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Terms of use

Updated: December 2023

The following terms of use (“Terms”) set forth a legally binding agreement between you and Oportun, Inc. and its successors, affiliates, and assignees (collectively, “Oportun,” “we,” or “us”) and govern your use of and access to Oportun.com, digit.co and all of our other websites, any software that we provide for installation and use on a mobile device (each, a “Mobile Application”), and other applications or services to which these Terms are posted (each individually a “Site” and collectively, the “Sites”) and the information, features, content, text, images, data, software, products and services that we make available on or through the Sites (collectively, with the Sites, the “Service”) whether as a guest or a registered user.

By using the Service or by clicking accept or agree to these Terms when this option is presented to you, you represent that you are 18 years of age or older and agree to be legally bound by the Terms without limitation or qualification. As described in more detail below, these Terms may be revised and updated by us from time to time without notice to you. Your continued use of the Service is your acceptance of the revised and updated Terms.

If you do not agree to be bound by these Terms, you should not access or use the Service.

In some instances, both these Terms and separate terms and conditions will apply, including without limitation, terms and conditions for our referral or rewards programs (collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH OPORTUN AND ANY RELATED PARTIES.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. Your right to use the sites and service

In these Terms, we grant you a personal, limited, non-transferable, non-exclusive license to access and use the Service. Your use of the Service must be for your own non-commercial personal use and in compliance with these Terms and all applicable law. We are not responsible if you use the Service in any manner that violates applicable law.

You agree not to authorize any other person or entity to use your username(s), access code(s), or password(s) to access the Service. You are responsible for the security of these credentials. You are responsible for your own communications, including the transmission, uploading or posting of information to the Sites or Mobile Application and are responsible for the consequences of such communications.

You agree not to use the Sites or the Service for any of the following expressly prohibited purposes:

  • Copying, modifying, disassembling, decompiling, reverse engineering, reproducing, publishing, transmitting, participating in the transfer of, selling, creating derivative works from, or in any way exploiting any Mobile Application or any content found on the Sites, in whole or in part, without the express written permission of Oportun;
  • Posting, communicating or transmitting any material that misappropriates, infringes or violates any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Posting or transmitting to any Site or Mobile Application any unlawful, libelous, obscene, threatening, defamatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Deleting any copyright or other proprietary rights notices from the Site or Mobile Application; or
  • Attempting to disable, remove, or interfere in any way with the Service’s or Oportun’s network security or attempting to use the Service to gain unauthorized access to any other computer system.

You also represent and warrant, with regards to your use of the Sites and Service, that you are not located in a country under, sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website.

2. Changes or termination

We may add to or terminate all, or any part(s), of the Service or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Sites or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Sites or Service. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Sites or Service. Except as otherwise expressly stated by us, your access and use of the Sites or Service are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

3. Privacy

In order to access and use certain portions of the Service, you will be required to register for an online account with Oportun and provide specific information. All information you provide to register for an online account or otherwise through the Sites or Mobile Application must be truthful, and you may not use any aliases or other means to mask your true identity. Information we collect is subject to our Privacy Policy.

4. Proprietary rights

The Sites, Mobile Application, and the content on them, including but not limited to all images, icons, text, videos, drawings/designs, music, software, logos, and expressions and ideas, are protected by U.S. and international copyright, trade secret, trademark and other intellectual property laws and corresponding treaty provisions.

Nothing in these Terms shall be deemed a sale of a Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).

The registered and unregistered service marks, logos, trade names, and trademarks (“Service Marks”) used on the Sites and Mobile Application are owned by us except for certain trademarks, service marks, and names (“TP Marks”) that are the property of third parties. Other than as specified in these Terms, you are not granted any license or right to use, in any way, any Service Mark or TP Mark, including but not limited to use in hyperlinks, advertising, or publicity, without our express written consent.

5. Third party content and links

The Service may contain links or connections to third-party websites or services that are not owned or operated by us. We provide such links and connections for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. If you choose to access any such third-party websites or services, you do so at your own risk.

You may not link to our Sites without our express written permission. If you wish to link to our Sites, please contact us using the contact and notification information in these Terms.

6. Using mobile applications

You may be able to access or use the Service, or some portions of it, on your mobile device by means of the internet or a Mobile Application we distribute for such purpose.  We do not warrant that any portion of the Service or Mobile Application will be compatible with your mobile device.  We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download and use object code copies of the Mobile Application for one registered account on mobile devices owned or leased by you, solely for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application, or (iv) use the Mobile Application for any purpose prohibited by these Terms.

We may issue upgraded versions of the Mobile Application and may automatically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device and agree these Terms will apply to all such upgrades.

Standard carrier data charges may apply to your use of the Service on a mobile device.

