California Privacy Disclosures
Last updated: February 2, 2023
Notice to California Residents
This section applies solely to California residents and supplements, and in no way limits, the Privacy Policy set forth above. This notice is being provided by Achieve.com (collectively “we”, “our”, or “us”).
These Provisions are intended to be in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in these Provisions. This notice explains how/what personal information we collect, use and share of the personal information collected and the rights and choices for California Residents with respect to our handling of their personal information.
This notice does not include personal information in relation to:
Publicly available information from government records.
De-identified or aggregated User information.
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Notice of Collection of Personal Information
The personal information we collect depends on California residents’ interactions with us. Following are the types of interaction and the information we may collect:
Types of interaction:
Website and Mobile App Use and Registration
Applying for Products or Services
Participation in Surveys and Contests
Communicating with Us
Information we may collect:
Category of Personal Information | Collected | Sold | Disclosed for a Business Purpose |
|---|
Identifiers: Full Name, Social Security Number, Email address alias, postal address, Internet Protocol address, email address, account name, telephone number, username, password or other similar identifiers, driver’s license, passport or other similar data. | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Financial data: Bank account, credit or debit card number, transactions. | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Protected Classification Characteristics under state and federal law: age, race, sec, religion, national origin and marital status. | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Commercial Information: records of personal property, products or services obtained. | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Biometric Information: preferences, trends, abilities, predispositions, characteristics, behaviors. | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Network activity information: Browsing history, search history, interaction with a website, application or advertisement | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Geolocation data: physical location of device | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Professional or employment related information: Current or past job history. | Yes | No | Service providers, marketing partners, banking partners, government entities, law enforcement, auditors, examiners, lawyers and other parties as required by law |
Use of Personal Information
Information collected is used to personalize your experience on our Site, improve your experience with our Site, products and services, to advertise to you, recognize you on subsequent visits, verify your identity, evaluate you for certain products/services, build a better member experience, improve member relationship protocols, fulfill contract obligations with you, to respond to inquired from you, testing, research, analysis, product development, respond to law enforcement, court orders or governmental examiners and to train and educate employees for compliance purposes.
We may also supplement the information you provide or that we gather from your interaction with our Site by using third party sources such as credit bureau information and address/phone information to verify your identity and to protect you against fraud or identity theft.
California Residents Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. Following are those rights and how to exercise them:
Right to Know Access:
You can request free of charge the following information covering the prior 12-months of your request:
The categories of personal information we collected about you
The categories of sources for the personal information we collected about you
Our business purpose for collecting or selling that personal information
The categories of third parties with whom we have shared that personal information
The specific pieces of personal information we collected about you (also called a data portability request)
The categories of information that we sold in the prior 12 months, and for each category, the categories of third parties to which we sold that particular category of personal information
The categories of information that we disclosed for a business purpose in the prior 12 months and for each category, the categories of third parties to which we disclosed that particular category of personal information
Right to Opt-Out of the Sale of Your Personal Information
The CCPA provides it’s residents the right to opt-out of our sale of your personal information to third parties.
Right to Request Deletion
You have the right to request that we delete your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your request and confirm your identity, we will review your request to delete your personal information from our (their) records, unless a CCPA exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, we may not be able to delete all of the personal information that we have on file for you.
Further after we delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
How to Exercise your Rights
If you wish to exercise any of your CCPA rights noted above or have any questions or comments about this privacy policy, the ways in which we collect and use your personal information, or your choices and rights regarding such use, please contact us by either:
We will respond to your request within the provisions allowed by CCPA; in no event later than 45 days of the receipt of your request, unless we notify you of any delay otherwise.
Submitting Requests for Someone Else
California residents can utilize an “Authorized Agent” to make requests on their behalf. We will require that the Authorized Agent provide us with a valid written authorization confirming said authority that is executed by you and the Authorized Agent.
Identity Verification
When you make any CCPA request, we are required to verify your identity before providing a response to the request. We will ask you to verify your identity when you submit a request, including any Authorized Agent’s identity.
