These Terms of Service (“TOS”) govern Your access and use of the website located at https://gofurther.app, including all subdomains thereof (the “Website”) and any services, materials, publications and emails provided to You in conjunction with the Website (collectively, the “Marketplace”). Portions or functionality contained on the Website may be available to You through the mobile app or other internet properties (“App”). The Website, Marketplace and App are provided to You by Further Technologies LLC, a Delaware limited liability company (“Further”, “we” or “us”). By accessing or using the Website and Marketplace, You (“You”) agree to be bound by this TOS. “You” includes users who visit the Website, the App or who may access the Marketplace (“Users”). If You do not agree to this TOS, You will not have the right to access or use the Website, Marketplace, App or any portion thereof.
You represent that: (a) if You are entering into this TOS on behalf of another person, You are duly authorized by such person to enter into this TOS which will be binding upon both You individually and such other person (and “You” as used in this TOS shall refer to both), (b) You are of the legal age to form a binding contract with us, and (c) You are not a person barred from subscribing to, using or accessing the Website, Marketplace or App under the laws of the United States or other applicable jurisdiction.
Changes to this TOS; Policies. We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify You of changes by any reasonable means, including without limitation, by posting the revised version of this TOS on the Website and App, and these changes will become effective immediately upon the posting on the Website and App. You can determine when this TOS was last revised by referring to the “Date of Revision” at the top of this TOS. Your continued access or use of the Website, App and/or Marketplace after any changes to this TOS have been posted shall constitute Your agreement and consent to such changes. Please return to this page periodically to ensure familiarity with the most current version of this TOS. You agree that Your use and access certain features of the Website, Marketplace and App may be subject to any additional posted guidelines, rules, terms and conditions applicable to such features (collectively, “Policies”), which are hereby incorporated by reference into this TOS. In the event that any terms or conditions of such Policies contradict or are inconsistent with the terms and conditions of this TOS, such Policies will govern and prevail solely with respect to the specified features, if any, to which they apply.
Privacy Policy. Any information that You transmit through the use of the Website and Marketplace are governed by Further’s Privacy Policy found at Privacy Policy. Please read our Privacy Policy carefully. This TOS incorporates by reference the terms and conditions of our Privacy Policy. Notwithstanding anything in our Privacy Policy or this TOS, You understand and agree that the Website, Marketplace and App use the Internet and third party networks which are not secure, and Further cannot guarantee that any transmission made by You while using the Website, Marketplace and App is or will be secure.
About the Marketplace. Further provides access to a digital consumer lending marketplace targeting credit unions and other financial institutions (the “Financial Institutions”) in which consumers are able to review and respond to firm offers of credit based on the specific lending criteria submitted by its Financial Institution partners. The Marketplace includes the following special personalized pre-approved loans, insurance products and other financial products which are presented as invitations to accept firm offers of credit (the “Offers”).
Permissible Purpose and Consents. You understand and agree that, by responding to the Offers, you have provided “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for Further, and its service providers, to obtain your credit report and/or credit score(s) on a recurring basis to provide them to You. You understand and agree that, pursuant to such authorization, Further, and its service providers, may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity and to provide credit scoring and the Offers. You understand and agree that Further, and its service providers, may, from time to time, provide products, services, features and/or functionality to you, and that they shall be offered pursuant to the same authorization that You provided to Further for Further to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you to review while you access the Further services.
Prescreen and Opt-Out Notice. All “prescreened” Offers are based on information in Your credit report indicating that you meet certain criteria. The Offers are not guaranteed if You do not meet the Financial Institution’s criteria including providing acceptable property as collateral. If You do not want to receive prescreened offers of from Further and other companies, call 1-888-567-8688 or visit the website at www.optoutprescreen.com or write Opt Out Request PO Box 505, Woodlyn, PA 19094-0505.
Consumer Report Disclosures. You have a right to obtain a free copy of your consumer disclosure once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual consumer disclosure, you may go to www.annualcreditreport.com, or call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your consumer disclosure from a consumer reporting agency, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit file within the preceding 60 days. The consumer reporting agency must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your consumer disclosure if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. For more information You may also contact the Federal Trade Commission (“FTC”) by calling the FTC toll free - 1-877-FTC-HELP or visit their website: www.ftc.gov. In addition, the states of MA, VT, CO, NJ, MD and ME permit consumers to obtain one credit report per consumer reporting agency per year, free of charge and the state of GA permits consumers to obtain two credit reports per consumer reporting agency per year, free of charge.