The following additional terms and conditions apply if you use a Mobile Application on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and Oportun only, and not with Apple, Inc. (“Apple”).
  • Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Oportun, and not Apple, is solely responsible for the iOS App and the content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
  • You agree that Oportun, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and you further agree all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Oportun, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as it relates to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as it relates to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply if you use a Mobile Application on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Oportun only, and not with Google, Inc. (“Google”).
  • Your use of the Android App must comply with Google’s then-current Play Store terms of service.
  • Google is only a provider of the marketplace where you obtained the Android App. Oportun, and not Google, is solely responsible for the Android App and the content available thereon.  Google has no obligation or liability to you with respect to the Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.

 

7. Your submissions

By submitting or posting any materials or content on the Sites or otherwise via the Service, you grant Oportun a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferrable and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion.

Comments, questions, or suggestions provided by you to us about the Mobile Application or the Service (“Feedback”) through any means of communication will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license to use, exploit, and sublicense all Feedback as we may determine in our sole discretion.  We are not obligated to use, display, reproduce, or distribute any Feedback, and you have no right to compel us to do so.

Oportun will be entitled to use any content or Feedback submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

When contributing content, you agree you will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.  You further agree that your submissions will not include anything to which you do not have the full right to grant Oportun the license specified above or anything libelous or otherwise unlawful, abusive or obscene.

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines:

  • Content to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Obscenities, discriminatory language, or other language not suitable for a public forum;
  • Advertisements, “spam” content, or references to other products, offers, or websites;
  • Email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Unduly critical or spiteful comments of other content posted on the page or its authors;
  • Files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
  • Files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
  • Other false or deceptive content, as determined at our sole discretion.

 

8. Copyright infringement; notice and take down procedures

Oportun specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on our Sites or our Mobile Application infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim and request removal of the infringing material in accordance with the process suggested by the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)). Oportun will process such notices as received and take appropriate action as required by the DMCA). Notifications of claimed copyright infringement should be sent to the following address: DMCA Designated Agent, Oportun, Inc., Two Circle Star Way, San Carlos, CA 94070 or via email to [email protected].

9. Our monitoring

We reserve the right, but not the obligation, to monitor the Service electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information concerning your or others’ use of the Service (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with applicable laws, regulations, or legal process; (2) respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (3) enforce these Terms, including to investigate potential violations; (4) protect the safety, integrity, rights, or security of our members, our Service or equipment, or any third party; or (5) detect, prevent, or otherwise address fraud, security, or technical issues.

10. Disclaimer of warranties; limitation of liability

THE SITES AND SERVICE, AND ALL MATERIALS AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  WE AIM TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH THE SERVICE; HOWEVER, THERE MAY BE INADVERTENT, FACTUAL, TYPOGRAPHICAL, OR TECHNICAL ERRORS. ALSO, THERE ARE CERTAIN ASPECTS OF WEB USAGE, EMAIL, YOUR COMPUTER, AND YOUR CONNECTION TO THE INTERNET THAT WE CANNOT CONTROL. THEREFORE, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS, ERRORS, OR LOSS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITES, THE SERVICE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES, THE SERVICE, OR THE WEB.

MEMBERS AND POTENTIAL MEMBERS ARE INVITED TO CONTACT US OR OUR AGENTS BY NON-INTERNET MEANS FOR IMPORTANT PERSONAL TRANSACTIONS. UNDER NO CIRCUMSTANCES SHALL OPORTUN, INC., OPORTUN, LLC, THEIR RESPECTIVE BANK PARTNERS AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, SUCCESSORS OR AGENTS (COLLECTIVELY, “THE OPORTUN PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE SITES OR THE SERVICE, OR FROM THE USE OF, OR INABILITY TO USE, THE SITES OR SERVICE BY YOU OR ANY OTHER PERSON; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION DURING REPLY TO YOU BY EMAIL OR OTHER ELECTRONIC MEANS; EVEN IF THE OPORTUN PARTIES OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTION, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Dispute resolution by binding arbitration; class action waiver

Please read the following dispute resolution by binding arbitration; class action waiver provision (this “Provision”) carefully. It affects your rights.

 

Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

 

The term “Dispute” means any dispute, claim, or controversy between you and the Oportun Parties regarding, arising out of or relating to any aspect of your relationship with Oportun, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products marketed, provided, or billed to you through the Oportun Parties.

 

YOU AND THE OPORTUN PARTIES EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

 

Pre-arbitration claim resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Oportun Parties an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to Oportun Inc., Legal Department, PO Box 4085, Menlo Park, CA 94026.  That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek.  If the Oportun Parties do not resolve the Dispute to your satisfaction within 45 days after receiving your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

 

Exclusions from arbitration/right to opt-out

Notwithstanding the above, you or the Oportun Parties may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies for small claims court, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 60 CALENDAR DAYS FROM THE DATE THAT YOU ACCEPT OR AGREE TO THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to Oportun Inc., PO Box 4085, Menlo Park, CA 94026.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Oportun through arbitration.  This is the only way you can opt out of this Arbitration Provision.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Oportun.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

 

You or we are not required to submit claims for public injunctive relief under California or federal statutes that specifically provide for such relief to arbitration under this Provision. Such a claim is referred to in this Provision as a “Public Issue.” In the event that either you or we bring an action against the other that raises a Public Issue, that Public Issue shall be severed from all other issues, including damages or equitable remedies, and the proceedings relating to the Public Issue shall be stayed until the other issues are resolved by arbitration. Then, the proceedings relating to the Public Issue shall be recommenced, and any findings of fact or law decided by the arbitrator(s) shall be considered by the court but shall not be dispositive as to the Public Issue. In the event that either you or we elect to pursue such a claim through court proceedings, all other claims between us shall remain subject this Provision.