Right to Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights, including but not limited to:
Deny you goods or services
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
Provide you a different level or quality of goods or services
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services
Privacy Information for California Employees, Contractors, and Applicants
We collect Personal Information from current and past employees (‘Employees’), Contractors and Applicants and comply with the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”), together referred to as “California Privacy Law.” This California HR Privacy Notice applies to California Employees, Contractors, and Applicants (“you” or “your”).
For the purposes of this California HR Privacy Notice, “Personal Information” means information that is linked or reasonably linkable to a particular individual or household.
However, the following categories of information are not Personal Information:
Publicly available information;
De-identified or aggregated data; or
Information otherwise excluded from the scope of California Privacy Law.
This Privacy Notice provides the following information to California Employees, Contractors, and Applicants:
Categories of Personal Information we collect;
Purposes for which we use Personal Information;
Categories of Personal Information we disclose to third parties;
Categories of third parties to which we disclose Personal Information; and
How Employees, Contractors, and Applicants can exercise their rights under California Privacy Law:
The rights to access, correct, or delete Personal Information;
The right to obtain a portable copy of Personal Information;
The right to limit the use of sensitive Personal Information in certain circumstances; and
The right to opt-out of the sharing of Personal Information for behavioral advertising, sales of Personal Information, use of automated decision-making, or certain profiling. This includes information in our response to access requests about the rationale involved in those decision-making processes, as well as a description of the likely outcome of the process with respect to the consumer.
The right to non-discrimination for exercising CPRA rights
The right to be notified, before, or at the time personal information is collected, the type of personal information collected, and what we may do with that information
Categories of Non-Sensitive Personal Information
The table below outlines the non-sensitive categories of Personal Information Achieve collects about Employees, Contractors, and Applicants and whether and how they are disclosed to third parties.
We collect Non-Sensitive Personal Information from the following sources:
Directly from our Employees, Contractors, and Applicants
Category of Personal Information: Identifiers |
Examples |
Identifiers may contain the following: Names, home addresses, personal email addresses, personal phone numbers, next of kin |
Purpose(s) |
Complying with statutory obligations and to improve services |
Targeted Advertising |
We do not engage in targeted advertising or share Personal Information for targeted advertising purposes |
Sale |
We do not sell Personal Information to anyone |
Sharing |
This information may be shared with Processors and Affiliates |
Retention Period |
We retain this information for 3 years, or as dictated by applicable regulations |
Other Disclosures |
This information may be disclosed to Processors and Affiliates. We disclose Identifiers to comply with statutory obligations, improve services, and to enable our processors to provide customer service on our behalf. |
Category of Personal Information: Personal Characteristics |
Examples |
Personal Characteristics may contain the following: Age, gender, race, ethnicity, disability, and national origin data when provided by employee. |
Purpose(s) |
Complying with statutory obligations and to improve services |
Targeted Advertising |
We do not engage in targeted advertising or share Personal Information for targeted advertising purposes |
Sale |
We do not sell Personal Information to anyone |
Sharing |
This information may be shared with Processors and Affiliates |
Retention Period |
We retain this information for 3 years, or as dictated by applicable regulations |
Other Disclosures |
This information may be disclosed to Processors and Affiliates. We disclose Personal Characteristics to comply with statutory obligations and to improve services. |
Category of Personal Information: Professional Information |
Examples |
Professional Information may contain the following: employment history or other materials provided upon application for employment |
Purpose(s) |
Complying with statutory obligations and to improve services |
Targeted Advertising |
We do not engage in targeted advertising or share Personal Information for targeted advertising purposes |
Sale |
We do not sell Personal Information to anyone |
Sharing |
This information may be shared with Processors and Affiliates |
Retention Period |
We retain this information for 3 years, or as dictated by applicable regulations |
Other Disclosures |
This information may be disclosed to Processors and Affiliates. We disclose Professional Information to comply with statutory obligations and to improve services. |
Category of Personal Information: Educational Information |
Examples |
Educational Information may contain the following: any and all educational information provided during the application and interview process |
Purpose(s) |
Complying with statutory obligations and to improve services |
Targeted Advertising |
We do not engage in targeted advertising or share Personal Information for targeted advertising purposes |
Sale |
We do not sell Personal Information to anyone |
Sharing |
This information may be shared with Processors and Affiliates |
Retention Period |
We retain this information for 3 years, or as dictated by applicable regulations |
Other Disclosures |
This information may be disclosed to Processors and Affiliates. We disclose Educational Information to comply with statutory obligations and to improve services. |
Categories of Sensitive Personal Information
The table below outlines the categories of Sensitive Personal Information Achieve collects about Employees, Contractors, and Applicants and whether they are shared with third parties.
