Terms Of Use

Terms Of Use

Terms Of Use

Last Updated: Feb 16, 2024


POSSIBLE FINANCE TERMS OF USE

These Terms of Use (“Terms of Use”) are applicable to your access and use of any products or services offered on www.possiblefinance.com and its affiliated pages (“Site”) and/or the web application, android and iOS mobile application when available (“App” and, together with the Site, the “Services”) operated by or on behalf of Possible Financial Inc. (“Possible Finance,” “Possible,” “we” or “us”). Your access to and use of the Services, and the information and services available through the Services, are subject to the terms, conditions, and notices contained in or referenced in these Terms of Use, regardless of whether you possess an account through the Services, as well as any written agreement between us and you. In addition, when using particular services or materials on the Services, you will be subject to any posted rules applicable to those services or materials that may contain terms and conditions in addition to those in these Terms of Use.

THESE TERMS OF USE ALSO INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.

Your Use as Assent

By accessing or using the Services, you agree to these Terms of Use. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Services.

Modification and Your Continued Use as Assent to Modified Terms

The Services, as well as the information, materials, graphics, arrangement, design, text, sound, content, files, code, documents, text, photographs and other items contained on the Services or made available for use or download through the Services (collectively, the “Content”) and these Terms of Use are subject to change any time, without notice. Any dated information is published as of that date. Possible Finance has no obligation or responsibility to update or amend any such information.

Possible Finance reserves the right to modify or terminate any Content or the Services at any time, without prior notice. You agree to review the Content periodically to ensure that you are aware of any modifications. If you continue to use the Services after modifications are effective, you agree to the Content as modified.

Content of Services

The Services and all intellectual property pertaining to or contained in the Services are protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Possible Finance. You are authorized solely to view and retain a copy of the pages of the Site or the App for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Services, or any portion of the Services for any public or commercial use without the express written consent of Possible Finance.

Possible Finance Services

Installment Loans: Possible Finance offers installment loans, where available, for the purpose of providing a consumer loan at an affordable interest rate (“Possible Loan”). For all states, except California, Florida (for loans generated prior to 6/15/22), Idaho, Louisiana, Ohio, Utah, and Washington, installment loans are issued by Coastal Community Bank, member FDIC (“CCB”), subject to approved underwriting practices. Visit possiblefinance.com for a full list of states where the Possible Loan is available, copies of applicable licenses and state-specific disclosures.

Possible Finance Card: The Possible Finance-branded credit card (“Possible Card”) is offered and serviced by Possible Finance and issued by CCB, subject to approved underwriting practices.

Use of the Services

The Services are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not use the Services. Any unauthorized or illegal use of the Services is strictly prohibited. Possible Finance does not knowingly collect personal information from any child under the age of thirteen (13).

You agree not to attempt to access the Services from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Countries under sanctions may be found on the United States Department of the Treasury website. Any attempt to access the Services from such a country may result in your access being restricted or terminated. Your use of the Services may be monitored, tracked and recorded. By using the Services, you expressly consent to such monitoring, tracking and recording. Your use of the Services is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Services for any commercial purpose.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Services or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Services. You agree that when using the Services, you will not misrepresent your identity or impersonate any other person. By using the Services, you certify that any information you input is accurate.

You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Services in accordance with these Terms of Use. You understand and agree that your use of the Services are at your own discretion and at your own risk. By using the Services, you understand and agree that Possible Finance disclaims any liability for any direct, indirect, incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common law) damages that may arise out of your access or use of the Services, or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.

If Possible Finance provides you with a secure means of accessing a portion of the Services (such as a user ID and password) you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials and you may be refused future access to the Services. You agree that you will immediately notify Possible Finance of any unauthorized use of your log-in credentials or other breach of security known to you.

Linking your Bank Account; ACH Payments

You are required to link a bank account in order to establish eligibility for Services. When you link a bank account you represent and warrant that you have full authority to execute debit and credit authorizations to and from the account. By linking your bank account with the Services, you will be able to receive fund transfers and pay the fees due for your use of our Services by using Automated Clearing House (“ACH”). Whenever you choose to pay by ACH, you are authorizing Possible Finance (or its agent) to transfer funds into your bank or debit your bank account for the total amount of the fees due. If you choose ACH and enroll in automatic payments, Possible Finance will use ACH to automatically debit your linked bank account on your payment due date in the amount authorized by you.

You have the right to refuse bank transfers and debit via ACH. You may contact help@possiblefinance.com for alternative transfer options. All questions relating to any transactions made using your bank account by us should be initially directed to us, but may also require involvement of your bank.

If you believe that any payment transaction initiated by Possible Finance (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible as at help@possiblefinance.com. We reserve the right to cancel the ability to pay by bank account for any reason at any time.

Notifications

If you opt in to receiving notifications via the App, you must safeguard your device and not hold us responsible if a third party accesses any notification we initiate. You will not receive our notifications on your device if it is turned off, the App is deleted from your device, or your device is otherwise incapable of receiving notifications. We are not responsible for any failures on the part of your telecommunications or internet provider to properly enable your receipt of notifications.

Error Resolution Notice

In case of errors or questions about electronic transfers related to a Possible Loan, call us at 844-849-7207 or write us at help@possiblefinance.com as soon as you can. For errors or questions about electronic transfers or transactions for a Possible Card, please review the Cardholder Agreement.

Digital Millennium Copyright Act

Possible Finance respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by providing us the following information:

  • 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 at a single online site or mobile application are covered by a single notification, a representative list of such works;

  • 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 the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider 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, its agent, or the law; 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.

Notices of the foregoing copyright issues should be sent as follows:

By Mail: Possible Financial Inc., 2231 1st Avenue, Suite #B, Seattle WA, 98121.

By E-Mail: help@possiblefinance.com

Possible Finance will take appropriate action following receipt of the above information including removal of any infringing material if necessary.

Security

You acknowledge and agree that internet or mobile transmissions are never completely private or secure and that any message or information you send through the Services may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. You have an obligation to safeguard your device and login credentials to avoid unauthorized access by third parties. In addition, as a condition of your use of the Services, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Services). If you become involved in any violation of system security, we reserve the right to release your details to system administrators of other sites or mobile applications in order to assist them in resolving security incidents.

Links to Other Sites or Applications

Possible Finance may establish on the Site or the App links and pointers to other websites or mobile applications that are operated and maintained by third parties (“Third Party Sites or Apps”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to Third-Party Sites or Apps is not a recommendation or endorsement by Possible Finance of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Sites or Apps.

Possible Finance makes no warranties, either express or implied, concerning the content of any Third-Party Sites or Apps, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Possible Finance does not warrant that any Third-Party Site or App is free from any claims of copyright, trademark or other infringement. Possible Finance does not warrant that any Third-Party Site or App is free from any viruses or other contamination.

You understand that Third Party Sites and Apps may have a privacy policy that is different from that of Possible Finance and that Third-Party Sites and Apps may provide less security than this Site or this App. The choice to access a Third-Party Site or App, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site or App is yours, in your sole discretion.

Consent to Receive Direct Marketing Communications

By using the Services, you agree to receive direct marketing communications from Possible Finance. If you do not wish to receive marketing communications from us, you may express your choice where indicated on the applicable communication.

