PLEASE BE AWARE THAT SECTION 17 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND NF HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST NF TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 17 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST NF ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 17 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Furthermore, with respect to any Mobile Application accessed through or downloaded from an App Store such as Google Play® store or the Apple’s® App Store® (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the Mobile Application from a third party App Store is also subject to the provisions of Section 12 (Third Party Links & App Store).
Without our prior written consent, you may not:
Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
Frame the Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Services’ pages, or otherwise affect the display of any pages on the Services;
Engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or
Access, use, or monitor our Services for benchmarking or any direct competitive purposes.
Parts of the Services may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.
In addition, you agree not to use the Services to:
Register for more than one User account (except where previously authorized in writing by us), or register or operate a User account on behalf of or for the beneﬁt of any person who is not eligible to register for or operate a User account in their own name;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affliation with or authority to act on behalf of any person or entity;
Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card or loan account numbers, unless expressly authorized to do so by that third party;
Upload, post, transmit, share, 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 the Services; or Use or attempt to use another’s account without authorization from that person, or create a false identity through the Services.
You are solely responsible for the information that you post on or through the Services and your conduct regarding the Services. By posting information to or through the Services, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identiﬁcation, to the extent you are provided a password and identiﬁcation; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Services; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
By accessing the Services, you agree to the terms of our Consent to Electronic Records and Communication available at www.Novaefinancing.com.
To the extent required by applicable law, we ensure we make the proper disclosures and obtain consumer consent when collecting your contact information.
The “Novae” names and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States. NF’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Novae in each instance. Funding Banks use “Novae” under license in connection with the Novae Financing Programs.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Services are non-conﬁdential and shall become the sole property of NF. NF shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you believe that any material on the Services infringes upon any copyright which you own or control, you may send a written notiﬁcation of such infringement to our designated agent as set forth below:
Novae Financing Program
Attn: Novae, LLC
1257 Commercial Drive SW Ste B
Conyers, Georgia 30094
To meet the notice requirements under the Digital Millennium Copyright Act, the notiﬁcation must be a written communication including the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identiﬁcation of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site;
Identiﬁcation of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and
A statement that the information in the notiﬁcation is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between NF and the App Store Owner, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty (if any) will be the sole responsibility of NF.
You and we acknowledge that, as between NF and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
We reserve the right to change any and all content within the Services and any service offered through the Services at any time without notice.
We provide the Services “AS IS” and assume no responsibility for any failure to provide the Services to you. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Services or any goods or services available through the Services at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traﬃc congestion on the Internet or on or through the Services, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Services.
Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, ﬁnancial damages, lost proﬁts, loss of business, or personal injury or death, resulting from anyone’s use of the Services. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, and that we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL NF, THE FUNDING BANKS, OR ANY OF THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF ANY OF US IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES OR PRODUCT AT ISSUE IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
Please read this Arbitration Agreement carefully. It is part of your contract with NF and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Services or to any other aspect of your relationship with NF will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or NF may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior Agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST NF ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH NF, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST NF IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, 251 Little Falls Drive, Wilmington, Delaware 19808. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under its rules, including JAMS’ Consumer Arbitration Minimum Standards. The JAMS’ rules are available at www.jamsadr.com or by calling the JAMS at 1-800-352-5267. Payment of all ﬁling, administration, and arbitration fees will be governed by JAMS’ rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, NF will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor NF is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 16 (Disputes, Governing Law, Venue, and Jurisdiction) above.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
We are committed to protecting the personal information we collect about individuals (e.g., applicants, borrowers, and merchants) participating in the Novae Financing Program and have adopted policies, procedures, and processes designed to protect personal information from misuse, theft, or other loss.
“Personally Identifiable Information” is any information collected through our Website that is reasonably likely to identify a specific, unique individual. Personally Identifiable Information collected through the site may include, but not be limited to, an individual’s name, address, e-mail address, income, financial and banking information (including banking account information and payment card data), Social Security number, telephone number, and date of birth.
Novae Financing and the federally-insured, federal or state chartered financial institutions and other lenders participating in the Novae Financing Programs (the “Funding Participants”) (collectively, “we” or “us”) own the information we collect on the Website.
The Website contains links to other websites. We do not control and are not responsible for the content, security, and privacy practices of such websites.
This Website is intended for visitors located in the United States. This Website is governed solely by the federal and state laws in the United States. Users from the European Union are advised not to disclose any Personally Identifiable Information to us. Information submitted to this Website is housed on servers located in the United States.
We collect Personally Identifiable Information at various times when you use our Website. Some of the places where we collect such information includes, but is not limited to, the following:
Emails, contact forms, questionnaires, and other forms you submit to us;
Your applications and transactions with the Novae Financing Programs, including those involving the Funding Participants;
Requests for pre-qualification for credit; and
Requests regarding qualified merchants.
Additionally, each time you visit the Website, the web server may automatically collect certain types of non-Personally Identifiable Information. Some examples of the non-Personally Identifiable Information we may automatically collect include:
Information about your Internet service provider, browser, operating system, and device;
Cookie information to recognize when you are visiting the Website;
Data related to your location at the time of accessing our Website, and
Beacons to know if a certain page was visited or an email was opened.