We collect Sensitive Personal Information from the following sources:
From our affiliates (“affiliates” are businesses that share common ownership with Achieve)
Directly from our Employees, Contractors, and Applicants
Category of Sensitive Personal Information: Sensitive Category Data |
Examples |
Sensitive Category Data may contain the following: employee provided information regarding racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, sex life, or citizenship or immigration status. |
Purpose(s) |
Complying with statutory obligations and to report on and track diversity and inclusion efforts. |
Targeted Advertising |
We do not engage in targeted advertising or share Personal Information for targeted advertising purposes |
Sale |
We do not sell Personal Information to anyone |
Sharing |
This information may be shared with Processors and Affiliates |
Retention Period |
We retain this information for 3 years, or as dictated by applicable regulations |
Other Disclosures |
This information may be disclosed to Processors and Affiliates. We disclose Sensitive Category Data to comply with statutory obligations, report on and track diversity and inclusion, and to publish employee's work contact information in an intra-company directory for other employees to view. We may disclose applicants’ submitted Sensitive Personal Information with our HR department and other employees to process applications. We respond to subpoenas, wage garnishments, and court orders in accordance with applicable state and federal laws. Sensitive Personal Information may also be used or disclosed as otherwise permitted or required by applicable law to provide physical security by complying with police requests and working with our third-party security team. |
Category of Sensitive Personal Information: Financial Data |
Examples |
Financial Data may contain the following: banking information related to payroll processing and direct deposit information. |
Purpose(s) |
Complying with statutory obligations; improving payroll services and offering direct deposit options to employees. |
Targeted Advertising |
We do not engage in targeted advertising or share Personal Information for targeted advertising purposes |
Sale |
We do not sell Personal Information to anyone |
Sharing |
This information is not shared with third parties |
Retention Period |
We retain this information for the duration of employment or as dictated by applicable law. |
Other Disclosures |
This information is not otherwise disclosed to third parties. |
Use of Personal Information
We use Personal Information for the purposes described above. Other examples of how we may use your Personal Information within Achieve include:
Publishing Employees’ work contact information in an intra-company directory for other Employees to view.
Disclosing applicants’ submitted Personal Information to our HR department and other employees as needed to process applications.
Sharing applicants’ submitted Personal Information with our HR department and other employees to process applications.
Creating profiles of contractors’ performance based on work product.
Personal Information may also be used or disclosed as otherwise permitted or required by applicable law.
Disclosing Personal Information
We disclose Personal Information with the following categories of third parties:
Processors (also referred to as “Service Providers” or “Contractors” in California law): We use processors to securely handle Personal Information on our behalf for our business purposes and only on our instructions. California privacy laws and our contracts with these companies prevent them from using your Personal Information for their own purposes.
Affiliates: We may disclose your information with our affiliates, subsidiaries, and representatives as part of our relationship with you.
Other Employees, Contractors, and Applicants: Content you post on our systems may be displayed to other Employees, Contractors, and Applicants as appropriate.
Our Business Partners: We may disclose relevant Personal Information with our business partners, for example to provide you with offers and discounts for products and services that may interest you.
See the tables above for more details about how different categories of Personal Information are disclosed.
We do not sell Personal Information to anyone. We do not share Personal Information for advertising purposes.
Exercising Your Personal Information Rights
California Employees, Contractors, and Applicants have the following rights under California Privacy Law:
The right to know the Personal Information we have collected about them, including the categories of sources from which we collected the Personal Information, the purpose(s) for collecting, selling, or sharing your Personal Information, and the categories of third parties to whom we have disclosed your Personal Information;
The rights to access, correct, or delete Personal Information;
The right to obtain a portable copy of Personal Information;
The right to limit the use of Sensitive Personal Information and opt-out through “limiting the use of my personal information” in certain circumstances;
The rights to opt-out of the sharing of Personal Information for behavioral advertising, targeted advertising, sales of Personal Information, use of automated decision-making, or certain profiling. This includes response to access requests to include meaningful information about the logic involved in those decision-making processes, as well as a description of the likely outcome of the process with respect to the consumer;
The right not to receive discriminatory treatment for exercising privacy rights; and
The right to be notified, before, or at the time personal information is collected, the type of personal information collected, and what we may do with that information.