Third Party Partners: Plaid and Yodlee

Possible uses Plaid Technologies, Inc. (“Plaid”) and Yodlee (“Yodlee”) to gather your bank account data from financial institutions. By using the Services, you grant Possible Finance, Plaid and Yodlee the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You represent and warrant that you have full authority to share information from any bank account that you link with us via Plaid and/or Yodlee. You further agree to your personal and financial information being transferred, stored, and processed by Plaid or Yodlee in accordance with the Plaid and/or Yodlee privacy policy.

If you discontinue use of Plaid or Yodlee for any reason, Possible has the right to immediately deny you Services provided by Possible or deny you future access to the Services.

Potential for Disruptions in Service

You understand and agree that from time to time that the Services may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Possible Finance and despite commercially reasonable processes and procedures implemented by Possible Finance to maintain the Services.

Ownership of Data

You understand that all personal information provided by you through the App, Services, or all reports, results, and/or information created, compiled, analyzed and/or derived by Possible Finance from such data is the sole and exclusive property of Possible Finance and is considered Possible Finance’s confidential information pursuant to these Terms of Use. Possible Finance shall have the right to use, market and re-market any data without further obligation to you.

Disclaimer

Possible Finance does not promise that the Services or any Content, document, or feature of the Services will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Services will provide specific results. The material in the Services could include technical inaccuracies or typographical errors. The Services are delivered on an “as-is” and “as-available” basis.

POSSIBLE FINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POSSIBLE FINANCE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

Limitation of Liability

Except where prohibited by law, neither Possible Finance, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Possible Finance has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, Possible Finance’s maximum liability for all claims arising out of or relating to the Services or the Content, whether in contract, tort or otherwise shall be limited to the amount you paid to access the Services. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

By using the Services, you agree to defend, indemnify, and hold harmless Possible Finance from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Possible Finance may become obligated to pay arising or resulting from your use of the Services, the Content, or your breach of these Terms of Use. Possible Finance reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

Possible Finance does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Possible Finance. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

Law, Jurisdiction, Venue, One Year to File a Claim

The Site and the App is located in the State of Washington. These Terms of Use and the relationship between you and Possible Finance shall be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in New Castle County, Delaware, and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Services or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Services or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Termination

Possible Finance may terminate these Terms of Use or suspend or terminate your use of the Services without notice, at any time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolutions provisions.

Electronic Communication

When you use the Services or send text messages or e-mails to us, you are communicating with us electronically. We process and communicate information electronically. We may contact you by electronic message, SMS or text message, email, or by posting notices via the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are obligated to keep us informed of any change in your electronic address or mailing address. You may update such information by logging into the App and providing the updated information.

Mobile Terms

By opting into or using Possible Finance’s text messaging services, you have read and accept these Mobile Terms.

By Opting In: You authorize Possible Finance to send text messages to the mobile phone number you have provided (or if none, the number on file for the account associated with your opt-in or Services) using an automated telephone dialing system for marketing offers, educational content, and product updates. You understand your authorization to receive marketing text messages is not a requirement to receive services from Possible Finance. By voluntarily opting-in, you consent to Possible Finance’s use of your personal information to provide services you have requested, including services that display customized content and advertising.

Possible Finance may also offer various services that enable or incorporate transactional text messaging, including, but not limited to, one-to-one messaging, text-message receipts, and other informational alerts. By providing your mobile phone number to Possible Finance, you consent to receive non-marketing mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized.

You may also opt into receiving messages from Possible Finance over Social Media Platforms, including, but not limited to, Facebook, Instagram, WhatsApp, Snapchat, and Tik Tok (collectively, “Social Media Platforms”). By consenting to communicate with Possible Finance through a particular Social Media Platform, you agree that you are bound to these Mobile Terms, in addition to complying with the applicable Social Media Platform provider’s terms of service.

Cost and Frequency: Message and data rates may apply. Text messaging services involve recurring mobile messages, and additional mobile messages may be sent based on your interaction with Possible Finance. Message frequency may vary.

Contact Information: For support, text “HELP” to any Possible Finance text message or email support@possiblefinance.com.

Opting Out and Additional Information: To opt out of receiving text messages, reply “STOP” to any text message you received from Possible Finance or email support@possiblefinance.com. You may receive an additional text message confirming your decision to opt out.

Supported Carriers Include: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA & Metro PCS. Carriers are not liable for delayed or undelivered messages.

Warranty: Possible Finance will not be liable for any delays or failures in the receipt of any messages. Delivery of messages is subject to effective transmission from your wireless service provider/network operator and is outside of Possible Finance’s control.

Privacy Policy: By opting into or enrolling in text messaging services, you acknowledge that you have reviewed and understand our Privacy Policy at https://www.possiblefinance.com/privacy-policy/ and consent to the practices described therein.

Arbitration Provision

THIS ARBITRATION PROVISION MAY SUBSTANTIALLY LIMIT OR AFFECT YOUR RIGHTS. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY AND KEEP IT FOR YOUR RECORDS.

Dispute Resolution and Arbitration: You and Possible Finance agree that any dispute, claim, or controversy between you and Possible Finance arising in connection with or relating in any way to these Terms of Use will be determined by mandatory binding individual (not class) arbitration. You and Possible Finance further agree that the arbitrator shall have the exclusive power to rule on their own jurisdiction. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Other rights that you would have if you went to court may also not be available in arbitration. This arbitration provision will survive termination of these Terms of Use.

Certain Definitions: “Claim” means any past, present, or future claim, dispute, or controversy between you and us that in any way arises from or relates to these Terms of Use or your use of Services. “Claims” has the broadest reasonable meaning and includes initial claims, counterclaims, cross-claims, and third-party claims. It includes disputes based on contract, tort, consumer rights, fraud, and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). “Administrator” means the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.; JAMS, 1920 Main St. at Gillette Ave., Suite 300, Irvine, CA 92614, www.jamsadr.com; or any other company selected by mutual agreement of the parties, provided that the Administrator must not have in place a formal or informal policy that is inconsistent with and purports to override the terms and conditions set forth below in the section captioned “Prohibitions Against Certain Proceedings.” The party initiating an arbitration gets to select the Administrator.

Prohibitions Against Certain Proceedings: NOTWITHSTANDING ANY OTHER LANGUAGE IN THIS ARBITRATION PROVISION TO THE CONTRARY, FOR CLAIMS SUBJECT TO ARBITRATION: (1) YOU MAY NOT PARTICIPATE IN A CLASS ACTION IN COURT OR IN A CLASS-WIDE ARBITRATION EITHER AS A PLAINTIFF, CLASS REPRESENTATIVE OR CLASS MEMBER; (2) YOU MAY NOT ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION OR TO GRANT ANY RELIEF THAT APPLIES TO ANY PERSON OTHER THAN YOU AND US INDIVIDUALLY (“Class Action Waiver”).

