Terms of Service

 

 

POSSIBLE FINANCIAL, INC. 

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”).  IF YOU DO NOT AGREE TO THE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SERVICES.

This Agreement covers the “Services” defined as any products or services offered on the Possible Finance website and its affiliated pages (the “Site”) and/or on the android and iOS mobile application (the “App”).

These Services are offered to you by Possible Financial, Inc (“Possible Finance”) for the purpose of providing an installment based loan to you at an affordable interest rate.

1. Your Use as Assent

The Services are the property of Possible Finance.  As long as you comply with these Terms of Use, Possible Finance grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

2.     Modification and Your Continued Use as Assent to Modified Terms

The Site or the App, as well as the products, services, information, materials, graphics, arrangement, design, text, sound, content, files, code, documents, text, photographs and other items contained on the Site and the App or made available for use or download through the Site or the App (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 terminate any Content, the Site, or the App at any time, without prior notice.  Possible Finance reserves the right to modify any of the Content at any time, without notice.  You agree to review the Content on the Site periodically to ensure that you are aware of any modifications.  If you continue to use the Site or the App after modifications are effective, you agree to the Content as modified. 

3.     Content of Site or App

Possible Finance does not promise that the Site, the App, or any Content, document, or feature of the Site or the App 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 Site or the App could include technical inaccuracies or typographical errors. The Site, the App, and its content are delivered on an "as-is" and "as-available" basis.

The Site, the App, and all intellectual property pertaining to or contained in the Site or the App is 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 Site or the App, or any portion of the Site or the App for any public or commercial use without the express written consent of Possible Finance.

4.     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 Site or the App.  You may view the Content contained on the Site or the App and print pages from the Site or the App only for informational, non-commercial purposes.  Any unauthorized or illegal use of the Services or the Content is strictly prohibited.  Possible Finance does not knowingly collect personal information from any child under the age of eighteen (18).

You agree not to attempt to log onto the Site or the App 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 log onto the Site or the App 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 Content, the Site, or the App for any commercial purpose.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site, the App, 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 Site or the App.  You agree that when using the Services you will not misrepresent your identity or impersonate any other person. By using the Site or the App 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 (whether based in contract, tort, negligence, strict liability, or otherwise) 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 Site or the App, 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 Site or the App (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 Site or the App.  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. 

5.     ACH Payments

By linking your bank account in the App, you will be able to receive loan 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 chose ACH, when your loan payments become due Possible Finance will use ACH to automatically debit your linked bank account by the amount agreed in your loan agreement.

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.

6.     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 for 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 on-line 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., 1929 Third Avenue, Seattle WA, 98101.

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.  

7.     Security

You acknowledge and agree that Internet or mobile transmissions are never completely private or secure and that any message or information you send to the Site or the App may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.  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 Site or Services) is strictly prohibited.  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.   

8.     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.

9.     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. 

10.  Third Party Partners

Possible uses Plaid Technologies, Inc. ("Plaid") and Yodlee (“Yodlee”) to gather End User data from financial institutions. By using our service, 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 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, Yodlee or Dwolla for any reason, Possible has the right to immediately deny you Services provided by Possible or deny you future access to the Site or the App.

11.  Dwolla Platform

In order to use the payment functionality of Possible Finance’s application, you must open a “Access API” account provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize Possible Finance to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Possible Finance’s application, and Dwolla account notifications will be sent by Possible Finance, not Dwolla. Possible Finance will provide customer support for your Dwolla account activity, and can be reached at www.possiblefinance.com, help@possiblefinance.com and +1 (206) 202-5115.

12.  Potential for Disruptions in Service

You understand and agree that from time to time the Site or the App 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 of commercially reasonable processes and procedures implemented by Possible Finance to maintain the Site or the App. 

13.  Ownership of Data

You understand that all personal information provided by you through the Application, website 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 Financial’s Confidential Information pursuant to this Agreement. Possible Finance shall have the right to use, market and re-market any data without further obligation to you.

14.  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 this site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access the Site or the App.  Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

15.  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.

16.  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.

17.  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 Washington without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in King County, Washington, 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 Site, the App, 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 Site, the App, or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

18.  Termination

Possible Finance may terminate this 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 service termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolutions provisions. 

19.  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 cancelled.  This Agreement is between you and Possible Finance. 

20.  SynapseFI Platform

SynapseFI is our backend software provider, and partner of Evolve Bank & Trust (Evolve), member FDIC. SynapseFI’s API, and their relationship with Evolve, enables us to offer banking services and products. By agreeing to Possible Finance’s TOS and Privacy Policy, you also agree to SynapseFI’s terms and policies below: https://synapsefi.com/tos-evolve and https://synapsefi.com/privacy