1. Terms and Conditions for all information and services on our Site
The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using any content or materials on this Site, you agree to be legally bound by the Terms without limitation or qualification. You agree and understand that the Terms have the full legal effect of a signed, written contract between you and us.
If you do not agree to be bound by these Terms, you should not access or view this Site.
“Site” means and includes any and all websites maintained by Oportun, Inc. (formerly known as Progreso Financiero) and all its subsidiaries and/or affiliates.
The terms “we,” “us,” or “our” mean and include any and all entities of Oportun, Inc. The term “you” refers to you as an individual person.
You may contact us using the information located in the section of these Terms labeled “contact and notification information.”
2. Electronic consent
3. We are not responsible for links to content provided by others
Links to other internet websites sponsored or provided by third parties are provided for informational and convenience purposes only. We do not control the content in any linked website, and we are not responsible for it. If you visit a link to another website, you do so at your own risk subject to the conditions of use set by that website. We reserve the right to terminate a link to another website at any time. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that site, or that we are affiliated with the site’s owners or sponsors.
You may not link to this Site without our express written permission. If you wish to link to this Site, please contact us using the contact and notification information in these Terms.
4. Proprietary rights
The content on this Site, including but not limited to all images, icons, text, videos, music, software, logos, and expressions and ideas, is intellectual property protected by U.S. and international copyright, trade secret, and trademark laws and corresponding treaty provisions. In addition, the content on this Site is protected by patent, copyright, trade secret, and trademark laws, privacy and publicity laws, and various communication regulations and statutes. You are not allowed to post or transmit to this Site 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. Any commercial use of this Site beyond the specified license use, or by written authorization from us, is prohibited. You may print a copy of the information contained on this Site only for your own personal use subject to the following: (1) you may not reproduce or distribute the text or graphics to others, or substantially copy the information on your own server without our prior written permission; (2) you may not modify the content or make derivative works therefrom; and (3) you must retain on all copies all copyrights, service marks, and other proprietary notices. This right may be revoked at any time.
5. Service marks
The service marks, logos, trade names, and trademarks (“Service Marks”) used on this Site are our registered and unregistered service marks owned by us except for certain trademarks, service marks, and names (“TP Marks”) used on this Site that are the property of third parties and are used herein with permission. Other than the uses specified in the previous section, you are not granted any license or right to use any Service Mark or TP Mark without our express written consent. No Service Mark may be used in any way, including but not limited to use in hyperlinks, advertising, or publicity, without our express written consent.
6. Information, products, and services offered are subject to our acceptance
Information on this Site is not intended for distribution to, or use by, any persons or entities in any jurisdictions or countries where such distribution or use is not authorized or licensed, or where any content or transaction on this Site is unlawful. Users of this Site do so of their own initiative and are responsible for compliance with local laws. None of the products or services referenced on this Site shall constitute a firm offer of credit or a credit agreement or contract.
This Site provides general information about us and the products and services offered by us and the products and services offered through us. Your eligibility for particular products and services is subject to final determination, restrictions, and acceptance by us or the affiliate or partner that issues the product or service.
We or our partners may discontinue or make changes to the information, products, licenses, or services described herein at any time. Any dated information is published as of its publication date only. We and our partners do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice to the user. Furthermore, by offering information, products, or services via this Site, no solicitation is made by us or our partners to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.
7. Limited liability
We make the attempt to provide accurate and timely information on this Site; 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 this Site will be uninterrupted or free of errors, and we will not be liable for any interruptions, errors, or loss. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this Site or the privacy of responses to you via email.
Customers and potential customers are invited to contact us or our agents by non-internet means for important personal transactions. However, under no circumstances shall we be liable for any direct or indirect, special, incidental, or consequential damages that may arise in connection with this Site, or from your use of, or inability to use, this Site by any 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 Oportun, Inc. 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.
This Site content is provided “as is” and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
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 this Site, the web, or your downloading of any materials, data, text, images, video, or audio from this Site or the web.
We do not warrant nor represent that your use of materials displayed on this Site will not infringe rights of third parties not owned or affiliated with us.
We reserve the right to make changes to any content or to the Terms of this Site at any time and without notice.