Offers. In using the Website, Marketplace or App, You will be presented with Offers from our third-party partners which will be subject to the terms and conditions applicable to each such Offer. We are not responsible for the fulfillment of such Offers.
Acceptance of Offers. All Offers generated in the Website, Marketplace or App are based upon the information in Your credit report that satisfied certain pre-established credit criteria for creditworthiness for each Financial Institution. Final approval of any Offer is not guaranteed if after You respond to an Offer, the Financial Institution determines that You no longer meet the Financial Institution’s pre-established credit criteria and all applicable eligibility requirements that include the following a) submission of adequate and verifiable income; b) failure to provide required collateral when applicable; c) certification You are of legal age of majority and legally able to enter into a contract for the extension of credit; d) that You are a United States Citizen or permanent resident in the United States, and e ) adequate verification of both financial and non-financial information supplied in connection of the full underwriting of Your account.
Feedback. If you provide any feedback or suggestions to Further regarding the Website, Marketplace or App (collectively, “Feedback”), Further may use such Feedback for any purpose. So that we may incorporate such Feedback into Further’s Website, Marketplace or App, Further alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to Further free of charge.
Your Use of the Website, Marketplace or App. Your right to access and use the Website, the Marketplace and App is personal to You and is not transferable by You to any other person or entity. You are only entitled to access and use Further for lawful purposes. The Website, Marketplace or App are intended only to assist You in obtaining pre-approved firm offers of credit and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Website, Marketplace or App or offered or accepted Offers may not be appropriate for Your situation. Accordingly, before making any final decisions, implementing any financial strategy, or accepting any Offers, You should consider obtaining additional information and advice from Your accountant or other financial advisers who are fully aware of Your individual circumstances. Your access and use of the Website, Marketplace or App may be interrupted from time to time for any of several reasons, including, without limitation, equipment malfunction, periodic updates, maintenance or repair, unavailability of third-party services which have been integrated into the Website, Marketplace or App, or other actions that Further, in its sole discretion, may elect to take.
Data; Rights You Grant to Us. You hereby grant Further a non-exclusive, royalty-free, fully paid-up, right and license to use any or all data, information, comments or other content that You provide to us or otherwise transmit through the use of the Website, Marketplace or App (collectively, “Data”) for the purposes of providing You with the Website, Marketplace, App and Offers. You represent and warrant that You are the exclusive owner of the Data or have all rights and licenses necessary to grant the rights to the Data that You have granted to Further in this TOS, without the need to obtain any third-party consents or permissions.
License; Further’s Intellectual Property Rights. Subject to Your compliance with this TOS, and solely for so long as You are permitted by Further to access and use the Website, Marketplace or App, Further grants You a limited, revocable, non-exclusive, non-transferable right to access and use the Website, Marketplace or App for Your individual personal use only. Unless expressly granted to You in this TOS, Further and its licensors reserve and retain all rights, title and interest (including all intellectual property rights) in and to: (i) the Website, Marketplace or App, including all content and other materials appearing therein, (ii) all data related to Your use of the Website, Marketplace or App which does not identify You and cannot be used to identify You, and (iii) the technology, systems and software used to provide the Website, Marketplace or App. The Website, Marketplace or App (including the underlying technology, systems and software comprising the Website, Marketplace or App) are protected by copyright, trademark, patent, and/or other proprietary rights and laws. All trademarks and service marks appearing within the Website, Marketplace or App not owned by Further are the property of their respective owners. The trade names, trademarks and service marks owned by Further, whether registered or unregistered, may not be used without Further’s written consent or in any manner that is likely to cause confusion. You may download or print a copy of content or materials provided to You on the Website, Marketplace or App for Your personal, internal and non-commercial use only and for no other purpose. Further reserves all rights not expressly granted to You in this TOS.
Restrictions. In accessing and using the Website, Marketplace or App, You agree to abide by the following rules, restrictions and limitations:
You will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, Marketplace, algorithm or methodology to access, acquire, copy or monitor the Website, Marketplace or App or any portion thereof;
You will not use any data mining software, robots, spiders or similar data gathering and extraction tools to retrieve, index, “scrape,” “data mine,” or in any way gather content or data from the Website, Marketplace or App or otherwise circumvent the navigational structure or presentation of the Website, Marketplace or App;
You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear gifts, pixels, web bugs, cookies or other similar devices;
You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Website, Marketplace or App;
You will not use the Website, Marketplace or App in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Website, Marketplace or App or any networks or security systems of Further or its service providers, or otherwise interfere with other users’ use of the Website, Marketplace or App;
You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the Website, Marketplace or App;
You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Website, Marketplace or App;
You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained within the Website, Marketplace or App;
You will not attempt to impersonate another person; and
You will comply with all applicable laws in Your access and use of the Website, Marketplace or App, including the laws of Your country if You live outside of the United States of America.
