Last Updated March 11, 2021AFFIRM Terms of Service<p>PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE AFFIRM WEBSITE OR USE THE AFFIRM SERVICE.
THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY.
YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.</p>1.
WHAT ARE YOU AGREEING TO?<p>
<strong>The Parties to this Agreement.</strong> These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Affirm, Inc.
(including its subsidiaries, affiliates, including Affirm Loan Services, LLC, agents, and assigns) ("Affirm," "we," "us," "our"), formerly known as Expedite, Inc.
or Expedite Software, regarding (1) your use of this website ("Website") or any mobile application offered by or marketed by or on behalf of Affirm or any other technology platform offered by Affirm, (each an "Affirm App"), (2) your use of the Website, an Affirm App, or a third-party website in connection with a product or service offered directly by Affirm, as applicable, (3) your use of "Additional Tools" as described below in Section 2, (4) your use of any other service(s) offered through the Website or an Affirm App, as applicable, <strong>including, without limitation, loans and savings accounts;</strong> and (5) your access to your Affirm account information and <strong>access to any</strong> service through the Website or an Affirm App (collectively, the "Affirm Service(s)" or "Service(s)").
We may partner with banks (each, a "Bank Partner") to offer certain products and services and we offer certain products and services directly to you.
If you are approved for a product offered through Affirm by one of these Bank Partners, or through other partnerships with Bank Partners, you will enter into an agreement with the Bank Partner.
Notwithstanding any other provision of this Agreement, any agreement you enter into with a Bank Partner (and not this Agreement) will control with respect to the associated Bank Partner product.</p>
<strong>Changes to this Agreement.</strong> Affirm may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a loan).
Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE AFFIRM SERVICES AFTER CHANGES HAVE BEEN POSTED.
If Affirm makes any changes to this Agreement that it deems to be material, Affirm will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.</p>
<strong>Your Eligibility</strong> To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or if you are a ward of the state in Nebraska) and a resident of the United States or its territories.
Loans originated by a Bank Partner or directly by Affirm may not be available in all states.
You represent and warrant that you are eligible to use the Services.</p>2.
HOW AFFIRM WILL SERVE YOU<p>
<strong>Buy with Affirm:</strong> When you buy with Affirm you may be offered a closed-end installment loan product with terms as expressed in your Loan Agreement.
Loans may be offered by a Bank Partner through Affirm's technology platform or by Affirm directly through Affirm's technology platform or through a third-party website.
Loan term options may vary based on purchase price and merchant and may not be available in all states.
Affirm's services allow you to buy goods or services offered by merchants ("Merchants") for personal use.
If you buy with Affirm, either Affirm or Bank Partner (the "Lender"), depending on the product, will pay the Merchant on your behalf in exchange for your promise to repay the same amount plus a finance charge, where applicable.</p>
<strong>Your Promise to Pay:</strong> Before completing any transaction on your behalf through any Affirm Services, Affirm will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the Total Payments amount to Lender or its assigns, by asking you to click the button to confirm your loan.</p>
<strong>Interest Rates:</strong> Rates range from 0% to 30% fixed Annual Percentage Rate ("APR"), depending on your creditworthiness and/or the type of product offered (0% APR may only be offered at select merchants).
Loans are simple interest loans, which means that interest, if any, accrues daily on the unpaid principal balance, up to the amount of the finance charge, until you pay the loan in full.</p>
<strong>Finance Charge:</strong> Loans may be subject to a finance charge based on the applicable interest rate.
The Lender will always disclose the specific finance charge before you agree to any loan.</p>
<strong>Late Payment Fee:</strong> You will never be charged any late fees when you buy with Affirm.</p>
<strong>Delays in Processing:</strong> In some cases, when you buy with Affirm to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Affirm or the merchant and can be cancelled at any time until it is confirmed by Affirm.</p>
<strong>Extended Ship Date:</strong> If when buying with Affirm, one or more items in your order has an extended ship date, your loan payment(s), including interest, may be due before the merchant ships the item(s).
Please note that you may not receive a rebate of any interest that may have already accrued on an amount that later gets refunded.</p>
<strong>Savings Account.</strong> Savings account service is provided by Cross River Bank, Member FDIC.
Refer to the Cross River Bank Deposit Account Agreement for details.</p>
<strong>Affirm-Originated Loans.</strong> Loans may be offered directly by Affirm.
Refer to your payment agreement for details.</p>
<strong>Tools We May Offer:</strong> We may from time to time offer you the ability to access certain financial management tools.
Examples of such tools include financial calculators, customized financial analyses, bill payment reminders, dashboards with information about your debts (including debts you may owe others) and/or assets, and other similar services.
Unless we indicate otherwise, these tools will be provided free of charge and are provided exclusively for personal use.</p>
<strong>Autofill of Information:</strong> In order for you to have a more seamless shopping experience while using your payment instrument with another financial institution, we will store some of the information that you provide to us, or that you authorize a third party to provide to us, or that a third party provides to us about you, and use that information to autofill different forms for you during your shopping journey.
