The services we provide through the App require collection of your information directly from Equifax Information Services LLC (“Equifax”), a consumer reporting agency, which will transmit your individual credit file information to us at your request and authorization. Once we receive your request, we will send Equifax an inquiry and Equifax will provide credit information it has for you, as requested and available, to us, subject to the terms of this Agreement. By registering for and using the App, you authorize and instruct us to obtain, monitor, and compile your (i) individual credit file information directly from Equifax; (ii) information, including information by which you may be personally identified, such as name, e-mail and physical address, date of birth, and your Social Security number (“Personal Information”); and (iii) other information.
You acknowledge and agree that your access to the App and any consumer credit information contained therein is subject to your prior written authorization and verification of your identity. As such, you understand and agree that by using the App, you are providing “written instructions” in accordance with the Fair Credit Reporting Act (FCRA) for us to obtain credit information about you from Equifax. You hereby authorize us to access your personal credit information and grant us and Equifax the right, power, and authority to act on your behalf to access and transmit your Personal Information, including your individual credit file, unless and until you revoke such authorization.
ELIGIBILITY; ACCOUNT REGISTRATION
The App is offered and available for free to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the App, you represent and warrant that (i) you are at least 18 years of age; (ii) you have not previously been suspended or removed from the App; (iii) your registration and use of the App is in compliance with all applicable laws and regulations; and (iv) you will abide by all of the terms and conditions in this Agreement. If you do not meet all of these requirements, you must not access or use the App.
In order to use the App, you must complete the User registration process. You may register on the App only on behalf of yourself and, by doing so, you acknowledge and agree that it is illegal to request credit information about anyone else.
APP USAGE; ACCOUNT SECURITY
We provide the services on the App solely to assist you in understanding your credit status and to share such information with third parties you authorize access to, or to request credit information from third parties. You agree that you will not use the App for any other purpose, including a commercial purpose. We reserve the right to withdraw or amend the services provided on the App in our sole discretion without notice.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to the App using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
You may use the App only for lawful purposes and in accordance with this Agreement. You agree not to:
- Use information furnished in the App in making any loan-related decisions;
- Use the App in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other User’s use of the App, including their ability to engage in real-time activities through the App;
- Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
- Use any device, software, or routine that interferes with the proper working of the App;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; and
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or otherwise interfere with the proper working of the App.
All credit information furnished in the App is prepared by Equifax. The credit score provided is a VantageScore 3.0 based on Equifax data. Third parties use different types of credit scores that may differ from that prepared by Equifax. All credit information provided through the App is provided for educational purposes.
The credit information provided on the App is not intended to substitute or constitute an offer for a consumer disclosure or credit report, which may be otherwise available to you without cost or obligation under federal or applicable state law. You may obtain a free copy of your consumer disclosure once every twelve (12) months from each of the three nationwide consumer reporting agencies by visiting www.annualcreditreport.com.
The App may contain, or we may otherwise provide to you, marketing or advertising material containing information about third-party service providers (“Providers”) and their products or services. You may authorize us to share your Personal Information, including contact information, with a Provider, and we will do so upon receiving your request (each User referral to a Provider, a “Lead”). We will receive compensation from Providers for Leads we generate. If you are contacted by a Provider after authorizing us to share your information and you no longer wish to receive communications from such Provider, you may contact that Provider to opt out of future communications.
DISCLAIMER OF ACCURACY OF INFORMATION POSTED
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
The App furnishes content provided by Equifax. We are not responsible, or liable to you or any third party, for content or accuracy of content provided by Equifax.
INTELLECTUAL PROPERTY RIGHTS
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The content may not be copied, distributed, displayed, modified, reproduced, published, downloaded, stored, transmitted, or reverse engineered in whole or in part without our prior written permission.
CHANGES TO THE APP; APP AVAILABILITY
We may update the App from time to time. Any material we make available to you may be out of date at any given time. We do not guarantee uninterrupted or error-free operation of the App. Technical issues may result in the unavailability or disruption of the App or certain features or functionality. We will use reasonable efforts to maintain operation and availability of the App at all times. We will not be liable for failure to provide all or part of a feature.
INFORMATION ABOUT YOU AND YOUR APP USAGE
You understand and agree that this Agreement will be entered into electronically, and that the following information will be provided by us to you by electronic means: this Agreement and any amendments, modifications, or supplements to it; any initial, periodic, or other disclosures or notices provided in connection with the Products; all regulatory disclosures; and all communications related to the App. You expressly consent to receive all communications electronically, either by e-mail, text message, or by notices posted to the App, and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. In order to ensure your continuing access to the App, you agree to keep your Personal Information that you provide to us, including your contact information, up to date.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR OMISSIONS OF ANY SUCH PERSON IN PREPARING, REPORTING, OR FURNISHING THE CONTENT ON THE APP, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED THERETO, NOR WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA IN CONNECTION WITH YOUR USE OF THE APP, ANY USE OR RELIANCE UPON INFORMATION FURNISHED ON THE APP OR PROVIDED BY US, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless us and our service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the App, including, but not limited to, your use of the App’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the App.