If you are a California Employee, Contractor, or Applicant, you can submit a request to exercise your Personal Information rights under California Privacy Law by sending an email to your HRBP, sending an email to [email protected], or calling our toll-free number at 833-435-2060. To protect your privacy, we may need to authenticate your identity before we respond to your rights request. We will use commercially reasonable efforts to verify your identity for this purpose. Any information you provide to authenticate your identity will only be used to process your rights request. Please be aware that we do not accept or process rights requests through other means (e.g., via fax or social media).
After submitting your request, we will verify your identity by requesting your full name, email address, and sending an email to the email address provided with a link to click. Requests to opt-out of marketing do not require verification. If you do not complete the verification process, we may be unable to process your request. It is important that you provide a valid email address in order for us to be able to process your request. Any information you provide to authenticate your identity will only be used to process your rights request and not for any other purpose. Please be aware that we do not accept or process rights requests submitted through other means.
We will confirm receipt within 10 business days and respond to your rights request within 45 days (or 15 days for requests to opt-out of the sale of Personal Information, requests to opt-out of targeted advertising, and requests to limit the use of Sensitive Personal Information), though in certain cases we may inform you that we will need up to another 45 days to act on your request. If we suspect fraudulent or malicious activity on or from your account, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. Also note that each of the rights are subject to certain exceptions.
You can make a request up to twice a year, free of charge. We reserve the right to decline to process, or charge a reasonable fee for, requests from an Employee, Contractor, or Applicant that are manifestly unfounded, excessive, or repetitive.
Notice of Right to Limit the Use of Sensitive Personal Information
You have the right to limit some uses of Sensitive Personal Information. You may direct Achieve not to use Sensitive Personal Information except as necessary to provide goods or services you have requested or other exempt purposes.
However, we only use Sensitive Personal Information for purposes that are exempt from this right, such as to provide you with goods or services you have requested, to detect and prevent security incidents, or verifying the quality of our goods and services. The full list of these exempt purposes are specified in California Code of Regulations, Title 11, Section 7027(m).
Children’s Data
We do not knowingly sell or share for targeted advertising the Personal Information of California residents under 16 years of age.
We comply with the Children’s Online Privacy Protection Act (“COPPA”), in addition to California privacy law, with respect to any Personal Information we collect or use from children under the age of 13.
Limiting the Use of Sensitive Personal Information
California Privacy Law provides a right to limit some uses of Sensitive Personal Information. In particular, you may direct Achieve not to use Sensitive Personal Information and to opt-out through limiting the use of your personal information except as necessary to provide goods or services you have requested.
You may submit a request to limit the use of your sensitive Personal Information by submitting a rights request as described above.
Authorized Agent Requests
California Privacy Law allows you to designate an authorized agent to make a rights request on your behalf. Your authorized agent may submit such a request by following the same method described above. We may require verification of your authorized agent in addition to the information for verification above for Employees, Contractors, and Applicants and households.
Contact Us
If you have any questions or concerns regarding this California HR Privacy Notice, contact us at [email protected].
Terms of Use
Welcome and thank you for your interest in Achieve. This Terms Of Use Agreement (“Agreement”) governs your use of the content, features, data and software available through the websites, mobile applications and other services of Achieve.com, including but not limited to Achieve Personal Loans, Achieve Loans, Achieve Resolution, the Achieve GOOD® app, and the Achieve MOLO® app (“Achieve,” “Company,” “we,” “us,” or “our”) (collectively, the “Service”). Please read this Agreement carefully. By registering for, accessing, browsing or otherwise using the Service, you acknowledge that you have read, understand, and agree to be bound by the Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Service.
