POSSIBLE FINANCIAL INC.
TERMS AND CONDITIONS OF USE
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. For all states, except in: California, Idaho, Louisiana, Florida, Ohio, Texas, Utah, and Washington, installment loan are issued by Coastal Community Bank ("CCB"), member FDIC, subject to approved underwriting practices.
1. Your Use as Assent
2. Modification and Your Continued Use as Assent to Modified Terms
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.
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 [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.
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:
Notices of the foregoing copyright issues should be sent as follows:
By Mail: Possible Financial Inc., 2231 1st Avenue #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 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.
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
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
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.
16. Severability and Waiver
17. Law, Jurisdiction, Venue, One Year to File a Claim
19. Entire Agreement with Regard to Your Use of the Services; No Third Party Beneficiaries
20. SynapseFI Platform
21. Consent for Electronic Communication
We process and communicate information electronically. In order to use our service, you consent to receiving all communications electronically as described below. By selecting “I Agree” or a similar link or button below, you are agreeing to receive all documents, disclosures and notices electronically from us and our affiliates or lending partners related to your loan application and any resulting loan, including without limitation any loan agreement, this consent to electronic communications, the Truth in Lending disclosures set forth in the loan agreement, change in terms notices, fee and transaction information, statements, delayed disbursement letters, consumer disclosures, state-mandated brochures and disclosures, adverse action notices, and any other information related to your loan (collectively, “Electronic Communications”). We may contact you by telephone, electronic message/SMS or email to process your application, for account servicing or collections, to tell you about financial products and services and for other business purposes.
This consent applies to all interactions online concerning you and the App and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By agreeing to this consent to electronic communications, you agree that we will interact with you and process your information electronically. We will also send you notices electronically related to our interactions and transactions. Electronic Communications may be provided online or through your designated e-mail address. Notwithstanding your consent to Electronic Communications, we may send you paper copies of documents, disclosures and notices.
No Right to Paper or Non-Electronic Records. Electronic Communications are generally not available on paper or in a non-electronic form from us. If you do not consent to the use of Electronic Communications, this service will not available to you. However, we may at our option provide a copy of an Electronic Communication in paper-based media as requested by you. You may request a paper copy of any Electronic Communication by e-mailing your request to us. If we agree to provide the requested paper copy of an Electronic Communication, we may charge you our fees and charges then in effect for providing the paper copy.
Withdrawing Your Consent. You may withdraw your consent to receive Electronic Communications or to the use of electronic signatures in connection with any future transactions with us at any time. We will not charge you any fees for withdrawing your consent. If you decide you do not want to receive Electronic Communications, or do not want to use electronic signatures in connection with any future transactions with us, you may withdraw your consent by contacting us via email. The legal effectiveness, validity, and enforceability of prior electronic disclosures will not be affected if you withdraw your consent. Regardless the status of your consent, you agree that we may continue to communicate with you electronically with respect to any document, disclosure or notice that is not required by law to be in writing.
Updating Your Contact Information. You should 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.
22. Consent to Text Messages
By electronically checking “I have read and accept the terms of this Consent to Text Messages,” I authorize Possible Financial Inc. (“Possible Finance”) to send text messages to the cell phone number I have provided to Possible Finance using an automated telephone dialing system for advertisements or telemarketing messages. I understand my authorization to receive marketing text messages is not a requirement to receive services from Lender. By voluntarily opting-in, I consent to Possible Finance’s use of my personal information to provide services I have requested, including services that display customized content and advertising. I understand that my cell phone service provider’s standard messaging rates may apply to text messages received from Possible Finance and I will be responsible for any such charges. To opt out of receiving text messages, please select the “opt-out” button on any text message received or by sending “STOP,” “END” or “QUIT” in reply to any text message I have received.
Program Description: Possible Finance (“Company”) is offering the Possible Finance Text Club, a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Company in order to opt out of the Program.
User Opt In: The Program allows users to receive SMS/MMS (“mobile”) alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as by signing up online, at a point-of-purchase display, or by texting a keyword to Company’s short code in response to a written or verbal call-to-action. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Company to communicate with you requires human intervention for Company’s mobile messages to be initiated, and it does not have the capacity to randomly or sequentially generate telephone numbers. Thus, Company’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by signing up to receive promotional messages from Company, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company.
Company may also offer various applications or 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 telephone number to Company when presented with or informed of these Terms, you consent to receive non-marketing mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized.
Users may also opt into receiving messages from Company over Social Media Platforms, including, but not limited to, Facebook, WeChat, Telegram, LINE, Viber, and WhatsApp (collectively, “Social Media Platforms”). By consenting to communicate with Company through a particular Social Media Platform when presented with these Terms, you agree that you are bound to these 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. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Company. Message frequency may vary.
Contact Information: For support, text “HELP” to any Company mobile message or email [email protected].
User Opt Out and Additional Commands: To opt out of receiving mobile messages, reply “STOP” to any mobile message you received from Company on your mobile device or email [email protected]. This is the easiest and preferred method to opt out receiving mobile messages through the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Company that result from your continued communication with the Program. Company may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so.
Supported Carriers: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA & Metro PCS. T-Mobile® is not liable for delayed or undelivered messages.
MMS: The Program will send SMS MTs if your mobile device does not support MMS messaging.
Company Warranty: Company will not be liable for any delays or failures in the receipt of any messages connected with this Program. Delivery of messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Company’s control.
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
Miscellaneous: You warrant and represent to Company that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Company reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified. You further warrant and represent that you will not provide to Company any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Company that your prior telephone number is no longer assigned to you.
Changes to Terms and Conditions:
Possible Finance reserves the right to change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in the terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to make yourself aware of any changes. Your continued use of this website after any changes to these terms and conditions of use are considered acceptance of those changes.
23. Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers Telephone us at 206-202-5115or Write us at [email protected] soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.