GOVERNING LAW; BINDING ARBITRATION
Any dispute or claim raised by you or us against the other arising from this Agreement or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought, shall be subject to mandatory, binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. This arbitration obligation extends to claims you may assert against our affiliates, successors, assigns, employees, and agents. The arbitration will be conducted as an individual arbitration. Neither you nor we consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. Arbitration shall take place in Orange County, California, by a neutral arbitrator.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
The Agreement constitutes the sole and entire agreement between you and us regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
This App is operated by Float Today. All feedback, comments, requests for technical support, and other communications relating to the App should be directed to email@example.com.
CHILDREN UNDER THE AGE OF 18
The App is not intended for children under 18 years of age. No one under age 18 may provide any Personal Information (as defined below) to or on the App. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on this App or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, or email address.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
When you download, register with, or use the App, we may collect or ask you to provide several types of information, including information by which you may be personally identified, such as name, e-mail and physical address, date of birth, and your Social Security number (“Personal Information”), and information about your usage of and access to the App. When you register for a User account, we may also ask you for information to verify your identity, which may include questions requiring Personal Information, but we do not store such information collected through knowledge-based questions used to authenticate you. We collect information directly from you when you provide it to us, and automatically as you navigate through the App. Information collected automatically may include usage details and information collected through cookies and other tracking technologies. We may also collect information about you from other sources, including third parties.
Information You Provide to Us
The information we collect through the App includes Personal Information that you provide by filling in forms on the App when registering as a User, records and copies of your correspondence (including email addresses and phone numbers) if you contact us, and information you provide to us if you use the App to request from or share with a third party credit information.
Automatic Information Collection
When you download and as you navigate through and interact with the App, we may use automatic data collection technologies to collect certain information about your browsing actions and patterns. Such information may include details of your visits to the App, including traffic data, logs, and other communication data and resources that you access and use on the App. We may collect information about your mobile device and internet connection, including your device’s unique device identifier, Internet Protocol (IP) address, operating system, and mobile network information, and the device’s telephone number. If you do not want us to collect this information, do not download the App or delete it from your device. The App does not collect information about the location of your device.
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include cookies, web beacons, and other tracking technologies. A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. Cookies can help recognize your browser across different pages of the App and browsing sessions and help us improve your experience on the App by allowing us to store your information so that we recognize you when you log in to the App and help us prevent identity theft and fraud with User authentication data. Pages of the App and our e-mails may include small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail, and for other related App statistics.
The App may use Google Analytics, a web analysis service provided by Google, and Branch, a deep linking mobile solution operated by Branch Metrics, in order to better understand how our Users interact with the App and to drive improvements of the User experience. Google Analytics and Branch collect information about pages visited on an app or website, how often users visit such app or website, and what other website users used prior to coming to such website. We do not combine the information collected through the use of Google Analytics or Branch with your Personal Information.
Information We Collect from Third Parties
The services we provide through the App require collection of your information directly from Equifax, a consumer reporting agency, which will transmit your individual credit file information to us at your request and authorization. By registering for an account on the App, you grant us and Equifax the right, power, and authority to act on your behalf to access and transmit your Personal Information, including your individual credit file, on an ongoing basis. You may request such information be shared with you on the App, and you may instruct us to share such information with a third party of your choosing for a period of time specified by you. You may, at any time, revoke your consent for us to retrieve your credit information from Equifax, and revoke a third party’s access to your credit information.
We may also collect Personal Information about your requests and interactions with us and our service providers, and obtain information about you from other third-party sources, such as data brokers, commercial sources, and public databases.
HOW WE USE YOUR INFORMATION
App Services and Requests
We use information that we collect about you or that you provide to us, including any Personal Information: (i) to present the App and its contents to you; (ii) to provide you with information, products, or services that you request from us; (iii) to fulfill any other purpose for which you provide such information; (iv) to carry out our obligations and enforce our rights arising from any obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if applicable; (v) to allow you to participate in interactive features on the App; (vi) to understand and better serve Users and improve our products; (vii) in any other way we may describe when you provide the information; and (viii) for any other purpose with your consent. We will never share your information with third-party Users through the App without your consent and authorization, which you may revoke at any time.
We may also disclose your Personal Information: (x) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (y) to enforce or apply terms of agreements, including for billing and collection purposes; and (z) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.
DATA SECURITY AND INFORMATION STORAGE
We have implemented reasonable measures designed to secure your Personal Information from accidental loss and unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the App. Any transmission of Personal Information is at your own risk.
Information regarding Users may be maintained, processed, and stored by us and our authorized affiliates and service providers.
We may retain your Personal Information for as long as legitimate and to the extent required to provide Services, and in accordance with the instructions of our Users who are the controllers of the Personal Information we collect and/or process. This includes, without limitation, as reasonably necessary to comply with our legal obligations and/or protect our legitimate interests, and with respect to data used for marketing activities, for as long as we have User consent therefor. We then either delete such information from our systems or anonymize it without further notice to you.
YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law (Civil Code Section 1798.83) permits Users of the App that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org.
USERS OUTSIDE THE UNITED STATES
The App is intended only for Users in the United States. If you access or use the App from outside the United States, information you provide or that we obtain as a result of such use may be processed and transferred to the United States, and may be subject to United States laws. By using the App, you consent to the collection, transfer, storage, and processing of your information in and to the United States.