1. USE OF OUR SERVICE
1.2. Eligibility
You may use the Service only if you are at least 18 years of age and agree to comply with this Agreement and all applicable local, state, national, and international laws, rules and regulations with respect to such use.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
1.3. License Grant
You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our Service in accordance with the terms and conditions of this Agreement. Company reserves all rights not expressly granted herein in the Service and Company Content (as defined below), including without limitation the right to exercise whatever lawful means it deems necessary or appropriate to prevent the unauthorized use of same. Company may terminate this license and this Agreement at any time for any reason or no reason.
1.4. Account Registration and Use
To access some features of the Service, you may be required to provide us with information about yourself, such as email address and other contact information. You agree that the information you provide is accurate, true, current and complete.
You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, whether or not such activity occurs with your authorization. You must keep your account password secure. We encourage you to use “strong” passwords (i.e., passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notifyCompany immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
By submitting your contact information to us, you are expressly consenting to receiving information about our products and services by telephone, email, or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution. If you do not want to receive such information, you may opt out at any time by calling us at 833-435-2060, or emailing us at: [email protected]. Opting out may prevent you from receiving messages regarding updates, improvements, or offers. Also, you may not be able to opt out of receiving some documents, including required disclosures and documents for signatures related to loan applications.
1.5. Prohibited Use of Service
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy materials from www.achieve.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, and only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search: (1) information protected by a security verification system (such as “captcha”) which limits access to human users, or (2) excluded pages, e.g., as defined by robots.txt (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Company specifically reserves the right to update this list of prohibited activities at any time, by posting an update to this Agreement to its website.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. USER CONTENT
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following: (i) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iii) Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; (iv) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate; (v) Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service; (vi) you shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content; and (vii) you understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of User Content.
3. USER CONTENT LICENSE GRANT
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. MOBILE SOFTWARE
We may make available software to access the Service via a mobile device. To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account on mobile device(s) owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Company Service.
5. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
6. COMPANY PROPERTY
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“Company Property”). You understand and agree that regardless of terminology used, Company Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Company’s sole discretion. Company Property is not redeemable for any sum of money or monetary value from Company at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Company on Company servers, including without limitation any data representing or embodying any or all of your Company Property. You agree that Company has the absolute right to manage, regulate, control, modify and/or eliminate Company Property as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S SERVERS.
7. NO PROFESSIONAL ADVICE
Any information provided on the Service is for informational purposes only and is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. No action should be taken based upon this information. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
8. PRIVACY
We care about your privacy. For more information on how Achieve.com uses and protects any personal information you provide through the Service, please review our Privacy Policy, which is incorporated herein by reference.
9. SECURITY
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings and guard your non-public information. Such measures include using HTTP over SSL encryption on our website to securely transmit any sensitive information. Despite such safeguards, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OF YOUR PERSONAL INFORMATION THAT OCCURS DURING USE OF THE SERVICES.
10. NOTICE OF COPYRIGHT INFRINGEMENT
We expect anyone using the Service to respect the intellectual property rights of others and are committed to doing the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Service; (iv) information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, email address; (v) a statement 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 law; and (vi) statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, Achieve.com
Address: 1875 South Grant St. San Mateo, CA 94402
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk and liability, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such sites. Additional terms, including payment terms or subscription terms, may apply to your use of such third-party websites, advertisers, or services. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods or services, and any other terms (such as indemnities, warranties, limitations of liability or disclaimers) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. INDEMNITY
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any other content that is submitted via your account or that is lost during use of your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code, or (vii) your use of and access to any third-party website, service or advertiser.
13. NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION, INCLUDING WITHOUT LIMITATION USER CONTENT, CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. GOVERNING LAW AND JURISDICTION
Governing Law. This Agreement shall be governed and construed in all respects by the laws of the Delaware without giving effect to any principles of conflicts of law.
Jurisdiction. To the greatest extent permitted by law, the state and federal courts in Maricopa County, Arizona will have exclusive jurisdiction over any claim or dispute related to, arising out of, or involving this Agreement (“Claim”). Both you and Company consent to exclusive personal jurisdiction and venue in these courts and waive any defense of lack of personal jurisdiction or venue.
