.
SITE CONTENT
Fynn, Inc.
(Fynn) operates this Site to provide general financial information and
information about Fynn, and to facilitate the services provided by Fynn. As used throughout the Terms of Use, the term
Services shall mean the online loan products offered by Fynn, the Site, and
any other features, downloads, content, and other services that may be
available through the Site. Fynn offers
its Services directly to borrowers through desktop or mobile devices through
this Site.
We make no
representation that materials on this Site are appropriate or available for use
in other locations. Fynns Services may not be available to residents of all
states.
Your use of
the Site warrants that you will not use it for any purpose that is unlawful or
prohibited by these Terms of Use.
Although Fynn attempts to ensure the accuracy and integrity of the
information on the Site, it makes no representations, warranties, or guarantees
as to the accuracy of the Site and its content.
TERMS AND
CONDITIONS FOR THE USE OF THIS SITE
The Terms of
Use describe the terms and conditions of use of this Site by you, the website
viewer, and your rights and responsibilities as a user.
We have the
right to revise the Terms of Use without notice to you, and
advise all users of the Site to visit this page frequently to review them.
We encourage
you to review our Privacy Policy (https://fynncredit.com/privacy), as your
agreement to the Terms of Use includes agreement to our Privacy Policy. If you have any questions about our Privacy
Policy, feel free to email us at [email protected]. Any conflict arising between our Terms of Use
and our Privacy Policy shall be resolved by the Privacy Policy.
PERMISSIONS
AND RESTRICTIONS FOR USE OF THIS SITE
Fynn hereby
grants to you a limited, non-exclusive, non-transferable right to access this
Site. In compliance with the Childrens Online Privacy Protection Act
(COPPA), Fynn does not knowingly collect or retain personally identifiable
information (PII) from users under the age of thirteen (13). This Site and
our Services are for users over the age of eighteen (18), subject to compliance
with the Terms of Use and in accordance with applicable federal and state laws.
This Site is intended for use within the United States.
The contents
of this Site, including without limitation, text, design, graphics, images, and
other content (collectively, the Content) are owned by or licensed to Fynn,
its third-party vendors, and/or other third parties. The Content is protected
under copyright law. Your use of this Site provides limited access to view,
download, and print the Content, solely in conjunction with your permitted use.
No portion of this Site should otherwise be reproduced, stored, or transmitted
by any means for any purpose.
Such
unauthorized use will constitute a violation of copyright, trademark, and other
laws. Any copies of copyrighted or trademarked
materials, or names obtained from this Site, should retain all copyright and
proprietary notices and should not be used without
permission. Use of any Content on this
Site does not grant ownership rights to such Content or to this Site. You may not sell or modify Content or display
Content for public or commercial use.
Unauthorized
access to this Site and its Content via hacking is prohibited. Additionally, restrictions to use of this
Site include accessing or tampering with non-public areas of this Site or our
systems, or the delivery of our systems or Services. You may not interfere with the access of any
Site user, host, or network related to this Site or the Services (e.g., sending
viruses, overloading, flooding, spamming, mail-bombing) or attempt to tamper or
change any Site-related software. Any
use of this Site or its Content not expressly permitted within the Terms of Use
is a breach of the Terms of Use and may violate applicable federal and state
laws.
LINKS AND
THIRD PARTIES
Our Site may
contain links to websites owned by third parties. Such sites are provided solely as resources
and as a convenience to our users. These
links, and any associated content, are not intended to be an endorsement,
recommendation, or referral for any website or third party, and we are not responsible nor do we make representation for any content,
information, security practices, or privacy policies for these websites and/or
third parties. If you, as a user of our
Site, decide to access any third-party website using links from our Site, you
do so at your own risk. Site users are
expected to independently assess whether information and resources from any
website, including ours, will meet their needs.
If you are
directed to this Site from a non-affiliated third-party, you acknowledge that
Fynn does not make any representations or warranties regarding any
non-affiliated third-party, the content of their site, or any acknowledgements
you make by using a non-affiliated third partys site.
PERMISSION TO
GATHER AND VERIFY DATA
Fynn does not
collect and store PII from Site users; any PII collected and received from you
through your loan application for our Services is submitted voluntarily by
you. You grant us a license to use the
information you provide to us. Fynn is
committed to the protection and security of information we collect from you and
your PII that you provide us or that we obtain about you from third parties
with your consent. Fynn has implemented
administrative, technical, and physical safeguards to protect and secure your
PII. More information regarding PII and
its use on our Site and in our Services can be found in our Privacy Policy (www.fynncredit.com/privacy).