Initiating Arbitration: You or we can give written notice of an intention to initiate arbitration of a claim or to require arbitration of the other party’s claim. This notice can be given by a party even if the other party has begun a lawsuit, and a party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any other Claim in the lawsuit. Any Claim will be resolved by arbitration under this Arbitration Provision and the applicable rules of the Administrator that are in effect at the time the claim is filed. The arbitrator must be a lawyer with more than 10 years of experience or a retired judge.

Notice and Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to legal@possiblefinance.com and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below (“Notice”). Possible Finance’s address for Notice is: Possible Financial Inc., Attn: General Counsel, 2231 1st Avenue, Suite #B, Seattle WA, 98121. The notice must include your name, address, telephone number, and must describe the nature and basis of the claim or dispute and set forth the specific relief sought. The party sending notice must give the other party a reasonable opportunity, not less than 30 days, to resolve the Claim.

Arbitration Location and Cost: Any arbitration hearing will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the hearing will take place in a location that is reasonably convenient for you. If either you or we require a Claim to be arbitrated, you can request us to bear the fees charged by the arbitrator. If we believe your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the arbitrator. Also, we will pay these fees if applicable law requires us to or if we must bear such fees in order for this Arbitration Provision to be enforced. Each party will bear the expense of its attorneys, experts, and witnesses.

Governing Law: This Arbitration Provision is governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1, et seq., and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, statutes of limitations and claims of privilege. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

Obtaining Information: In addition to the parties’ rights under the Administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion after allowing either party opposing the request the opportunity to object.

Effect of Arbitration Award: Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA and except for Claims involving more than $50,000 (or Claims involving requests for declaratory or injunctive relief that could cost the defendant more than $50,000). For these Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator. That panel will consider all over again any part of the initial award that is appealed. The decision of the panel will be by majority vote and will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s costs, regardless of the outcome. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees and will pay those fees if required by applicable law and/or to the extent necessary for this Arbitration Provision to be enforced. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

Continued Effect of Arbitration Provision; Severability: If any portion of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply, provided that (A) this entire Arbitration Provision (other than this sentence) shall be null and void with respect to any Claim asserted on a class, representative or multi-party basis if the Class Action Waiver IS held to be invalid, subject to any right to appeal such holding, and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.

Amendment and Termination: Notwithstanding any language in these Terms of Use the contrary: (a) we will not attempt to apply any amendment to this Arbitration Provision without your written consent if and to the extent that the amendment would affect the litigation or arbitration of any Claim that has been the subject of a prior Notice. However, this will not limit our power to waive any right we would otherwise have nor our power to afford you any additional right with respect to this Arbitration Provision. (b) We will not amend this Arbitration Provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision in its entirety.

Entire Agreement with Regard to Your Use of the Services; No Third Party Beneficiaries

These Terms of Use constitute the entire agreement between you and Possible Finance with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and Possible Finance with respect to such use are hereby superseded and canceled. These Terms of Use are between you and Possible Finance.

Last Updated: Feb 16, 2024


POSSIBLE FINANCE TERMS OF USE

These Terms of Use (“Terms of Use”) are applicable to your access and use of any products or services offered on www.possiblefinance.com and its affiliated pages (“Site”) and/or the web application, android and iOS mobile application when available (“App” and, together with the Site, the “Services”) operated by or on behalf of Possible Financial Inc. (“Possible Finance,” “Possible,” “we” or “us”). Your access to and use of the Services, and the information and services available through the Services, are subject to the terms, conditions, and notices contained in or referenced in these Terms of Use, regardless of whether you possess an account through the Services, as well as any written agreement between us and you. In addition, when using particular services or materials on the Services, you will be subject to any posted rules applicable to those services or materials that may contain terms and conditions in addition to those in these Terms of Use.

THESE TERMS OF USE ALSO INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.

Your Use as Assent

By accessing or using the Services, you agree to these Terms of Use. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Services.

Modification and Your Continued Use as Assent to Modified Terms

The Services, as well as the information, materials, graphics, arrangement, design, text, sound, content, files, code, documents, text, photographs and other items contained on the Services or made available for use or download through the Services (collectively, the “Content”) and these Terms of Use are subject to change any time, without notice. Any dated information is published as of that date. Possible Finance has no obligation or responsibility to update or amend any such information.

Possible Finance reserves the right to modify or terminate any Content or the Services at any time, without prior notice. You agree to review the Content periodically to ensure that you are aware of any modifications. If you continue to use the Services after modifications are effective, you agree to the Content as modified.

Content of Services

The Services and all intellectual property pertaining to or contained in the Services are protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Possible Finance. You are authorized solely to view and retain a copy of the pages of the Site or the App for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Services, or any portion of the Services for any public or commercial use without the express written consent of Possible Finance.

Possible Finance Services

Installment Loans: Possible Finance offers installment loans, where available, for the purpose of providing a consumer loan at an affordable interest rate (“Possible Loan”). For all states, except California, Florida (for loans generated prior to 6/15/22), Idaho, Louisiana, Ohio, Utah, and Washington, installment loans are issued by Coastal Community Bank, member FDIC (“CCB”), subject to approved underwriting practices. Visit possiblefinance.com for a full list of states where the Possible Loan is available, copies of applicable licenses and state-specific disclosures.

Possible Finance Card: The Possible Finance-branded credit card (“Possible Card”) is offered and serviced by Possible Finance and issued by CCB, subject to approved underwriting practices.

Use of the Services

The Services are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not use the Services. Any unauthorized or illegal use of the Services is strictly prohibited. Possible Finance does not knowingly collect personal information from any child under the age of thirteen (13).

You agree not to attempt to access the Services from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Countries under sanctions may be found on the United States Department of the Treasury website. Any attempt to access the Services from such a country may result in your access being restricted or terminated. Your use of the Services may be monitored, tracked and recorded. By using the Services, you expressly consent to such monitoring, tracking and recording. Your use of the Services is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Services for any commercial purpose.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Services or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Services. You agree that when using the Services, you will not misrepresent your identity or impersonate any other person. By using the Services, you certify that any information you input is accurate.

You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Services in accordance with these Terms of Use. You understand and agree that your use of the Services are at your own discretion and at your own risk. By using the Services, you understand and agree that Possible Finance disclaims any liability for any direct, indirect, incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common law) damages that may arise out of your access or use of the Services, or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.

If Possible Finance provides you with a secure means of accessing a portion of the Services (such as a user ID and password) you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials and you may be refused future access to the Services. You agree that you will immediately notify Possible Finance of any unauthorized use of your log-in credentials or other breach of security known to you.

Linking your Bank Account; ACH Payments

You are required to link a bank account in order to establish eligibility for Services. When you link a bank account you represent and warrant that you have full authority to execute debit and credit authorizations to and from the account. By linking your bank account with the Services, you will be able to receive fund transfers and pay the fees due for your use of our Services by using Automated Clearing House (“ACH”). Whenever you choose to pay by ACH, you are authorizing Possible Finance (or its agent) to transfer funds into your bank or debit your bank account for the total amount of the fees due. If you choose ACH and enroll in automatic payments, Possible Finance will use ACH to automatically debit your linked bank account on your payment due date in the amount authorized by you.

You have the right to refuse bank transfers and debit via ACH. You may contact help@possiblefinance.com for alternative transfer options. All questions relating to any transactions made using your bank account by us should be initially directed to us, but may also require involvement of your bank.