 

Arbitration procedures

You and the Oportun Parties must agree to the arbitrator. If you and the Oportun Parties cannot agree to an arbitrator, the court will appoint one in accordance with the Federal Arbitration Act (“FAA”), 9 U.S.C. §5. The arbitration hearing may be in person or by teleconference, and it will take place in the United States.  If in person, the hearing will take place in the federal district where you reside, at any venue required by law, or at another place that is more convenient to you if we agree.

 

Because the Sites, the Service and these Terms concern interstate commerce, the FAA governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. The arbitrator will have no authority to grant class action or representative relief or to join or consolidate claims.

 

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

 

The arbitrator’s award will be final and binding, except for the limited right to appeal in the FAA. If the amount of the Dispute exceeds $25,000, any party can, within 14 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. The costs of such an appeal will be borne in accordance with the “Payment of Arbitration Fees and Costs” section below. Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.

 

Location of arbitration.  You or the Oportun Parties may initiate arbitration in either San Mateo County, California or the judicial district that includes your billing address.  However, if the Oportun Parties initiate the arbitration in San Mateo County, you shall have the right to have the arbitration transferred to the arbitrator office within the judicial district that includes your billing address.

 

Payment of arbitration fees and costs.   If you or the Oportun Parties elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with applicable law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that the Oportun Parties pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by applicable law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.  The Oportun Parties will also pay any fees and costs required by law or that are necessary to make this Provision enforceable. If the arbitrator determines that any claim, dispute or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrator’s fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.

 

Language of hearing. The arbitration proceedings will be conducted in English; however, you may have the arbitration hearing translated in Spanish or another language by a translator agreed to by you and Oportun Parties.  If you and we cannot agree to a translator, the arbitrator will appoint one.

 

Class action waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims or disputes and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Oportun Parties specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Sites or the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

 

Severability and continuation

If the court finds that any part of this Provision other than the Class Action Waiver cannot be enforced, the rest of this Provision will be enforced.  If the court finds that the Class Action Waiver cannot be enforced, this entire Provision (except for this sentence) will be unenforceable with respect to the class action or representative claims. In no event will a class action or representative claim be arbitrated.

This Provision shall survive the termination of these Terms.  Notwithstanding any provision in these Terms to the contrary, we agree that if Oportun makes any change to this Provision (other than a change to the notice address above), you may reject any such change and require the Oportun Parties to adhere to the present language in this Provision as of the day you entered into these Terms if a dispute between us arises.  In the event of a conflict between the terms of this Section 11 and any signed written agreement you have entered into for a loan or other lending or credit product, the terms of your signed written agreement shall control.

 

12. Failure to exercise rights does not constitute waiver

No failure, omission, or delay on our part in exercising any right under this agreement will preclude any other further exercise of that right or other right under this agreement.

13. Communications with us

Oportun communicates by text messages, email, push notifications, and other alerts. To use the Service, you must provide and verify your mobile device number or other text message address to us, and you must expressly consent to receive text messages relating to the Service at that number or address. This is a condition of the Service. Third-party data and message fees may apply.

 

To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address. Text messages may include pre-recorded, autodialed and promotional messages.

You may instruct us not to send certain text messages by replying STOP to any message you receive from us and following the prompts (note that you may be required to send or receive additional messages to confirm whether you mean to stop promotional text MESSAGES vs. CANCEL your subscription or PAUSE certain features).

 

We will respond to your inquiries and questions via email if you provide us with an email address. However, be advised that information sent by email (or otherwise sent to us over the internet) may not be completely confidential not only because of certain aspects of electronic transfer, but also because others may have access to the computer or email address to which the email response is sent. Unless you specifically state in capital letters within your inquiry as follows: “DO NOT RESPOND TO THIS INQUIRY BY EMAIL,” you hereby consent to respond to your inquiries and questions via email in view of the risks inherent in using email.

In addition, if you provide your email address to us, we may send you promotional materials. You can unsubscribe from promotional emails by clicking the Unsubscribe link at the bottom of those emails.

14. Contact and notification information

You may contact us using the following information: 866-488-6090 or Oportun, PO Box 4085, Menlo Park, CA 94026-4085.

15. Miscellaneous

Loans to South Carolina members are originated by Oportun’s bank partners. Certain activities for these loans are subject to the laws of that state.

© 2015-2023 Oportun, Inc. All rights are reserved worldwide. No portion of this Site may be copied or reproduced in any medium or in any manner other than stated herein without the written permission of Oportun, Inc.

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