You agree not
to provide any user information that: (a) is false, inaccurate, defamatory,
abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent,
pornographic, or harmful, or that could encourage criminal or unethical
behavior; (b) violates or infringes the privacy, copyright, trademark, trade
dress, trade secrets, or intellectual property rights of any person or entity;
or (c) contains or transmits a virus or any other harmful component.
Fynn collects
information from Site users, such as your browser type, operating system,
access times, and pages viewed.
Information is also collected regarding the device used to access the
website, such as a mobile device ID, model, manufacturer, and IP address of the
mobile device. None of this information
is PII, and the information is collected primarily to maintain the security and
operation of the services offered by Fynn.
LIMITATIONS
ON LIABILITY
FYNN SHALL
NOT BE LIABLE TO ANY USER OF THIS SITE FOR ANY DAMAGES WHATSOEVER RESULTING
FROM YOUR USE OR INABILITY TO USE THIS SITE, ITS MATERIAL, OR ANY THIRD PARTY
WEBSITES LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR
LOSS OF PROGRAMS OR OTHER DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
You agree
that your sole remedy to any problem with this Site, including errors from and
inaccuracies within, is to cease using this Site and the Services offered. Fynn and any third party who promotes the
Services or provides you with a link to this Site, shall not be liable for your
use of this Site, including, but not limited to, any errors or omissions in any
content, any infringement by any content of the intellectual property rights or
other rights of third party, or for any loss or damage of any kind incurred as a result of its use.
DISCLAIMER OF
WARRANTIES
THE SITE AND
ITS CONTENT ARE PROVIDED AS-IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, THE WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND SYSTEM
INTEGRATION. IN ADDITION, WE MAKE NO
WARRANTY THAT THE SITE AND ITS SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL
TECHNOLOGIES.
Fynn makes
every effort to ensure that the information contained in our correspondence,
reports, on the website, and given verbally by our directors, officers, and
staff is accurate to the best of our belief at the time the information is
provided, but we cannot guarantee the accuracy of all such information in all
circumstances and contexts. You must
check all correspondence between us, and promptly notify Fynn if something
appears to be wrong or not made in accordance with your instructions.
You acknowledge
that from time to time you may not be able to access this Site, including
without limitation when the Site is unavailable to allow for repairs,
maintenance, or the introduction of new facilities or services.
You
acknowledge and agree that Fynn using the Site to provide its Services allows
it to have complete authority, responsibility, supervision, and control over
the provision of all such Services it offers.
INDEMNIFICATION
You agree to
indemnify and hold harmless Fynn, its affiliates, owners, directors, officers,
employees, agents, representatives and third parties, from and against any
losses, costs, liabilities and expenses (including reasonable attorneys fees
and costs) relating to or arising out of your use of or inability to use the
Site, any user postings or transmissions, your violation of any of these Terms
of Use or your violation of any rights of a third party, or your violation of
any applicable laws, rules or regulations.
You further agree that you will cooperate fully in the defense of any
such claims. Fynn reserves the right, at
its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate in asserting any available defenses.
WAIVER AND
SEVERABILITY
Any failure
by Fynn to enforce any right or provision of the Terms of Use shall not
constitute a waiver of such rights or provisions. Should any competent court or arbitrator find
any provision herein as invalid or unenforceable, that provision will be
enforced to the maximum extent permissible and any and all
other provisions of the Terms of Use will remain in full force and effect.
These Terms
of Use supersede any previous Terms of Use to which you and Fynn may have been
bound.
JURISDICTION
AND CHOICE OF LAW
YOU AGREE
THAT THE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF
CONFLICTS OF LAW. You agree and
understand that any loan agreement offered by Fynn becomes a binding contract
with us only when we accept it and fund the loan.
Neither this
Jurisdiction and Choice of Law provision nor any other provision of these Terms
of Use shall be construed to waive any your rights under U.S. federal law or
shall prevent you from bringing any individual claim against us under U.S.
federal law, subject to the arbitration provision in the Credit Agreement.
Fynn, Inc.
All Rights Reserved.