Last Updated: May 20, 2022
Your Use as Assent
Modification and Your Continued Use as Assent to Modified Terms
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.
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 [email protected] 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 [email protected] We reserve the right to cancel the ability to pay by bank account for any reason at any time.
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 [email protected] 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: [email protected]
Possible Finance will take appropriate action following receipt of the above information including removal of any infringing material if necessary.
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.
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
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
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.
Severability and Waiver
Law, Jurisdiction, Venue, One Year to File a Claim
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.
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 advertisements, marketing, alerts, offers, or other messages. 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 [email protected]
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 [email protected] 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.
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.
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 [email protected] 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 Ave, 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.
Entire Agreement with Regard to Your Use of the Services; No Third Party Beneficiaries