We may use your Personally Identifiable Information for the following purposes:
To process transactions you request;
To assess your creditworthiness when you apply for credit or to pre-qualify you for credit;
To manage loans or other accounts you have with us;
To communicate with you about your Novae Financing Program loans or credit accounts and the use of our Website;
To advise you of promotions, sales, or other special opportunities;
To market goods or services offered by:
As directed or authorized by you; or
As permitted by law.
We may use non-Personally Identifiable Information, including, but not limited to, aggregate or anonymized information for any purpose consistent with law.
By accessing our Website, you authorize us to disclose your Personally Identifiable Information to affiliated and unaffiliated third-parties as follows:
To companies in our corporate group;
To third parties, including Funding Participants, loan servicers, financial services providers (such as credit bureaus, securities broker-dealers, and insurance companies), companies with which we have joint marking agreements, merchants and retailers, companies that help market our products, and non-profit organizations;
To selected businesses, such as online and offline advertisers, so they can market products and services to you;
As directed or authorized by you; or
As permitted by law.
California Residents: Other than as required or permitted by law, we will not disclose Personally Identifiable Information about you to other financial service providers with which we have joint marketing agreements, unless you authorize us to do so.
We do not knowingly solicit or collect Personally Identifiable Information about children under the age of 18. Our Website is not designed for or directed to children under the age of 18. If we become aware that a child under the age of 18 has provided Personally Identifiable Information to us, we will delete the information from our records. If you become aware of any Personally Identifiable Information we collected from children under 18, please contact us at email@example.com.
We and our third-party service providers use reasonable technical, administrative, and physical safeguards to secure your Personally Identifiable Information.
We take steps to protect the confidentiality of Personally Identifiable Information, including, but not limited to, Social Security numbers, and prohibit the unlawful disclosure of such information. We limit access to such Personally Identifiable Information.
Although we work to protect your Personally Identifiable Information, you should be aware that no technology is perfect and that there is always some risk involved in transferring data over the Internet, particularly if you send information to us through an unsecured means, such as email.
Information retained in our active databases. If you would like to review or correct any Personally Identifiable Information we have retained about you in our active databases, please send an e-mail request to firstname.lastname@example.org.
Opting out from our solicitations. If you receive a marketing e-mail from the Novae Financing Program relating to any offer or promotion and wish to be removed from future email solicitations, you will have the option to do so. If you opt out, the only future email communication you will receive from us will be (a) transactional or relationship messages, such as activity alerts and payment reminder messages; (b) in response to questions from you; or (c) to resolve any customer service issues you may have reported.
Information relating to services provided by our service providers and lenders. If you need help accessing your information related to a service provided by one of our service providers or information held by your lender, we will assist you by referring you to the appropriate third party. Please contact us for that information by submitting an e-mail request to email@example.com.
Limiting Information Sharing. You may limit when we may share information about you. You may exercise one or more of your opt-out choices described. Write to us at Novae Financing, Inc. Attn: Information Sharing Opt-Out, 222 5th Avenue, Floor 5, New York, NY 10001. If you write to us, please include your account number, contact phone number, and full name on the account. If you have a joint account, your opt-out applies to every person on the account. If you have multiple accounts with us, you must opt-out separately for each account.
You have the right to control whether we share some of your personal information and you may opt out of any sharing of your information with any party for compensation.
You also have the right to request that we disclose to you the categories and specific pieces of information that we have collected about you by sending a written request to.
Attn: Privacy Administrator
1506 Klondike Rd SW Ste 403
Conyers, GA 30094
We will respond within thirty (30) calendar days of receiving your request by providing a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding twelve months along with the names and addresses of these third parties.
You also have the right to request that we delete your personal information that we have collected from you by sending a written request to the address listed above. We will respond to any such requests by mail free of charge to you.
Please read the following information carefully before you make your choices below.
We are required by the California Financial Information Privacy Act to provide this notice to you annually.
This Privacy Notice applies to Novae Financing and its subsidiaries.
You have the following rights to restrict the sharing of personal and financial information with our affiliates (companies we own or control) and outside companies with which we do business. Nothing in this form prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on your accounts with us. This includes sending you information about some other products or services.
Restrict Information Sharing With Companies We Own or Control (Affiliates): Unless you say "No," we may share personal and financial information about you with our affiliated companies or subsidiaries.
[ ] NO, please do not share personal and financial information with your affiliated companies or subsidiaries.
Restrict Information Sharing With Other Companies We Do Business With To Provide Financial Products And Services: Unless you say "No," we may share personal and financial information about you with outside companies we contract with to provide financial products and services.
[ ] NO, please do not share personal and financial information with outside companies you contract with to provide financial products and services.
TIME SENSITIVE REPLY
You may make your privacy choice(s) at any time. Your choice(s) will remain unless you state otherwise. However, if we do not hear from you we may share some of your information with affiliated companies and other companies with whom we have contracts to provide products and services.
To exercise your choices do one of the following:
Please note that in order for us to process your request, the address you provide below must be a California address you've given to us in relation to your account.
Last name (please print):___________________________
Mailing Address (if different than the street address):
We may provide this information in a standardized format that is not specific to you. The designated e-mail address for these requests is firstname.lastname@example.org.