Links to Third Party Sites. The Website, Marketplace or App may contain hyperlinks or other references to third party websites, including the websites of Financial Institutions (“Third Party Sites”). You may be subject to different terms and conditions that apply when You use Third Party Sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any Third Party Site and products or services provided within such Third Party Sites, and that Further has no responsibility or liability for Your access and use of Third Party Sites.
Compensation. Further is paid a marketing lead generation fee by Financial Institutions for the Offers provided. Your use of the Website services constitutes Your agreement with this compensation arrangement.
Disclaimers; Limitation of Liability. THE WEBSITE, MARKETPLACE AND APP ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. FURTHER MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFATORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE WEBSITE, MARKETPLACE AND APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. FURTHER DOES NOT WARRANT THAT: (A) THE WEBSITE, MARKETPLACE OR APP (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE WEBSITE, MARKETPLACE OR APP WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE WEBSITE, MARKETPLACE OR APP WILL BE CORRECTED. FURTHER SHALL NOT BE LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, MARKETPLACE OR APP, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE WEBSITE, MARKETPLACE OR APP, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE, MARKETPLACE OR APP BY ANY THIRD PARTY. FURTHER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON THE WEBSITE, MARKETPLACE OR APP.
NEITHER FURTHER NOR THE WEBSITE, MARKETPLACE AND APP IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. FURTHER IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR, OR A CREDIT COUNSELOR. Further does not provide accounting, tax, legal, real-estate, mortgage, and financial planning or investment advice.
FURTHER SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, MARKETPLACE OR APP OR ANY PORTION THEREOF, EVEN IF FURTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FURTHER BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OR OTHER NETWORK (INCLUDING WITHOUT LIMITATION PHONE NETWORK OR OTHER TELECOMMUNICATIONS NETWORK) FAILURES OR “BROWNOUTS”, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS TOS, FURTHER’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE FURTHER’S LIABILITY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.Your Indemnification of Further. You agree to indemnify and hold Further and its affiliates, officers, directors, shareholders and employees harmless from and against any loss, costs, liabilities and expenses (including reasonable attorneys’ fees) resulting from Your breach of this TOS, Your use of the Website, Marketplace, or any other related product or service, and any infringement by You of any intellectual property or other third-party right.
Governing Law and Forum for Disputes. This TOS shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this TOS shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this TOS, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California and the state courts located in San Francisco County, California. Use of Further’s Website and the Marketplace are not authorized in any jurisdiction that does not give effect to all provisions of this TOS (including without limitation, this section). You understand that, in return for agreement to this provision, Further is able to offer the Website, Marketplace and App at the terms set forth in this TOS, and that Your assent to this provision is an indispensable consideration to this TOS. You also acknowledge and understand that, this provision governs with respect to any dispute with Further, its officers, directors, employees, agents or affiliates, arising out of or relating to Your use of the Website, Marketplace or App or arising from this TOS.
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS AN USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.Consent for Electronic Signatures, Records and Disclosure. (“E-Consent”). Please read this information carefully and print a copy and/or retain this information for future reference. In order to provide you with credit opportunities available the Website, Marketplace and App, including prequalified credit and personal loan offers, we require your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on a link assenting to this TOS, You acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).
Notices. You authorize Further to send You notices and information regarding the Website, Marketplace and App via email to the most current email address we have forYou. You agree that such notice will be deemed sufficient notice, effective on the date of transmission, and You waive any rights to assert failure of notice. You agree that this TOS and all notices provided to You may be sent in electronic form and will have the same effect as they would if provided in printed form.
Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If You have a question or complaint regarding the Website or Marketplace, please contact us at the “Contact Us” section below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail to: 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Miscellaneous. If any provision of this TOS is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this TOS and will not affect the validity and enforceability of any remaining provision. This TOS, together with the Privacy Policy, constitute the entire agreement between Further and You pertaining to any and all access and use of the Website, Marketplace and App and supersede any and all prior or contemporaneous written or oral agreements between Further and You pertaining thereto. No amendment or waiver of this TOS will be binding on Further unless set forth in a writing expressly identifying this TOS and signed by an officer of Further and You. Any caption, heading or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Contact Us.
If You wish to contact us regarding this TOS, You may do so:
By email at: legal@unioncredit.app.
By mail at:
427 Mendocino Avenue
Suite 100, Unit #138
Santa Rosa, California 95401
Attention: Legal Department