16. ADDITIONAL TERMS FOR CERTAIN DIGITAL MONEY MANAGEMENT TOOLS AND SERVICES PROVIDED THROUGH ACHIEVE.COM AND ITS AFFILIATES
This User agreement contains the terms and conditions for your use of digital money management tools and services that we may provide to you through MX Technologies, Inc. and that involve accessing third party account information (“MX Services”). Hereinafter “you” “your” means the User and “us” “we” “our” or “Financial Institution” refers to Achieve.com and its affiliates.
16.1. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the MX Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the MX Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the MX Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
16.2. Content You Provide. Your use of the MX Services is your authorization for Financial Institution or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Financial Institution and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the MX Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the MX Services or that we or our service providers retrieve on your behalf for purposes of providing the MX Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
16.3. Authority to Access Information. Unless and until this User agreement is terminated, you grant Financial Institution and its service providers the right to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations granted by you or through your account. For all purposes hereof, you hereby grant Financial Institution and its service providers the right to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. Upon notice to Financial Institution, you may (i) revoke Financial Institution’s right to access information at third party sites on your behalf, or (ii) subject to Section 7, request deletion of information collected from third party sites. You understand and agree that the MX Services are not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD-PARTY SITES.
16.4. Third Party Accounts. With respect to any third-party sites we may enable you to access through the MX Services or with respect to any non- Financial Institution accounts you include in the MX Services, you agree to the following:
16.4.1 You are responsible for all fees charged by the third party in connection with any non- Financial Institution accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Financial Institution account, you agree to direct these to the account provider.
16.4.2 Any links to third party sites that we may provide are for your convenience only, and Financial Institution and its service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the MX Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third-party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
16.5. Limitations of MX Services. When using the MX Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the MX Services is for informational purposes only, does not represent an official record of your account, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the MX Services at any time without prior notice. In the event that MX Services are discontinued, your information shall be retained in accordance with this Agreement and our privacy policies.
16.6. Acceptance of User Agreement and Changes. Your use of the MX Services constitutes your acceptance of this User agreement. This User agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User agreement. Your continued use will indicate your acceptance of the revised User agreement. The licenses, user obligations, and authorizations described herein are ongoing.
16.7. Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the MX Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
16.8. Ownership. You agree that Financial Institution and its service providers, as applicable, retain all ownership and proprietary rights in the MX Services, associated content, technology, mobile applications and websites.
16.9. User Conduct. You agree not to use the MX Services or the content or information delivered through the MX Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the MX Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Financial Institution or its service provider or cause Financial Institution to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the MX Services in such a manner as to gain unauthorized entry or access to computer systems.
16.10. Indemnification. You agree to defend, indemnify and hold harmless Financial Institution, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the MX Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
16.11 Disclaimer. The MX Services are not intended to provide legal, tax or financial advice. The MX Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Financial Institutions nor its third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Financial Institution and its third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Financial Institution and its third-party providers are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the MX Services or any materials or information accessible through it. Past performance does not guarantee future results. Financial Institution and its third-party providers do not warrant that the MX Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
16.12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE MX SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MX SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE MX SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE MX SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MX SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE MX SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MX SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. WE, ON BEHALF OF OURSELVES AND ALL THIRD PARTY DATA PROVIDERS, EXPRESSLY DISCLAIMS ANY TYPE OF REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME OF THE MX SERVICES OR CONTENT OR INFORMATION OBTAINED THROUGH THE MX SERVICES OR THAT SUCH ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE AND, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, EXPRESSLY DISCLAIMS THE ACCURACY, COMPLETENESS AND CURRENCY OF ALL INFORMATION COLLECTED ON YOUR BEHALF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE MX SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16.13. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE MX SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MX SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE MX SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE MX SERVICES.
16.14. WAIVER OF JURY TRIAL AND CLASS ACTION. You agree that, with respect to any dispute with us or our service providers, arising out of or relating to your use of the MX Services or these terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii), TO THE EXTENT PERMITTED BY LAW, YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
16.15. Export Restrictions. You acknowledge that the MX Services and any software underlying such MX Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or MX Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the MX Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
16.16. Other Terms. You may not assign this User agreement. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.
17. MISCELLANEOUS
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Changes to the Agreement. Company may, in its sole discretion, revise, update or otherwise change this Agreement at any time, including by adding new terms or modifying or deleting existing terms. The most current version of this Agreement will always be available at https://www.achieve.com/policies#Terms-Of-Use, will govern our relationship with you. If the revisions are materially adverse to you, we will try to provide you with notice through any reasonable means, including by notice via your account, app, email, website message, or other method. Your continued use of the Service after the effective date of any such change constitutes your acceptance of the new Agreement.