8. Information collected about you
9. No client, fiduciary, or professional relationship is established by providing information on this Site
We make every reasonable effort to provide you with sound information at our Site. We also invite you to make personal contact with us via non-internet means. However, limitations of the internet do not allow us to establish a client, fiduciary, or professional relationship with you through this Site. Accordingly, we require that:
You agree that no client, advisory, fiduciary, or professional relationship is created, implied, or established between you and us and that you agree and understand that no person or entity is, in connection with this Site, engaged in rendering auditing, accounting, investment, securities, tax, legal advice, or consulting opinions and that you will consult appropriate licensed professionals for opinions and advice relating to the specific facts, laws, and roles that may apply in your specific case.
You hereby agree that all disputes and causes of action arising out of use of this Site may be arbitrated (at our sole discretion) by a single arbitrator selected by us and conducted in California, or such other location, as we may choose in its sole discretion, under the rules of the American Arbitration Association (“AAA”) and the California Rules of Civil Procedure with limited discovery. The judgment of the arbitrator shall be binding and executable in any civil court. We will pay to AAA arbitration fees in excess of the first US$500 for you once you have paid $500 to AAA, but in no case more than a total of $3,000 arising out of any single, group, or class cause of action. The losing party shall pay all costs and fees. Equitable actions for temporary restraining orders or injunctions may be instituted in a court of competent jurisdiction concerning the use, misuse, or improper dissemination of information.
11. 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.
12. You agree to changes and amendments by posting on this Site
We reserve the right to change these Terms or any Site content at any time without notice and in our sole discretion, by (1) posting a change notice or a new Terms on our Site, or (2) using commercially reasonable efforts to notify you via email, if provided. Any change to these Terms shall be effective as to you or any user who uses this Site without notice, by posting of the Terms as changed on this Site, with or without notice of any specific changes. You agree that you will comply with these Terms as they may be modified from time to time by us by checking for modifications on this Site, whether or not you have received notice of any changes by email or otherwise. If any modifications of these Terms are unacceptable to you, your only recourse is to terminate use of this Site. Your continued use of this Site following your receipt of notice of any modifications will constitute binding acceptance of any modification. Any inconsistent terms between these Terms and any subsequent modifications of Terms posted on this Site shall be controlled according to the latest posting.
13. No use of Site by minors
No person under the age of 18 may use this Site. We do not knowingly solicit business by minors or children and request that any person under the age of 18 have their parent or responsible adult contact us. If you are under age 18 please leave this Site immediately. You agree to report all information you have about any person under 18 who uses this Site to us immediately using the contact and notification information below.
14. Confidentiality of internet not guaranteed
Although we try to protect information you send us, we cannot guarantee that information sent over the internet is completely confidential, and we expressly disclaim any implied warranty to the contrary. There are certain aspects of internet usage, your computer, and your links to the internet we cannot control. Therefore, transmission of information to us on the internet must be undertaken at your own risk.
15. Communications to you by us
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 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.
16. Entire agreement
These Terms comprise the entire agreement between you and us. There are no agreements, understandings, promises, or conditions, oral or written, express or implied, concerning the subject matter of these Terms or in consideration hereof that are not merged herein or superseded hereby. These Terms shall not be modified, terminated, or discharged except by written instrument signed by authorized representatives of the parties hereto.
17. Termination of service
We reserve the right in our sole discretion to terminate, restrict, or suspend this Site, service, access, or information for you at any time for any reason without prior notice or liability.
18. Information from third-party providers
Certain material that may be provided on this Site is independently obtained, prepared, and provided by third parties (“Information”) that are not affiliated with us, and we are not responsible for these third parties. This Information is provided free of charge for your general understanding and should not be relied upon for specific decisions and transactions. We have not reviewed the Information and are not responsible for the accuracy, completeness, reliability, or correct sequencing of the Information. The Information does not in any way represent our opinion.
In no event will we or other persons transmitting the Information be liable to you or anyone else for any consequential, incidental, special, or indirect damages (including but not limited to lost profits, trading losses and damages that may result from inconvenience, delay, or loss of the use of the Information) even if advised of the possibility of such damages.
All ideas, expressions, and inventions (excluding any nonpublic personal information) submitted to us via this Site shall be deemed and remain our property, and we shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in information a visitor or customer provides to us through this Site. We shall not be subject to any obligations of confidentiality regarding ideas, expressions, and inventions (excluding any nonpublic personal information) except as agreed in writing executed by all parties.
20. 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.
Activities for loans originated in South Carolina remain subject to laws of that state.
© 2019 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.
We may change these Terms at any time and update them on this Site and/or other means as required.
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