If you believe that any payment transaction initiated by Possible Finance (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible as at help@possiblefinance.com. We reserve the right to cancel the ability to pay by bank account for any reason at any time.

Notifications

If you opt in to receiving notifications via the App, you must safeguard your device and not hold us responsible if a third party accesses any notification we initiate. You will not receive our notifications on your device if it is turned off, the App is deleted from your device, or your device is otherwise incapable of receiving notifications. We are not responsible for any failures on the part of your telecommunications or internet provider to properly enable your receipt of notifications.

Error Resolution Notice

In case of errors or questions about electronic transfers related to a Possible Loan, call us at 844-849-7207 or write us at help@possiblefinance.com as soon as you can. For errors or questions about electronic transfers or transactions for a Possible Card, please review the Cardholder Agreement.

Digital Millennium Copyright Act

Possible Finance respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by providing us the following information:

  • 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 at a single online site or mobile application are covered by a single notification, a representative list of such works;

  • 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 the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider 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, its agent, or the law; 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.

Notices of the foregoing copyright issues should be sent as follows:

By Mail: Possible Financial Inc., 2231 1st Avenue, Suite #B, Seattle WA, 98121.

By E-Mail: help@possiblefinance.com

Possible Finance will take appropriate action following receipt of the above information including removal of any infringing material if necessary.

Security

You acknowledge and agree that internet or mobile transmissions are never completely private or secure and that any message or information you send through the Services may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. You have an obligation to safeguard your device and login credentials to avoid unauthorized access by third parties. In addition, as a condition of your use of the Services, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Services). If you become involved in any violation of system security, we reserve the right to release your details to system administrators of other sites or mobile applications in order to assist them in resolving security incidents.

Links to Other Sites or Applications

Possible Finance may establish on the Site or the App links and pointers to other websites or mobile applications that are operated and maintained by third parties (“Third Party Sites or Apps”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to Third-Party Sites or Apps is not a recommendation or endorsement by Possible Finance of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Sites or Apps.

Possible Finance makes no warranties, either express or implied, concerning the content of any Third-Party Sites or Apps, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Possible Finance does not warrant that any Third-Party Site or App is free from any claims of copyright, trademark or other infringement. Possible Finance does not warrant that any Third-Party Site or App is free from any viruses or other contamination.

You understand that Third Party Sites and Apps may have a privacy policy that is different from that of Possible Finance and that Third-Party Sites and Apps may provide less security than this Site or this App. The choice to access a Third-Party Site or App, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site or App is yours, in your sole discretion.

Consent to Receive Direct Marketing Communications

By using the Services, you agree to receive direct marketing communications from Possible Finance. If you do not wish to receive marketing communications from us, you may express your choice where indicated on the applicable communication.

Third Party Partners: Plaid and Yodlee

Possible uses Plaid Technologies, Inc. (“Plaid”) and Yodlee (“Yodlee”) to gather your bank account data from financial institutions. By using the Services, you grant Possible Finance, Plaid and Yodlee the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You represent and warrant that you have full authority to share information from any bank account that you link with us via Plaid and/or Yodlee. You further agree to your personal and financial information being transferred, stored, and processed by Plaid or Yodlee in accordance with the Plaid and/or Yodlee privacy policy.

If you discontinue use of Plaid or Yodlee for any reason, Possible has the right to immediately deny you Services provided by Possible or deny you future access to the Services.

Potential for Disruptions in Service

You understand and agree that from time to time that the Services may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Possible Finance and despite commercially reasonable processes and procedures implemented by Possible Finance to maintain the Services.

Ownership of Data

You understand that all personal information provided by you through the App, Services, or all reports, results, and/or information created, compiled, analyzed and/or derived by Possible Finance from such data is the sole and exclusive property of Possible Finance and is considered Possible Finance’s confidential information pursuant to these Terms of Use. Possible Finance shall have the right to use, market and re-market any data without further obligation to you.

Disclaimer

Possible Finance does not promise that the Services or any Content, document, or feature of the Services will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Services will provide specific results. The material in the Services could include technical inaccuracies or typographical errors. The Services are delivered on an “as-is” and “as-available” basis.

POSSIBLE FINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POSSIBLE FINANCE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

Limitation of Liability

Except where prohibited by law, neither Possible Finance, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Possible Finance has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, Possible Finance’s maximum liability for all claims arising out of or relating to the Services or the Content, whether in contract, tort or otherwise shall be limited to the amount you paid to access the Services. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

By using the Services, you agree to defend, indemnify, and hold harmless Possible Finance from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Possible Finance may become obligated to pay arising or resulting from your use of the Services, the Content, or your breach of these Terms of Use. Possible Finance reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

Possible Finance does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Possible Finance. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

Law, Jurisdiction, Venue, One Year to File a Claim

The Site and the App is located in the State of Washington. These Terms of Use and the relationship between you and Possible Finance shall be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in New Castle County, Delaware, and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Services or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Services or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Termination

Possible Finance may terminate these Terms of Use or suspend or terminate your use of the Services without notice, at any time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolutions provisions.

Electronic Communication

When you use the Services or send text messages or e-mails to us, you are communicating with us electronically. We process and communicate information electronically. We may contact you by electronic message, SMS or text message, email, or by posting notices via the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are obligated to keep us informed of any change in your electronic address or mailing address. You may update such information by logging into the App and providing the updated information.

Mobile Terms

By opting into or using Possible Finance’s text messaging services, you have read and accept these Mobile Terms.

By Opting In: You authorize Possible Finance to send text messages to the mobile phone number you have provided (or if none, the number on file for the account associated with your opt-in or Services) using an automated telephone dialing system for marketing offers, educational content, and product updates. You understand your authorization to receive marketing text messages is not a requirement to receive services from Possible Finance. By voluntarily opting-in, you consent to Possible Finance’s use of your personal information to provide services you have requested, including services that display customized content and advertising.

Possible Finance may also offer various services that enable or incorporate transactional text messaging, including, but not limited to, one-to-one messaging, text-message receipts, and other informational alerts. By providing your mobile phone number to Possible Finance, you consent to receive non-marketing mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized.

You may also opt into receiving messages from Possible Finance over Social Media Platforms, including, but not limited to, Facebook, Instagram, WhatsApp, Snapchat, and Tik Tok (collectively, “Social Media Platforms”). By consenting to communicate with Possible Finance through a particular Social Media Platform, you agree that you are bound to these Mobile Terms, in addition to complying with the applicable Social Media Platform provider’s terms of service.

Cost and Frequency: Message and data rates may apply. Text messaging services involve recurring mobile messages, and additional mobile messages may be sent based on your interaction with Possible Finance. Message frequency may vary.

Contact Information: For support, text “HELP” to any Possible Finance text message or email support@possiblefinance.com.

Opting Out and Additional Information: To opt out of receiving text messages, reply “STOP” to any text message you received from Possible Finance or email support@possiblefinance.com. You may receive an additional text message confirming your decision to opt out.

Supported Carriers Include: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA & Metro PCS. Carriers are not liable for delayed or undelivered messages.

