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”) and the associated Salary Finance platform. 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 access or use the Website and do not register an account with Salary Finance. In these Terms, “we”, “us” and “our” means Salary Finance and “you” and “your” means the Website user. “Services” means the provision of Salary Finance’s financial wellbeing platform through the Website to employees at participating employers, including but not limited to: (i) the facilitation of the advancement of personal unsecured loans; (ii) referrals to access and the ability to track online savings and spending accounts; and (iii) access to additional financial wellbeing tools and resources.
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 77 Sleeper Street, Boston, MA 02210.
5. Loan Products
All loans originated on the Salary Finance platform are installment loans made by Axos Bank® (“Axos”). Axos reserves the right to decline your application on our platform in its sole and absolute discretion.
6. State Law Notifications (Loan Products)
Notice to California Residents: IF MARRIED YOU MAY APPLY FOR CREDIT SEPARATELY AS AN INDIVIDUAL.
Notice to New York Residents: Consumer reports may be requested in connection with this applicant. Upon request, you will be informed whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be requested with respect to any extension or renewal of this obligation.
Notice to Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
Notice to Wisconsin Residents: The interest of the creditor will not be adversely affected by a provision of a marital property agreement, a unilateral statement under Wisconsin Statutes § 766.59 or a court decree under Wisconsin Statutes § 766.70, unless you furnish a copy of such agreement, statement or decree to the creditor, or the creditor has actual knowledge of such provision before credit is granted.
7. Spending and Savings Accounts
7.1. Salary Finance provides users referrals to apply for Spending and Savings Accounts through Chime, a financial technology company that works with banking partners to provide spending and savings accounts. Your eligibility for such Spending and Savings accounts is subject to Chime’s applicable user agreement terms and policies.
7.2. If you elect to apply for and/or utilize Chime Spending and/or Savings Accounts through Salary Finance, your information may be shared with Chime and Chime’s banking partners in accordance with Chime’s policies. In addition, your Chime Spending and Saving account details, including but not limited to direct deposit status and account transaction and balance data, will be shared with Salary Finance including for the following reasons: (i) to include your Chime account balance information on your Salary Finance account dashboard; (ii) to provide accurate account information to determine eligibility for any applicable Salary Finance funded bonuses in your Chime account(s); and (iii) for promotional offers and marketing purposes, as applicable.
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.
9. Salary Finance Account Registration
9.2. Your employer must be registered as a participating employer with Salary Finance for you to create an account and gain access to the Services.
10. Accuracy of Information
When creating a Salary Finance account,applying for a loan on the Website, or requesting access to any of the Services, 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.
11. Closing Your Salary Finance Account
11.1. Once your loan has been repaid in full, you may close your Salary Finance account by notifying us via email at firstname.lastname@example.org.
11.3. If you have open Chime Spending and/or Savings Accounts when your Salary Finance account is closed, you will no longer be eligible for any Salary Finance sponsored bonus incentives related to such Chime accounts and you will lose access to view any previously linked Chime account information through the Salary Finance 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 email@example.com.
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.
14. 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. 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 for the 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.
17. 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.
18. 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.
19. 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.
21. 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 firstname.lastname@example.org.
22. 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.
24. 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.