REGISTRATIONS AND APPLICATIONS
You may be presented with the opportunity to register for an account and apply for a loan through the Site. When you register for an account or apply for a loan, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to reject or cancel your account registration, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our Services. We reserve the right to decline any application for a loan.
To access our Services, you will be required to register and create an account on the Site. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your username, password or account, please contact us immediately. We are not liable for any harm, damages or charges related to any authorized or unauthorized use of your username, password or account.
YOUR CONTENT AND INFORMATION SHARING
By providing information or content on the Site, including, but not limited to, any comments, reviews, feedback, suggestions, images, information or other content (collectively, "User Content"), you represent and warrant that you are the owner of or have the required rights and licenses to provide such information or content. You further agree to, and hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license to use the User Content, subject to the privacy provisions described herein. We have the right to review, delete, edit, modify, reformat, excerpt, or translate any of your User Content. We have the right to use your name as provided with your User Content or as set forth in your account. You are solely responsible for the content and information you make available through or in connection with our Services
All the User Content posted on the Site or privately transmitted through the Site or via other means in connection with our Services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omission in User Content nor any loss or damage that results from any User Content transmitted or made available on the Site or through the use of the Services.
RESTRICTIONS ON USE
You agree to abide by all applicable laws and regulations in your use of the Site and our Services. In addition, you agree that you will not do any of the following:
- register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
- post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else's rights or is protected by any copyright or trademark, or otherwise violates the law;
- post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type;
- post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
- use the information or content on our Site to send unwanted messages to any other user;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- post or otherwise make publicly available on the Site any personal or financial information of any third party;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- use the Site or our Services in any manner that could damage, disable, overburden or impair the Site;
- harvest or collect any information, including email addresses or other contact information, of our users from the Site by electronic or other means, including via the use of automated scripts; or
- post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
INTELLECTUAL PROPERTY PROPRIETARY RIGHTS; COPYRIGHTS; TRADEMARKS
All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "Content"), other than User Content (as defined above), are the property of Boost Finance and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to copyright laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent.
"Boost Finance" and all related logos (collectively, "the Trademarks") constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. The use of any of the Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. You may not copy, imitate, or use them without our prior written consent. Any questions concerning any Trademarks, or whether any mark or logo is a Trademark, should be referred to us via [email protected].
All right, title and interest in and to the Website, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors' exclusive property.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via [email protected]. In your notification, please:
- confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
- identify the copyrighted work or works you claim has been infringed;
- identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material;
- provide your contact details, including an email address; and
- provide a signed statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
LINKS TO THIRD PARTY WEBSITES
We are not responsible for the information practices employed by sites linked to or from our website. In most cases, links to third-party websites are provided solely as pointers to information on topics that may be useful to our users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information. IN NO EVENT WILL BOOST FINANCE BE LIABLE FOR ANY HARM, DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY THIRD-PARTY WEBSITE.
Please note that the information we collect is not subject to the California Consumer Privacy Act and its regulations (“CCPA”) because such data is collected pursuant to the federal Gramm-Leach-Bliley Act, and its regulations (“GLBA”).
When you visit our Site, we may collect certain information from you: (1) data you voluntarily provide to us; and (2) tracking data as you navigate our Site.
INFORMATION YOU PROVIDE TO US
We collect and use personal information you voluntarily provide to us through the Site. The following are some examples of when you would provide information to us: completing an online form, registration form or survey; creating or modifying your account; requesting information from us; purchasing Services from us; or contacting us. Such information may include name, address, email address, home, work, and/or mobile telephone number, gender, date of birth, Social Security number, driver’s license or other government ID number, bank account number, income and other financial information. It is your choice whether you provide such information; however, if we do not receive certain information, you may not be able to use or be eligible for all of our Services.
"Cookies" are small, unique strings of code. When you visit our Site, we or one of our service providers may place or recognize a unique cookie on your browser. These cookies enable us to improve the quality of our Site, store your user preferences, gather analytics about our web traffic and provide you with relevant ads and content. You can adjust your browser to reject or delete cookies, but this may prevent proper working of our Site.
Additionally, we and our service providers may use web beacons to compile information about usage of the Site. "Web beacons" are electronic images that recognize certain types of information on your computer, such as cookies, when you view a particular website tied to the web beacon. For example, an email we send to you may contain a web beacon. A web beacon helps us understand the time and date that a user opened an email and when the user used a link within the email to visit our Site, allowing us to collect analytics about our traffic, customize our Services, and send you ads about our Services. You can disable web beacons by turning images "off" in your email settings.
Currently, our Site does not recognize if your browser sends a "do not track" signal to indicate your choice of not receiving interest-based ads. You can learn more about or opt out of interest-based advertising by visiting: www.aboutads.info/choices; and http://www.networkadvertising.org/choices. This opt out is a cookie, so if you clear your browser’s cookies, you will need to opt out again. Also, you will continue to see ads, but such ads will not be based on your online browsing activities.