Warranty: Possible Finance will not be liable for any delays or failures in the receipt of any messages. Delivery of messages is subject to effective transmission from your wireless service provider/network operator and is outside of Possible Finance’s control.

Privacy Policy: By opting into or enrolling in text messaging services, you acknowledge that you have reviewed and understand our Privacy Policy at https://www.possiblefinance.com/privacy-policy/ and consent to the practices described therein.

Arbitration Provision

THIS ARBITRATION PROVISION MAY SUBSTANTIALLY LIMIT OR AFFECT YOUR RIGHTS. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY AND KEEP IT FOR YOUR RECORDS.

Dispute Resolution and Arbitration: You and Possible Finance agree that any dispute, claim, or controversy between you and Possible Finance arising in connection with or relating in any way to these Terms of Use will be determined by mandatory binding individual (not class) arbitration. You and Possible Finance further agree that the arbitrator shall have the exclusive power to rule on their own jurisdiction. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Other rights that you would have if you went to court may also not be available in arbitration. This arbitration provision will survive termination of these Terms of Use.

Certain Definitions: “Claim” means any past, present, or future claim, dispute, or controversy between you and us that in any way arises from or relates to these Terms of Use or your use of Services. “Claims” has the broadest reasonable meaning and includes initial claims, counterclaims, cross-claims, and third-party claims. It includes disputes based on contract, tort, consumer rights, fraud, and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). “Administrator” means the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.; JAMS, 1920 Main St. at Gillette Ave., Suite 300, Irvine, CA 92614, www.jamsadr.com; or any other company selected by mutual agreement of the parties, provided that the Administrator must not have in place a formal or informal policy that is inconsistent with and purports to override the terms and conditions set forth below in the section captioned “Prohibitions Against Certain Proceedings.” The party initiating an arbitration gets to select the Administrator.

Prohibitions Against Certain Proceedings: NOTWITHSTANDING ANY OTHER LANGUAGE IN THIS ARBITRATION PROVISION TO THE CONTRARY, FOR CLAIMS SUBJECT TO ARBITRATION: (1) YOU MAY NOT PARTICIPATE IN A CLASS ACTION IN COURT OR IN A CLASS-WIDE ARBITRATION EITHER AS A PLAINTIFF, CLASS REPRESENTATIVE OR CLASS MEMBER; (2) YOU MAY NOT ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION OR TO GRANT ANY RELIEF THAT APPLIES TO ANY PERSON OTHER THAN YOU AND US INDIVIDUALLY (“Class Action Waiver”).

Initiating Arbitration: You or we can give written notice of an intention to initiate arbitration of a claim or to require arbitration of the other party’s claim. This notice can be given by a party even if the other party has begun a lawsuit, and a party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any other Claim in the lawsuit. Any Claim will be resolved by arbitration under this Arbitration Provision and the applicable rules of the Administrator that are in effect at the time the claim is filed. The arbitrator must be a lawyer with more than 10 years of experience or a retired judge.

Notice and Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to legal@possiblefinance.com and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below (“Notice”). Possible Finance’s address for Notice is: Possible Financial Inc., Attn: General Counsel, 2231 1st Avenue, Suite #B, Seattle WA, 98121. The notice must include your name, address, telephone number, and must describe the nature and basis of the claim or dispute and set forth the specific relief sought. The party sending notice must give the other party a reasonable opportunity, not less than 30 days, to resolve the Claim.

Arbitration Location and Cost: Any arbitration hearing will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the hearing will take place in a location that is reasonably convenient for you. If either you or we require a Claim to be arbitrated, you can request us to bear the fees charged by the arbitrator. If we believe your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the arbitrator. Also, we will pay these fees if applicable law requires us to or if we must bear such fees in order for this Arbitration Provision to be enforced. Each party will bear the expense of its attorneys, experts, and witnesses.

Governing Law: This Arbitration Provision is governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1, et seq., and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, statutes of limitations and claims of privilege. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

Obtaining Information: In addition to the parties’ rights under the Administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion after allowing either party opposing the request the opportunity to object.

Effect of Arbitration Award: Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA and except for Claims involving more than $50,000 (or Claims involving requests for declaratory or injunctive relief that could cost the defendant more than $50,000). For these Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator. That panel will consider all over again any part of the initial award that is appealed. The decision of the panel will be by majority vote and will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s costs, regardless of the outcome. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees and will pay those fees if required by applicable law and/or to the extent necessary for this Arbitration Provision to be enforced. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

Continued Effect of Arbitration Provision; Severability: If any portion of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply, provided that (A) this entire Arbitration Provision (other than this sentence) shall be null and void with respect to any Claim asserted on a class, representative or multi-party basis if the Class Action Waiver IS held to be invalid, subject to any right to appeal such holding, and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.

Amendment and Termination: Notwithstanding any language in these Terms of Use the contrary: (a) we will not attempt to apply any amendment to this Arbitration Provision without your written consent if and to the extent that the amendment would affect the litigation or arbitration of any Claim that has been the subject of a prior Notice. However, this will not limit our power to waive any right we would otherwise have nor our power to afford you any additional right with respect to this Arbitration Provision. (b) We will not amend this Arbitration Provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision in its entirety.

Entire Agreement with Regard to Your Use of the Services; No Third Party Beneficiaries

These Terms of Use constitute the entire agreement between you and Possible Finance with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and Possible Finance with respect to such use are hereby superseded and canceled. These Terms of Use are between you and Possible Finance.

Last Updated: Feb 16, 2024


POSSIBLE FINANCE TERMS OF USE

These Terms of Use (“Terms of Use”) are applicable to your access and use of any products or services offered on www.possiblefinance.com and its affiliated pages (“Site”) and/or the web application, android and iOS mobile application when available (“App” and, together with the Site, the “Services”) operated by or on behalf of Possible Financial Inc. (“Possible Finance,” “Possible,” “we” or “us”). Your access to and use of the Services, and the information and services available through the Services, are subject to the terms, conditions, and notices contained in or referenced in these Terms of Use, regardless of whether you possess an account through the Services, as well as any written agreement between us and you. In addition, when using particular services or materials on the Services, you will be subject to any posted rules applicable to those services or materials that may contain terms and conditions in addition to those in these Terms of Use.

THESE TERMS OF USE ALSO INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.

Your Use as Assent

By accessing or using the Services, you agree to these Terms of Use. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Services.

Modification and Your Continued Use as Assent to Modified Terms

The Services, as well as the information, materials, graphics, arrangement, design, text, sound, content, files, code, documents, text, photographs and other items contained on the Services or made available for use or download through the Services (collectively, the “Content”) and these Terms of Use are subject to change any time, without notice. Any dated information is published as of that date. Possible Finance has no obligation or responsibility to update or amend any such information.

Possible Finance reserves the right to modify or terminate any Content or the Services at any time, without prior notice. You agree to review the Content periodically to ensure that you are aware of any modifications. If you continue to use the Services after modifications are effective, you agree to the Content as modified.

Content of Services

The Services and all intellectual property pertaining to or contained in the Services are protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Possible Finance. You are authorized solely to view and retain a copy of the pages of the Site or the App for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Services, or any portion of the Services for any public or commercial use without the express written consent of Possible Finance.