Entire Agreement. This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service.
Termination. Company may terminate this Agreement or suspend or limit your account or access to the Service immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of this Agreement. Upon termination, you shall cease use of the Service. In addition, Company may at any time and for any reason change or discontinue all or any portion of the Service, its features, or the third-party services that are available through the Service.
Survival. Provisions that by their nature should survive termination of this Agreement must survive termination, including, without limitation, indemnification (your responsibilities and liabilities), disclaimer of warranties, limitation of liability, and dispute resolution. The licenses provided by you to Company, your obligations, and your authorizations described herein survive the termination of this Agreement.
Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision is deemed prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of the provision or any other provision of this Agreement, which shall remain in full force and effect.
No Waiver. The failure of Company to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision, and a waiver of any right or provision of this Agreement will be effective only if in writing and signed by Company.
Contact. Please contact us at 1-833-996-2606 with any questions regarding this Agreement.
This agreement was last modified on August 2024.
Electronic Consent Agreement
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AGREEMENT TO CONSENT TO USE OF ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND COMMUNICATIONS
Your Consent To Do Business Electronically (the eConsent Agreement)
Introduction
Achieve.com and/or Achieve Insights (“Achieve.com”) operates as a marketing lead generator for affiliates and non-affiliates, and as a broker for loans and debt resolution services offered by its affiliates. Achieve.com also offers certain mobile applications that allow consumers to view and analyze their finances. Achieve.com may take applications for our affiliates, but we do not make credit decisions, originate loans, process consumer loan or bill payments, or provide any other financial services. We do not collect any fees or other compensation from consumers.
If you choose to be evaluated for a loan or other financial product or services offered through Achieve.com or through any of its affiliates, including Achieve Loans, Achieve Personal Loans, and Achieve Resolution, or through our network of service providers (hereinafter collectively “we” or “us”), we need your consent to provide you with disclosures, notices, documents, and other information in connection with your evaluation, as well as in connection with origination, servicing, and collection.
Electronic Documents and Signatures – Consent
Under the federal E-Sign Act and related state laws, with your consent, we can deliver written disclosures, documents and information pertaining to your transactions with us electronically (collectively, “Electronic Communications”), and we can use electronic records and electronic signatures in connection with your transactions with us.
It is important to us that you understand your rights and responsibilities relating to electronic receipt and execution of Electronic Communications. So please review and agree to the terms of this Electronic Consent Agreement (“eConsent Agreement”) outlined below. Please read this notice carefully prior to giving your consent and print or download a copy for your files.
If you do not want to receive Electronic Communications electronically, or you do not want to use electronic signatures in connection with your transactions with us, you should not agree to the terms of this eConsent Agreement. If you do not consent to receive the Electronic Communications electronically, or do not consent to use electronic signatures in connection with your transactions with us, we will not be able to proceed with your transaction or online account services.
If you want to proceed with your evaluation via the Internet, you must consent to receive the Electronic Communications electronically, before we can provide it to you electronically. Your consent will apply to all your transactions with us and any Electronic Communications we provide or make available to you. Your consent also permits the general use of electronic records and electronic signatures in connection with all your transactions with us.
Scope of Consent
Your consent to receive disclosures and communications, and to do business electronically, and our agreement to do so, applies to all disclosures that may be provided in connection with your evaluation for financial products and services offered by Achieve.com, Achieve Loans, Achieve Personal Loans, Achieve Resolution, and our network of service providers. You also consent to receive electronically all disclosures and communications related to the origination, servicing, and collection of any products and services, as well as any other disclosures provided by any and all of the foregoing entities.
Computer Hardware, Software and Other Requirements
To receive, print and retain Electronic Communications electronically on a personal computer, you must have the following items and features:
An active email address.