HOW WE USE AND SHARE THE INFORMATION
We share and use the information collected for multiple reasons, including, but not limited to:
- We use personal information you provide to us for our business purposes and to enhance your experience on our Site;
- We use contact information you provide to us to send you information about our company and marketing and promotional material from us, affiliates or partners;
- We use tracking information to track your use of the Site and improve your web experience, to monitor and improve the Site and our Services and for statistical analysis;
- We may use third parties to assist us in the proper administration of our Site and business. These third parties are required to keep any personal information confidential and may not use the information for any purpose other than to carry out the services they are performing for us;
- We may disclose information to law enforcement or other governmental officials as we deem necessary to comply with the law;
- We may share with third parties non-personally identifiable information about Site usage and traffic in order to provide interest-based advertising, analyze Site usage and evaluate advertising performance;
Once you apply or become a customer of any of our Services, the collection and use of information provided by you will be governed by the practices and policies found here.
We do not knowingly collect or retain personal data about children. Our Site nor our Services are intended for use by anyone under the age of 18. If you are under the age of 18, do not provide any personal information.
We use industry standard physical, technical and administrative safeguards to protect the personal information you provide to us. We take reasonable precautions to protect against unauthorized access to our systems and to prevent personal information from being disclosed to unauthorized parties. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, we cannot guarantee absolute security.
It is your choice whether to submit contact information to us. If you submit contact information, you are consenting to being contacted by us, partners or third-party service providers via written notices, email messages, text messages or telephone at any address or telephone number, including mobile, provided to us. You consent to calls and text messages using an automatic telephone dialing system, an artificial or prerecorded voice message system, or text messaging system, and you consent to having your calls monitored and recorded. You may change your contact preferences by contacting us at 888.313.4858 or [email protected].
NO WARRANTY; ERRORS; DISCLAIMERS
The Site and our Services are provided "as is" and without any representation or warranty, whether express, implied or statutory. Any estimates or examples that we provide on the Site may be different than actual amounts. You agree that we may promptly correct any error that we discover, including any error in calculating your loan rates. If the error results in your receipt of an incorrect interest rate, APR or fee, we will notify you and provide you with the correct rate. You agree to provide any additional consent necessary to correct any errors that occur.
LIMITATION OF LIABILITY
YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER WE, NOR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE AND/OR SERVICES, HAS OR WILL HAVE ANY RESPONSIBILITY FOR ANY CONSEQUENCES RELATING, DIRECTLY OR INDIRECTLY, TO ANY ACTION OR INACTION THAT YOU MAY TAKE BASED ON THE SITE AND/OR SERVICES, OR ANY ASPECT THEREOF.
ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARBITRATION CLAUSE AND WAIVER OF JURY TRIAL PROVISION
YOU AGREE THAT ARBITRATION WILL RESOLVE DISPUTES THAT CANNOT BE RESOLVED IN A SMALL CLAIMS COURT, PURSUANT TO THE TERMS OF THIS PARAGRAPH. YOU WAIVE YOUR RIGHT TO HAVE A JURY RESOLVE DISPUTES. YOU WAIVE YOUR RIGHT TO A CLASS ACTION. YOU ALSO WAIVE YOUR RIGHT TO SEEK A PUBLIC INJUNCTION IF SUCH A WAIVER IS PERMITTED BY THE FEDERAL ARBITRATION ACT ("FAA"). YOU AND US AGREE THIS SECTION SATISFIES THE "WRITING" REQUIREMENT OF THE FAA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.
For purposes of this paragraph, "Arbitration" means a way to use a neutral arbitrator to resolve disputes. The arbitrator can grant relief like a court. Unlike a court, there is no jury, and there is no class action litigation. You agree that the arbitrator cannot conduct class arbitration. The arbitrator’s award is binding and subject to limited appeals under applicable law. Courts rarely overturn arbitration awards. The term "disputes" has the broadest possible meaning.
You do not have to arbitrate disputes. Instead, you can litigate individually in a small claims court. All parties can seek relief in a small claims court for disputes within the scope of its jurisdiction.
If either party has a dispute, they must notify the other in writing. You can select the organization administering the arbitration from these two choices: The American Arbitration Association www.adr.org or JAMS www.jamsadr.com. We will advance the arbitration association filing expenses. You pay your attorneys' fees, if any, unless the arbitrator otherwise orders. If a hearing is needed, it will be held in a reasonable location, such as the county where you live or as otherwise may be required by law.
If you obtain an extension of credit and agree to a subsequent arbitration provision including a jury trial waiver with us, then those terms will apply to disputes instead of this section. If you do not obtain an extension of credit or do not agree to a subsequent arbitration provision including a jury trial waiver governing disputes with us, then this section governs.
The FAA governs this section.
The foregoing provisions do not apply to any legal action taken by Boost Finance to seek an injunction or other equitable relief for any (or any potential) damage, loss or cost relating to the Site, Services or Content.