Possible Finance Services

Installment Loans: Possible Finance offers installment loans, where available, for the purpose of providing a consumer loan at an affordable interest rate (“Possible Loan”). For all states, except California, Florida (for loans generated prior to 6/15/22), Idaho, Louisiana, Ohio, Utah, and Washington, installment loans are issued by Coastal Community Bank, member FDIC (“CCB”), subject to approved underwriting practices. Visit possiblefinance.com for a full list of states where the Possible Loan is available, copies of applicable licenses and state-specific disclosures.

Possible Finance Card: The Possible Finance-branded credit card (“Possible Card”) is offered and serviced by Possible Finance and issued by CCB, subject to approved underwriting practices.

Use of the Services

The Services are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not use the Services. Any unauthorized or illegal use of the Services is strictly prohibited. Possible Finance does not knowingly collect personal information from any child under the age of thirteen (13).

You agree not to attempt to access the Services from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Countries under sanctions may be found on the United States Department of the Treasury website. Any attempt to access the Services from such a country may result in your access being restricted or terminated. Your use of the Services may be monitored, tracked and recorded. By using the Services, you expressly consent to such monitoring, tracking and recording. Your use of the Services is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Services for any commercial purpose.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Services or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Services. You agree that when using the Services, you will not misrepresent your identity or impersonate any other person. By using the Services, you certify that any information you input is accurate.

You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Services in accordance with these Terms of Use. You understand and agree that your use of the Services are at your own discretion and at your own risk. By using the Services, you understand and agree that Possible Finance disclaims any liability for any direct, indirect, incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common law) damages that may arise out of your access or use of the Services, or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.

If Possible Finance provides you with a secure means of accessing a portion of the Services (such as a user ID and password) you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials and you may be refused future access to the Services. You agree that you will immediately notify Possible Finance of any unauthorized use of your log-in credentials or other breach of security known to you.

Linking your Bank Account; ACH Payments

You are required to link a bank account in order to establish eligibility for Services. When you link a bank account you represent and warrant that you have full authority to execute debit and credit authorizations to and from the account. By linking your bank account with the Services, you will be able to receive fund transfers and pay the fees due for your use of our Services by using Automated Clearing House (“ACH”). Whenever you choose to pay by ACH, you are authorizing Possible Finance (or its agent) to transfer funds into your bank or debit your bank account for the total amount of the fees due. If you choose ACH and enroll in automatic payments, Possible Finance will use ACH to automatically debit your linked bank account on your payment due date in the amount authorized by you.

You have the right to refuse bank transfers and debit via ACH. You may contact help@possiblefinance.com for alternative transfer options. All questions relating to any transactions made using your bank account by us should be initially directed to us, but may also require involvement of your bank.

If you believe that any payment transaction initiated by Possible Finance (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible as at help@possiblefinance.com. We reserve the right to cancel the ability to pay by bank account for any reason at any time.

Notifications

If you opt in to receiving notifications via the App, you must safeguard your device and not hold us responsible if a third party accesses any notification we initiate. You will not receive our notifications on your device if it is turned off, the App is deleted from your device, or your device is otherwise incapable of receiving notifications. We are not responsible for any failures on the part of your telecommunications or internet provider to properly enable your receipt of notifications.

Error Resolution Notice

In case of errors or questions about electronic transfers related to a Possible Loan, call us at 844-849-7207 or write us at help@possiblefinance.com as soon as you can. For errors or questions about electronic transfers or transactions for a Possible Card, please review the Cardholder Agreement.

Digital Millennium Copyright Act

Possible Finance respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by providing us the following information:

  • 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 at a single online site or mobile application are covered by a single notification, a representative list of such works;

  • 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 the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider 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, its agent, or the law; 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.

Notices of the foregoing copyright issues should be sent as follows:

By Mail: Possible Financial Inc., 2231 1st Avenue, Suite #B, Seattle WA, 98121.

By E-Mail: help@possiblefinance.com

Possible Finance will take appropriate action following receipt of the above information including removal of any infringing material if necessary.

Security

You acknowledge and agree that internet or mobile transmissions are never completely private or secure and that any message or information you send through the Services may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. You have an obligation to safeguard your device and login credentials to avoid unauthorized access by third parties. In addition, as a condition of your use of the Services, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Services). If you become involved in any violation of system security, we reserve the right to release your details to system administrators of other sites or mobile applications in order to assist them in resolving security incidents.

Links to Other Sites or Applications

Possible Finance may establish on the Site or the App links and pointers to other websites or mobile applications that are operated and maintained by third parties (“Third Party Sites or Apps”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to Third-Party Sites or Apps is not a recommendation or endorsement by Possible Finance of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Sites or Apps.

Possible Finance makes no warranties, either express or implied, concerning the content of any Third-Party Sites or Apps, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Possible Finance does not warrant that any Third-Party Site or App is free from any claims of copyright, trademark or other infringement. Possible Finance does not warrant that any Third-Party Site or App is free from any viruses or other contamination.

You understand that Third Party Sites and Apps may have a privacy policy that is different from that of Possible Finance and that Third-Party Sites and Apps may provide less security than this Site or this App. The choice to access a Third-Party Site or App, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site or App is yours, in your sole discretion.

Consent to Receive Direct Marketing Communications

By using the Services, you agree to receive direct marketing communications from Possible Finance. If you do not wish to receive marketing communications from us, you may express your choice where indicated on the applicable communication.

Third Party Partners: Plaid and Yodlee

Possible uses Plaid Technologies, Inc. (“Plaid”) and Yodlee (“Yodlee”) to gather your bank account data from financial institutions. By using the Services, you grant Possible Finance, Plaid and Yodlee the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You represent and warrant that you have full authority to share information from any bank account that you link with us via Plaid and/or Yodlee. You further agree to your personal and financial information being transferred, stored, and processed by Plaid or Yodlee in accordance with the Plaid and/or Yodlee privacy policy.

If you discontinue use of Plaid or Yodlee for any reason, Possible has the right to immediately deny you Services provided by Possible or deny you future access to the Services.

Potential for Disruptions in Service

You understand and agree that from time to time that the Services may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Possible Finance and despite commercially reasonable processes and procedures implemented by Possible Finance to maintain the Services.

Ownership of Data

You understand that all personal information provided by you through the App, Services, or all reports, results, and/or information created, compiled, analyzed and/or derived by Possible Finance from such data is the sole and exclusive property of Possible Finance and is considered Possible Finance’s confidential information pursuant to these Terms of Use. Possible Finance shall have the right to use, market and re-market any data without further obligation to you.

Disclaimer

Possible Finance does not promise that the Services or any Content, document, or feature of the Services will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Services will provide specific results. The material in the Services could include technical inaccuracies or typographical errors. The Services are delivered on an “as-is” and “as-available” basis.