More detail on how it works is below.
While using the Services, we may ask for your personal information and contact details such as name, shipping address, telephone number, email, VCN card details, debit/credit card details (excluding CVV), and billing address for those cards, or you may authorize our service providers to provide us with information about you, such as details about your financial accounts, transactions, and credit history.
We will keep this information in our systems so that when you return to us, you will only need to provide basic details in order for us to automatically fill in the remaining fields to complete your transaction.
When you shop with a merchant directly from an Affirm App, we can autofill your details on the merchant's site.
This is enabled when you log in to an Affirm App so that we know it is you that is shopping with that merchant.
If you no longer want to use the autofill feature for payments, you can go to the Profiles Tab in the Affirm mobile app and remove your payment instrument under Payment Methods.</p>
<strong>Limitations on Tools:</strong> You agree that we may modify the tools or cease making them available to you at any time without notice.
We have no obligation to continue to make any particular tool available to you or to do so without charge.
If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us.
To the extent that the tools present information regarding financial accounts you may have with other lenders or financial institutions, you understand that the information may not be up to date.
Before acting on any such information, you should confirm its accuracy with the lender or financial institution holding the account.
There may be times when a tool we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the tools generally.
You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality.
You understand that some tools or some tool functionality may only be available to consumers who have relationships with certain lenders, service providers or financial institutions or who have certain financial products.
If you do not have such relationships or products, you understand that you may not be eligible to use a tool or all of its functionality.
You agree that we may use information we gather through the tools to market other products and/or services to you, including those of third parties.</p>
<strong>Third Party Providers:</strong> We may rely on third party providers to assist us in making a tool or other Affirm Service available to you.
By linking your bank account to a tool or Service, you authorize us and our third party providers to access your financial accounts on your behalf, and to gather information about you.
You give us and our third party providers a limited power of attorney, and appoint us and our third party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services.
You agree to the transfer, storage, and processing of your information by these third party providers in accordance with their respective privacy policies.
We have no liability to you for any damages you may suffer as a result of any such third party's actions or inactions or from inaccurate account information.</p>
<strong>Tools are Provided for Informational Purposes Only:</strong> Financial information provided through the tools is provided for informational purposes only and is not a substitute for individualized professional advice.
We are not a credit repair or credit services organization as defined under federal or state law, including any credit repair or credit services organization acts.
We do not provide "credit services" or "credit repair" services.
We do not advise or assist you with "rebuilding" or "improving" your credit.
We make no representation that we will improve or attempt to improve your credit record, history or rating.
The tools are not intended to provide financial, legal or tax advice, and we are not a financial planner, broker or tax advisor.
The tools are intended only to provide general assistance in organizing your finances.
Before making any financial decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.</p>
<strong>Accuracy, Reliability and Timeliness of Information:</strong> YOUR USE OF THE TOOLS IS AT YOUR SOLE RISK.
INFORMATION PROVIDED THROUGH THE TOOLS IS ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR INFORMATIONAL PURPOSES ONLY.
WE MAKE NO WARRANTY THAT THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR RELIABLE.</p>
This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources.
We may also ask you for identifying documents to help us validate your identity.
Affirm reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.</p>
<strong>Credit Report Authorization and Reporting.</strong> You expressly authorize Affirm and each of Affirm's Bank Partners to obtain (for itself or on behalf of Affirm or a Bank Partner) consumer reports from consumer reporting agencies about you (1) when you request offers or apply for a loan or Savings Account, (2) periodically throughout the term of your loan (including in the month following the month when you pay off or otherwise satisfy the loan) or Savings Account, and (3) from time to time in connection with any other services that we offer or that you may obtain from us, including, without limitation, your Affirm account, the Affirm Savings Account, or services involving financial management, credit profile tools, and the marketplace.
<p> In each case you expressly authorize us and each Bank Partner to use such consumer report about you, and information derived therefrom, in connection with:</p>
<p> (i) your loan or Savings Account, including determining your eligibility, servicing or maintaining your loan or account, verifying your identity, verifying information you provide to Affirm or a Bank Partner, and for collecting any amount you owe us or a Bank Partner or any of our respective successors or assigns;</p>
<p> (ii) marketing, including pre-qualifications and other forms of marketing, for loans that may be provided by us or a Bank Partner and any other service we offer or you obtain from us or any Bank Partner through the Affirm Services, such as financial management tools or the marketplace;</p>
<p> (iii) our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we or any Bank Partner offers or may offer through the Affirm Services.
<p> (iv) providing you with information or Affirm Services, including information about your credit profile and to deliver services upon your request (such as financial management tools and credit profile tools).</p>
<p> If you request offers or apply for multiple or additional loans or an additional Affirm Service, you further authorize us and our Bank Partners to share with each other information it has about you (including a consumer report), in order to determine your eligibility in connection with such offers or applications.</p>
<p> You understand that Affirm and/or any of its Bank Partners may report information about your loan or Savings Account (such as on-time, late, and missed payments.
and the fact you paid oﬀ your loan) to consumer reporting agencies, and that such information may be reflected in your credit report or other consumer reports about you.</p>
Collection.</strong> You agree to allow Affirm to send you payment reminders from time-to-time.
