1. Welcome to the Salary Finance Website
Thank you for using [www.salaryfinance.com/us]. Please carefully read these terms and conditions (the “Terms”) as they apply to the World Wide Website owned, operated and controlled by Salary Finance Inc (“Salary Finance”), at [www.salaryfinance.com/us] (the “Website”). These Terms govern your use of the Website. By using the Website, you agree to agree to these Terms. If you do not agree to these Terms, do not use the Website. In these Terms, “we”, “us” and “our” means Salary Finance and “you” and “your” means the Website user.
2. USA PATRIOT Act Notification
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT — To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
3. About Salary Finance
Salary Finance is a corporation formed in the State of Delaware, and our principal office is located at 200 Portland Street, Boston, MA 02114.
5. Loan Products
The Salary Finance platform is a lending platform operated by Salary Finance. All loans originated on the Salary Finance platform are installment loans made by BofI Federal Bank (“BofI”), Member FDIC. BofI reserves the right to decline your application for a loan on our platform in their sole and absolute discretion.
The Website is intended solely for users who are eighteen (18) years of age or older. By using the Website, you represent and warrant that you are 18 years of age or older.
7. Salary Finance Account Registration
To use certain parts of the Website, you will be required to create a Salary Finance account. To create a Salary Finance account you will be required to provide your name, date of birth, mobile phone number and email address and create a password. Your employer must be registered as a participating employer. By creating a Salary Finance account, you agree that your employer may share information with us to allow us to validate certain information that you provided in your loan application and to manage loan repayments in the form of salary deductions or other elected repayment methods. Such information includes, without limitation, your:
- Payroll identification;
- Gross base salary or wage rate;
- Start date of employment;
- Date of birth;
- Employment status;
- The primary state in which you work; and
- Net pay for the previous pay period.
8. Accuracy of Information
When creating a Salary Finance account or applying for a loan on the Website, you agree to provide current, complete and accurate information about yourself. If any information you provide is untrue, inaccurate, not current or incomplete, we may deny your application and terminate your Salary Finance account.
Dwolla is a service that facilitates in the retrieval of your bank account information from your financial institution. The purposes may vary, but typically you are being asked to share your bank account data, including transaction history, to assist in the process of verifying your income.
The bank account and other information you may provide Dwolla is not an application for a loan or any similar concept. Dwolla does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender.
By using the service, you authorize Dwolla to allow its Clients to request you to log into your financial institution, through Dwolla Services. If you successfully log in, a report will be generated showing the current status of the accounts found at that institution, similar to your bank statement. Dwolla does not score the data or warrant that the data is complete, accurate or certified. Instead, Dwolla makes your bank account information, including bank transaction history, available to its Clients for their specific use. You will typically be asked to agree to their terms and conditions during this process.
You agree that certain factors outside of our control may affect the completeness of the information returned including the data returned by our service providers, our data providers and your financial institution. Similarly, Dwolla may request that you enter your bank account number and routing number (or equivalent). In doing so, you authorize Dwolla, our service providers, our data providers and Clients to retrieve all bank account information available at your financial institution using the log in credentials you provided. In some cases, you may provide a partial or incorrect account number and Dwolla will still be able to retrieve account information and transaction history. Dwolla may retrieve account details for multiple checking and/or savings accounts that have different account numbers (if they are available at your financial institution using the same credentials you provided). We encourage you to read their Terms of Service and understand how your data is being used and for what purposes by contacting them directly.
10. Closing Your Salary Finance Account
Once your loan has been repaid in full, you may close your Salary Finance account by notifying us via email at email@example.com. Following closure of your Salary Finance account, you will no longer be able to access your Salary Finance customer account portal.
When you visit the Website or send emails to us, you are communicating with us electronically. By accepting these Terms, you expressly consent to receive communications from us electronically to the extent permissible by law. Such electronic communications may include emails, messages posted to your Salary Finance customer account portal or other electronic communications. Your consent to receive electronic communications from us does not mean that we must provide all communications electronically. You further expressly consent to be contacted by Salary Finance and our employees, representatives and agents, or anyone contacting you on our behalf for any and all purposes arising out of or relating to your Salary Finance account, at any telephone number, or any physical, email or electronic address you provide or at which you may be reached. It is your responsibility to provide us with current and accurate contact information. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
You are responsible for safeguarding your Salary Finance account login information. If you believe your Salary Finance account or login information has been compromised, contact us immediately at firstname.lastname@example.org.
By accepting these Terms, you expressly agree that you will not, or attempt to: (a) access data outside of the public aspects of the Website or your Salary Finance customer account portal; (b) access any loan information or nonpublic personal information relating to any other user of the Website; (c) probe, scan or test the vulnerability of the Website; or (d) interfere with or disrupt the Website or any aspect therein, including, without limitation, via means of submitting a virus to the Website or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website. Violations of system or network security may result in civil or criminal liability.