POSSIBLE FINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POSSIBLE FINANCE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

Limitation of Liability

Except where prohibited by law, neither Possible Finance, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Possible Finance has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, Possible Finance’s maximum liability for all claims arising out of or relating to the Services or the Content, whether in contract, tort or otherwise shall be limited to the amount you paid to access the Services. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

By using the Services, you agree to defend, indemnify, and hold harmless Possible Finance from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Possible Finance may become obligated to pay arising or resulting from your use of the Services, the Content, or your breach of these Terms of Use. Possible Finance reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

Possible Finance does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Possible Finance. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

Law, Jurisdiction, Venue, One Year to File a Claim

The Site and the App is located in the State of Washington. These Terms of Use and the relationship between you and Possible Finance shall be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in New Castle County, Delaware, and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Services or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Services or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Termination

Possible Finance may terminate these Terms of Use or suspend or terminate your use of the Services without notice, at any time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolutions provisions.

Electronic Communication

When you use the Services or send text messages or e-mails to us, you are communicating with us electronically. We process and communicate information electronically. We may contact you by electronic message, SMS or text message, email, or by posting notices via the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are obligated to keep us informed of any change in your electronic address or mailing address. You may update such information by logging into the App and providing the updated information.

Mobile Terms

By opting into or using Possible Finance’s text messaging services, you have read and accept these Mobile Terms.

By Opting In: You authorize Possible Finance to send text messages to the mobile phone number you have provided (or if none, the number on file for the account associated with your opt-in or Services) using an automated telephone dialing system for marketing offers, educational content, and product updates. You understand your authorization to receive marketing text messages is not a requirement to receive services from Possible Finance. By voluntarily opting-in, you consent to Possible Finance’s use of your personal information to provide services you have requested, including services that display customized content and advertising.

Possible Finance may also offer various services that enable or incorporate transactional text messaging, including, but not limited to, one-to-one messaging, text-message receipts, and other informational alerts. By providing your mobile phone number to Possible Finance, you consent to receive non-marketing mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized.

You may also opt into receiving messages from Possible Finance over Social Media Platforms, including, but not limited to, Facebook, Instagram, WhatsApp, Snapchat, and Tik Tok (collectively, “Social Media Platforms”). By consenting to communicate with Possible Finance through a particular Social Media Platform, you agree that you are bound to these Mobile Terms, in addition to complying with the applicable Social Media Platform provider’s terms of service.

Cost and Frequency: Message and data rates may apply. Text messaging services involve recurring mobile messages, and additional mobile messages may be sent based on your interaction with Possible Finance. Message frequency may vary.

Contact Information: For support, text “HELP” to any Possible Finance text message or email support@possiblefinance.com.

Opting Out and Additional Information: To opt out of receiving text messages, reply “STOP” to any text message you received from Possible Finance or email support@possiblefinance.com. You may receive an additional text message confirming your decision to opt out.

Supported Carriers Include: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA & Metro PCS. Carriers are not liable for delayed or undelivered messages.

Warranty: Possible Finance will not be liable for any delays or failures in the receipt of any messages. Delivery of messages is subject to effective transmission from your wireless service provider/network operator and is outside of Possible Finance’s control.

Privacy Policy: By opting into or enrolling in text messaging services, you acknowledge that you have reviewed and understand our Privacy Policy at https://www.possiblefinance.com/privacy-policy/ and consent to the practices described therein.

Arbitration Provision

THIS ARBITRATION PROVISION MAY SUBSTANTIALLY LIMIT OR AFFECT YOUR RIGHTS. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY AND KEEP IT FOR YOUR RECORDS.

Dispute Resolution and Arbitration: You and Possible Finance agree that any dispute, claim, or controversy between you and Possible Finance arising in connection with or relating in any way to these Terms of Use will be determined by mandatory binding individual (not class) arbitration. You and Possible Finance further agree that the arbitrator shall have the exclusive power to rule on their own jurisdiction. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Other rights that you would have if you went to court may also not be available in arbitration. This arbitration provision will survive termination of these Terms of Use.

Certain Definitions: “Claim” means any past, present, or future claim, dispute, or controversy between you and us that in any way arises from or relates to these Terms of Use or your use of Services. “Claims” has the broadest reasonable meaning and includes initial claims, counterclaims, cross-claims, and third-party claims. It includes disputes based on contract, tort, consumer rights, fraud, and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). “Administrator” means the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.; JAMS, 1920 Main St. at Gillette Ave., Suite 300, Irvine, CA 92614, www.jamsadr.com; or any other company selected by mutual agreement of the parties, provided that the Administrator must not have in place a formal or informal policy that is inconsistent with and purports to override the terms and conditions set forth below in the section captioned “Prohibitions Against Certain Proceedings.” The party initiating an arbitration gets to select the Administrator.

Prohibitions Against Certain Proceedings: NOTWITHSTANDING ANY OTHER LANGUAGE IN THIS ARBITRATION PROVISION TO THE CONTRARY, FOR CLAIMS SUBJECT TO ARBITRATION: (1) YOU MAY NOT PARTICIPATE IN A CLASS ACTION IN COURT OR IN A CLASS-WIDE ARBITRATION EITHER AS A PLAINTIFF, CLASS REPRESENTATIVE OR CLASS MEMBER; (2) YOU MAY NOT ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION OR TO GRANT ANY RELIEF THAT APPLIES TO ANY PERSON OTHER THAN YOU AND US INDIVIDUALLY (“Class Action Waiver”).

Initiating Arbitration: You or we can give written notice of an intention to initiate arbitration of a claim or to require arbitration of the other party’s claim. This notice can be given by a party even if the other party has begun a lawsuit, and a party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any other Claim in the lawsuit. Any Claim will be resolved by arbitration under this Arbitration Provision and the applicable rules of the Administrator that are in effect at the time the claim is filed. The arbitrator must be a lawyer with more than 10 years of experience or a retired judge.

Notice and Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to legal@possiblefinance.com and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below (“Notice”). Possible Finance’s address for Notice is: Possible Financial Inc., Attn: General Counsel, 2231 1st Avenue, Suite #B, Seattle WA, 98121. The notice must include your name, address, telephone number, and must describe the nature and basis of the claim or dispute and set forth the specific relief sought. The party sending notice must give the other party a reasonable opportunity, not less than 30 days, to resolve the Claim.

Arbitration Location and Cost: Any arbitration hearing will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the hearing will take place in a location that is reasonably convenient for you. If either you or we require a Claim to be arbitrated, you can request us to bear the fees charged by the arbitrator. If we believe your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the arbitrator. Also, we will pay these fees if applicable law requires us to or if we must bear such fees in order for this Arbitration Provision to be enforced. Each party will bear the expense of its attorneys, experts, and witnesses.

Governing Law: This Arbitration Provision is governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1, et seq., and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, statutes of limitations and claims of privilege. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

Obtaining Information: In addition to the parties’ rights under the Administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion after allowing either party opposing the request the opportunity to object.

Effect of Arbitration Award: Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA and except for Claims involving more than $50,000 (or Claims involving requests for declaratory or injunctive relief that could cost the defendant more than $50,000). For these Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator. That panel will consider all over again any part of the initial award that is appealed. The decision of the panel will be by majority vote and will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s costs, regardless of the outcome. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees and will pay those fees if required by applicable law and/or to the extent necessary for this Arbitration Provision to be enforced. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

Continued Effect of Arbitration Provision; Severability: If any portion of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply, provided that (A) this entire Arbitration Provision (other than this sentence) shall be null and void with respect to any Claim asserted on a class, representative or multi-party basis if the Class Action Waiver IS held to be invalid, subject to any right to appeal such holding, and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.

