TERMS OF SERVICE

Last Updated: March 5, 2020

Please read these Terms of Service carefully before using the Service. Along with these Terms, please also read our Privacy Policy and refer to it before you submit any personal information through the Site. The Privacy Policy is hereby incorporated and made part of these Terms.YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICE. BY USING THE SITE AND/OR ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR STATE, AND YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS. BY USING THE SITE AND/OR ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SERVICE.

Purpose

Curu offers its users a variety of services aimed to improve financial wellness and product eligibility through relevant content and active financial management. We can act as a financial wellness tool to help you better understand and manage your finances. We can host and present any relevant financial literacy material, such as quizzes and articles. Along with that, we can analyze your credit spending, debit balances, income level and other factors to help you identify the best actions to take to help you become eligible for your financial goals.

Use of the Site

Visitors to the Site may browse the Site in accordance with these Terms, but will not have full access to the Service without first signing-up and creating an “Account” with Curu. When you set up your Account, you are required to complete a personal profile, which may include, but is not limited to, information such as your full name, address, phone number and email address. You are also required to set a password to access the Service. You are responsible for providing complete and accurate information and for keeping your Account information current. Curu has sole authority and discretion to permit you to access the Site.You are solely responsible for any and all use of your Account and all activities that occur under or in connection with your Account and are responsible for maintaining the confidentiality of your Account. Please notify us immediately if you become aware of any unauthorized use of your Account.

Restrictions on Use

Your use of the Site and/or the Services is subject to all applicable laws and regulations, which may vary depending on your jurisdiction of residence and from where you access the Site. The Site and/or the Services may be used only for your personal or information purposes of a non-commercial nature. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or Services or any content, information, software, products or services obtained from or through the Site without prior written permission. You may not (a) engage in harvesting of email addresses or other personal information, unsolicited emailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, (b) send chain letters or pyramid schemes on or through the Site; (c) decompile, disassemble or reverse engineer the Site or Services or any portion thereof, or (d) attempt to gain unauthorized access to any portion of the Site or any other computer systems or social media or mobile platforms on or through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on or through the Site. Use of the Site as made available through a third-party social media platform such as Twitter or Facebook is also subject to that platform’s applicable terms and conditions.

Intellectual Property

All the text, content, graphics, interfaces, code and materials on the Site, including, but not limited to, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, is intellectual property protected by copyright, trademark or other proprietary rights of Curu or is licensors or designees, which rights may or may not be registered in certain jurisdictions. Your access and use of the Site does not grant to you ownership of any of the foregoing. You acknowledge and agree that Curu reserves and retains, for itself and its designated third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Site. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Curu. The collective work includes works that are licensed to Curu.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Terms of Service agreement. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Curu. Curu has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We strongly advise that you read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

General Release and Indemnification

You acknowledge and agree that Curu shall not be responsible or liable, either directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of, or reliance on, any such content, goods or services available on or through the Site. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Curu and its officers, directors, employees and agents (collectively, the “Protected Entities”) from and against any and all claims, damages, obligations, losses, liabilities, demands, actions, suits, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees) in connection with your use of and access to the Site and/or Services or services obtained through your use of the Site and/or Services; your violation of any term of these Terms; or any violation or alleged violation of applicable law or a third party’s rights, in each case by use or under your user name by any person or entity, whether or not authorized by you.

Disclaimers

CURU MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CREDIT ESTIMATE CONTAINS ACCURATE OR COMPLETE INFORMATION, OR THAN ANY RELATED RECOMMENDATIONS WILL RAISE OR OTHERWISE IMPACT YOUR CREDIT SCORE, ESTABLISH OR REBUILD GOOD CREDIT, IMPROVE YOUR CREDIT RECORD, ELIGIBILITY, CREDIT HISTORY OR CREDIT RATING.  ALTHOUGH WE STRIVE TO PROVIDE INFORMATION THAT YOU MAY FIND HELPFUL, THIS INFORMATION SHOULD NOT BE CONSIDERED CREDIT OR LEGAL ADVICE. YOU SHOULD NOT USE THE INFORMATION PROVIDED BY THE SERVICE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO THE SITE, SERVICES OR ANY CONTENT WILL BE SECURE, UN-INTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE.

Limitation of Liability

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10. TO THE EXTENT THAT ANY OF THE LIMITATIONS OR EXCLUSIONS SET FORTH ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF THE PROTECTED ENTITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND CURU RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND CURU WOULD NOT PROVIDE THE SITE, THE SERVICES OR ANY CONTENT TO YOU WITHOUT THIS LIMITATION.

Governing Law

These Terms and the relationship between you and Curu shall be governed and construed in accordance with the laws of the State of Delaware and the United States, without regard to conflict of law provisions. By using this Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred.

Miscellaneous

We reserve the right to modify the Site and/or the Services at any time without your notice. If you object to any changes to the Site or Services, your sole recourse will be to stop using them. These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Curu without restriction. Curu’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior or contemporaneous agreements we might have between us regarding the Service. Neither the course of conduct between use nor trade practice will act to modify any of these Terms.

Jurisdictional Issues

The Site is controlled and operated in the United States of America and Canada. The Site may not be available to users outside the United States and Canada. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside the United State and Canada do so on their own initiative and are responsible for compliance with all applicable local laws. You may not use or export the materials in violation of the United States or Canada, or any other jurisdiction’s, export, re-export or import laws or regulations.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms will become effective upon posting of the revised terms. By continuing to use the Site or to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please immediately cease using the Site and our Service.

Contact Us

If you have any questions about these Terms, please contact us at support@curucredit.com.