A connection to the Internet and an up-to-date internet browser using 128-bit encryption or higher that is compatible with, and supported by, your operating system (e.g., Edge, Internet Explorer, Firefox, Chrome, or Safari).
A Current Version of programs that accurately read and display HTML, Text, and PDF files. By “Current Version,” we mean a version of the software that is currently being supported by its publisher.
A computer and an operating system capable of supporting all of the above.
You will also need a printer if you wish to print out and retain records on paper.
If you wish to retain records in electronic form, you will also need a form of electronic storage.
To receive, print and retain Electronic Communications electronically on a mobile device, you will need:
A mobile device with any of the following operating systems: Android or iOS (iPhone).
A data plan provided by your wireless carrier or Internet connectivity via WiFi and an up-to-date mobile internet browser that is compatible with, and supported by, your operating system (e.g., Chrome or Safari).
A Current Version of programs that accurately read and display HTML, Text, and PDF files.
A printer and/or storage device if you wish to print or retain any electronic documents.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with our online financial product evaluation.
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic documents. Continuing the application process after receiving notice of the change is the reaffirmation of your consent to this eConsent Agreement.
Multiple Access Devices
Your acceptance of this eConsent Agreement on one access device constitutes your acceptance on all access devices you use. For example, if you view and accept this eConsent Agreement on a mobile device, the terms of this eConsent Agreement will apply to Electronic Communications you access on a personal computer (or vice versa).
Additionally, by viewing and accepting this eConsent Agreement on any access device, you are reasonably demonstrating your ability to access and view Electronic Communications in the format that the services are provided on that access device and all subsequent access devices.
If you change access devices (or use multiple access devices), it is your responsibility to ensure that the new access device meets the applicable system requirements and that you are still able to access and view Electronic Communications on the subsequent access device. Continuing your application on other access devices is your reaffirmation of this eConsent Agreement.
Withdrawal of Consent
Because we will provide disclosures and communications to you instantaneously, you will not be able to withdraw your consent to do business electronically with us while you are submitting, and we are evaluating, your online submission for financial products. However, after your submission is complete, you may withdraw your consent to do business electronically with us at no cost to you. Withdrawing your consent does not apply to Electronic Communications that were previously provided to you electronically. Withdrawing your consent may slow the speed at which we can deliver services to you.
If you decide you do not want to receive Electronic Communications electronically in connection with any future transactions with us, or you do not want to use electronic signatures in connection with any future transactions with us, you may withdraw your consent by contacting the relevant affiliate in a manner listed below:
Achieve.com
By phone at 1-833-996-2606, or by mail at:
Achieve.com
2114 E Achieve Way Ste 310
Tempe, AZ 85288
Achieve Personal Loans
By phone at 1-800-297-5879, or by email at [email protected].
Paper Copy of Electronic Communications Available Upon Request – No Charge
If you decide to provide your consent, you may, upon request, obtain a paper copy of the Electronic Communications by contacting us.
Please send your request to the relevant affiliate at:
Achieve.com
By phone at 1-833-996-2606, or by mail at:
Achieve.com
2114 E Achieve Way Ste 310
Tempe, AZ 85288
Achieve Personal Loans
By phone at 1-800-297-5879, or by email at [email protected].
You will not be required to pay a fee for receiving paper copies of the Electronic Communications.
You may also print copies of the Loan Documents from your computer if you have a printer that is connected to your computer.
Notifications of Changes in Your Information
You must promptly notify us if there is a change in your email address or in other information needed to contact you electronically. You can contact the relevant affiliate at:
Achieve.com
By phone at 1-833-996-2606, or by mail at:
Achieve.com
2114 E Achieve Way Ste 310
Tempe, AZ 85288
Achieve Personal Loans
By phone at 1-800-297-5879, or by email at [email protected].
We will not assume any liability if you do not receive notification of the availability of Electronic Communications in the event your email address on file is invalid; your email or Internet service provider filters the notification as “spam” or “junk mail”; there is a malfunction in your computer, browser, Internet service and/or software; or for other reasons beyond our control.
PLEASE PRINT AND RETAIN A COPY OF THIS CONSENT AGREEMENT FOR YOUR RECORDS.