Amendment and Termination: Notwithstanding any language in these Terms of Use the contrary: (a) we will not attempt to apply any amendment to this Arbitration Provision without your written consent if and to the extent that the amendment would affect the litigation or arbitration of any Claim that has been the subject of a prior Notice. However, this will not limit our power to waive any right we would otherwise have nor our power to afford you any additional right with respect to this Arbitration Provision. (b) We will not amend this Arbitration Provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision in its entirety.

Entire Agreement with Regard to Your Use of the Services; No Third Party Beneficiaries

These Terms of Use constitute the entire agreement between you and Possible Finance with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and Possible Finance with respect to such use are hereby superseded and canceled. These Terms of Use are between you and Possible Finance.

Scan the code and get started today in just a few minutes.

All products are subject to eligibility and approval by Possible Financial Inc. dba “Possible Finance” and “Possible” or its banking partner Coastal Community Bank. Eligibility for a product is not guaranteed.

For Loans, Possible Finance has direct lending licenses in CA, FL, ID, LA, OH, UT and WA. Florida Residents (for loans generated prior to 6/15/22): License #FT340001187; Idaho Residents: License #RRL-10073; Louisiana Residents: License #1697898; Ohio Residents: License #ST.760161.000; Washington License #530-CC/SL-111888. California Residents: Possible Finance is licensed by the Department of Financial Protection and Innovation, pursuant to the California Deferred Deposit Transaction Law, License #10DBO-105848.

Loans in AL, DE, FL, IA, IN, KS, KY, MI, MO, MS, OK, RI, SC, TN, and TX are made by Coastal Community Bank, and serviced by Possible Finance. Texas Residents: Possible Finance is a licensed Credit Access Business; License #1800061850-160823.

*Maximum loan amounts vary by state. In California, max loan amount is $250.

^Funds disbursement typically occurs within minutes of approval but can take up to five days.

Possible Cards in AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, and WY are issued by Coastal Community Bank, and serviced by Possible Finance. Arizona Residents: Licenses #CA-1033558, CA-1041621, and #CA-1041622; Louisiana Residents: Registration #446766611; Massachusetts Residents: Registration #LS1697898; New Jersey: Registration #19095; North Dakota Residents: License #MB104104; Oregon Residents: License #1697898; Pennsylvania Residents: Registration #95262; South Dakota Residents: License #1697898.MYL; Vermont Residents: License #LSO-1697898; Washington Residents: License #6041888588-001-0001: West Virginia Residents: Registration #2417-3349.

Possible Card is issued by Coastal Community Bank, pursuant to its license with Mastercard International Incorporated.

All trademarks and brand names are property of their respective owners. Use of them does not imply any affiliation with or endorsement by them.

Possible Financial Inc.© 2022 (NMLS #1697898) 2231 1st Ave., Suite B, Seattle WA 98121

All products are subject to eligibility and approval by Possible Financial Inc. dba “Possible Finance” and “Possible” or its banking partner Coastal Community Bank. Eligibility for a product is not guaranteed.

For Loans, Possible Finance has direct lending licenses in CA, FL, ID, LA, OH, UT and WA. Florida Residents (for loans generated prior to 6/15/22): License #FT340001187; Idaho Residents: License #RRL-10073; Louisiana Residents: License #1697898; Ohio Residents: License #ST.760161.000; Washington License #530-CC/SL-111888. California Residents: Possible Finance is licensed by the Department of Financial Protection and Innovation, pursuant to the California Deferred Deposit Transaction Law, License #10DBO-105848.

Loans in AL, DE, FL, IA, IN, KS, KY, MI, MO, MS, OK, RI, SC, TN, and TX are made by Coastal Community Bank, and serviced by Possible Finance. Texas Residents: Possible Finance is a licensed Credit Access Business; License #1800061850-160823.

*Maximum loan amounts vary by state. In California, max loan amount is $250.

^Funds disbursement typically occurs within minutes of approval but can take up to five days.

Possible Cards in AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, and WY are issued by Coastal Community Bank, and serviced by Possible Finance. Arizona Residents: Licenses #CA-1033558, CA-1041621, and #CA-1041622; Louisiana Residents: Registration #446766611; Massachusetts Residents: Registration #LS1697898; New Jersey: Registration #19095; North Dakota Residents: License #MB104104; Oregon Residents: License #1697898; Pennsylvania Residents: Registration #95262; South Dakota Residents: License #1697898.MYL; Vermont Residents: License #LSO-1697898; Washington Residents: License #6041888588-001-0001: West Virginia Residents: Registration #2417-3349.

Possible Card is issued by Coastal Community Bank, pursuant to its license with Mastercard International Incorporated.

All trademarks and brand names are property of their respective owners. Use of them does not imply any affiliation with or endorsement by them.

Possible Financial Inc.© 2022 (NMLS #1697898) 2231 1st Ave., Suite B, Seattle WA 98121

Scan the code and get started today in just a few minutes.

All products are subject to eligibility and approval by Possible Financial Inc. dba “Possible Finance” and “Possible” or its banking partner Coastal Community Bank. Eligibility for a product is not guaranteed.

For Loans, Possible Finance has direct lending licenses in CA, FL, ID, LA, OH, UT and WA. Florida Residents (for loans generated prior to 6/15/22): License #FT340001187; Idaho Residents: License #RRL-10073; Louisiana Residents: License #1697898; Ohio Residents: License #ST.760161.000; Washington License #530-CC/SL-111888. California Residents: Possible Finance is licensed by the Department of Financial Protection and Innovation, pursuant to the California Deferred Deposit Transaction Law, License #10DBO-105848.

Loans in AL, DE, FL, IA, IN, KS, KY, MI, MO, MS, OK, RI, SC, TN, and TX are made by Coastal Community Bank, and serviced by Possible Finance. Texas Residents: Possible Finance is a licensed Credit Access Business; License #1800061850-160823.

*Maximum loan amounts vary by state. In California, max loan amount is $250.

^Funds disbursement typically occurs within minutes of approval but can take up to five days.

Possible Cards in AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, and WY are issued by Coastal Community Bank, and serviced by Possible Finance. Arizona Residents: Licenses #CA-1033558, CA-1041621, and #CA-1041622; Louisiana Residents: Registration #446766611; Massachusetts Residents: Registration #LS1697898; New Jersey: Registration #19095; North Dakota Residents: License #MB104104; Oregon Residents: License #1697898; Pennsylvania Residents: Registration #95262; South Dakota Residents: License #1697898.MYL; Vermont Residents: License #LSO-1697898; Washington Residents: License #6041888588-001-0001: West Virginia Residents: Registration #2417-3349.

Possible Card is issued by Coastal Community Bank, pursuant to its license with Mastercard International Incorporated.

All trademarks and brand names are property of their respective owners. Use of them does not imply any affiliation with or endorsement by them.

Possible Financial Inc.© 2022 (NMLS #1697898) 2231 1st Ave., Suite B, Seattle WA 98121