13. Restrictions and Termination
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Further, we reserve the right to suspend, close or deny access to your Salary Finance account if we believe there is a legitimate reason to do so. Such reasons shall include, without limitation:
- Any actual or suspected breach of these Terms;
- Any actual or suspected or actual criminal activity;
- Any actual or suspected misuse of, or damage to, the Website; and
- An inactive Salary Finance account for a period of twelve (12) months or more. An inactive Salary Finance account occurs when you have not accessed your Salary Finance account once in a twelve (12) month period.
Your obligation to repay your loan is not contingent on or otherwise affected by your ability or inability to access or use the Website or by the closure of your Salary Finance account.
We may make changes to these Terms from time to time. If we do this, we will post the changed Terms on the Website and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Website after we have made any such changes constitutes your acceptance of the new Terms.
Our websites may contain links to web sites which are owned or controlled by parties other than Salary Finance Inc. These links are provided for your convenience and do not imply that we have reviewed or condone the third-party sites, their content or their privacy policies.
When using other websites you must be aware that any personal information you supply will be handled according to their privacy policies. We recommend that you read and consider these website’s privacy policies and terms and conditions before providing any of your personal information. Salary Finance is not responsible privacy practices or content on third party websites.
Our websites may also transfer you to a third party site in order to fulfill the services we provide to you. When you access the linked third party websites you do so at your own risk. These sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. We advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information. Salary Finance is not liable for any misuse of your information or other misconduct by the third party.
16. No Warranty and Limitation on Liability
WE DO NOT GUARANTEE THAT THE WEBSITE OR THE ADEQUACY, COMPLETENESS OR ACCURACY OF ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, THAT THE WEBSITE OR ANY FEATURE OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT ANY ERRORS, INTERRUPTIONS OR DEFECTS WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ON THE WEBSITE ARE MADE AVAILABLE ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. SALARY FINANCE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH SALARY FINANCE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE WEBSITE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE WEBSITE OR AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE. SALARY FINANCE MAKES NO REPRESENTATION AND WARRANTIES THAT THAT THE WEBSITE OR ANY DOWNLOADABLE MATERIAL IS FREE FROM COMPUTER VIRUS. CALCULATORS AND TOOLS ON THE WEBSITE PROVIDE ESTIMATES, WHICH MAY BE DIFFERENT THAN THE ACTUAL AMOUNTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SALARY FINANCE, ITS EQUITY OWNERS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS, OR DAMAGE ARISING FROM OR RELATED TO ANY USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. YOUR SOLE REMEDY AGAINST SALARY FINANCE, ITS EQUITY OWNERS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS IN CONNECTION WITH YOUR USE OF THE WEBSITE OR FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS TO STOP USING THE WEBSITE.
THE TERMS OF YOUR LOAN AND YOUR OBLIGATIONS IN RESPECT OF THE LOAN SHALL BE INCLUDED IN THE LOAN AGREEMENT, AND NO CONTENT ON THE WEBSITE OR FEATURE OF THE WEBSITE SHALL HAVE ANY EFFECT ON THE TERMS OF YOUR LOAN AGREEMENT OR YOUR OBLIGATION TO REPAY THE LOAN.
17. Your Acts and Compliance With Law
You are solely responsible for your acts and omissions in connection with your use of the Website, and we will not be responsible or liable for any claim, action or liability that arises out of or is in any way connected with such acts or omissions. You agree to use the Website in compliance with all applicable laws, and not to use the Website for any fraudulent purposes.
18. Intellectual Property
You acknowledge and agree that Salary Finance or our licensors own all legal right, title and interest in and to the Website, including, without limitation, any trademark, copyright, patent, trade secret or any other intellectual property right which subsist in the Website, whether those rights are registered or not, and wherever in the world those rights may exist (“IP”). You agree not to (a) take any action that would jeopardize, limit or interfere with our or our licensors’ rights in or to the IP, (b) copy, translate, publish or create derivative works of the IP or any component thereof, or (c) resell, distribute, trade or make any other commercial use of, modify, reverse engineer, decompile or disassemble the IP or any component thereof.
By using the Website, you agree to defend, indemnify, and hold harmless Salary Finance, its equity owners, subsidiaries, affiliates, and each of their respective, managers, employees, representatives, agents, licensors, successors and assigns from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that any of them may become obligated to pay arising or resulting from (a) your use or misuse of the Website or any feature of the Website, (b) your breach of these Terms, or (c) any violation of applicable law.
20. Feedback and Suggestions
We welcome all feedback and suggestions. Should you wish to provide feedback or a suggestion, or to raise a complaint, please contact us by email at email@example.com.
21. No Waiver
The waiver of a breach of or default under these Terms, or the failure or delay by Salary Finance to exercise any right in respect of any breach of or default under these Terms, shall in no event constitute a waiver of any other breach or default of these Terms, whether similar or dissimilar in nature, or operate as a waiver of any other right or remedy available to Salary Finance.
If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of these Terms shall continue in full force and effect as if these Terms had the invalid portion thereof eliminated.
23. Law and Venue
These Terms and the relationship between you and Salary Finance with regard to the use of the Website shall be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New Castle County, Delaware, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Website or the content on the Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Website or the content on the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.