Notwithstanding whether you have consented or withdrawn your consent to the Affirm E-Sign Consent, you agree that payment reminders may take the form of any available communication, subject to applicable law.
You also agree that if you fail to pay an amount owed to Affirm pursuant to this Agreement or any other agreement you have with us or any Bank Partner, Affirm may engage in collection efforts to recover such amounts from you.
These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action.
FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.</p>
Notification.</strong> You agree that Affirm may provide you communications about your account and any Affirm Service electronically or through phone calls or in writing to any contact information we have on file for you.
Standard mobile, message, or data rates may apply and you are responsible for any such fees.
Affirm reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Affirm Service relies or if any such service should revoke or cancel your account on that site.
Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification).
We may assume you have received any communications sent to you by postal mail 3 business days after we send it.
If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:</p>
<li>a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),</li>
<li>any email address you provide to us, one of our Bank Partners, service providers, or one of our Merchants,</li>
<li>automated dialer systems and automatic telephone dialing systems,</li>
<li>pre-recorded or artificial voice messages and other forms of communications.</li>
<p>You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.</p>
<p>You understand and agree that Affirm may monitor or record telephone conversations you or anyone acting on your behalf has with Affirm or its agents for quality control and training purposes or for its own protection.
You acknowledge and understand that, while your communications with Affirm may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Affirm, and Affirm does not guarantee that recordings of any particular telephone calls will be retained or retrievable.</p>
<p>Notwithstanding this provision, Affirm's delivery of any Disclosures governed by the Affirm E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.</p>
<strong>Working with Third Parties.</strong> If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Affirm account, you acknowledge that Affirm may disclose the information about your account that is authorized by you to this third party.
You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement.
Further, you acknowledge and agree that you will not hold Affirm responsible for, and will indemnify Affirm from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.</p>
<p>You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer file, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider, solely to verify your identity and prevent fraud for the duration of the business relationship.
<strong>Waitlist and Future Products.</strong> Affirm may offer you a chance to join a waitlist in which you will be notified about future or prospective products.
An offer to join a waitlist is not a guarantee that you will be offered or that you will receive the future product.
Waitlisted products, when available, may have additional limitations, restrictions, and qualifications and you may not meet those qualifications.
Additionally, Affirm reserves the right to change the terms of any future product before it is offered to you.
Affirm also reserves the right not to offer one or more future or prospective products at all, without providing any additional notice to you.
Waitlisted products may be offered by Affirm or by one of Affirm's partners.
A partner may impose additional restrictions on your ability to obtain the product.</p>3.
YOUR USE OF AFFIRM<p>
<strong>Agreement to Provide Accurate Information.</strong> When you provide information to Affirm or in connection with the Affirm Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information.
You further agree to keep your account information and contact information up to date and accurate, and to promptly notify us of any changes to such information.</p>
<strong>User Responsible for Fees.</strong> If you use the Affirm Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.</p>
<strong>Repayment Methods.</strong> You may use one of the acceptable methods of payment set forth in your relevant loan agreement to make one-time transactions to pay your account as payments become due or you may set up automatic account payments.
Furthermore, nothing in this Agreement will be construed as applying to the extent inconsistent with the Loan Agreement related to your product or service including any loan originated directly by Affirm.</p>
<strong>Access to Your Account.</strong> You are responsible for maintaining the secrecy of the login credentials to your Affirm account and any other access credentials you may use to access your Affirm account (e.g., the password to your mobile device you use to access an Affirm App).
You must notify us immediately if you believe your login credentials or the security of your Affirm account has been compromised or stolen.
You are responsible for any activity taken on your Affirm account using your login credentials, except as expressly provided by applicable law.
You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information.
Your credentials include your username and password to your Affirm account and to any third party account you have used to login to your Affirm account.
You are also responsible for maintaining the accuracy of the information in your Affirm account.</p>
App Content.</strong> Information on the Affirm website and in Affirm Apps is for information purposes only.
It is believed to be reliable, but Affirm does not make any promises as to its completeness, timeliness or accuracy.
The information and materials contained in the Website, and in this Agreement, are subject to change without notice.</p>
<p>Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:</p>
<li>servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;</li>
<li>software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;</li>
<li>overload of system capacities;</li>
<li>damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;</li>
<li>interruption (whether partial or total) of power supplies or other utility of service.
strike or other stoppage (whether partial or total) of labor;</li>
<li>governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention.
<li>any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Affirm.</li>
<strong>Links to Other Websites.</strong> Links to non-Affirm websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Affirm has no control over the content on such non-Affirm websites.
Affirm makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Affirm warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.
If you choose to follow a link to a website not controlled by Affirm, you must do so at your own risk.
Affirm does not guarantee the authenticity of documents on the Internet.
Links to non-Affirm websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.</p>
<strong>Closing Your Account.</strong> You may request to close your account at any time by contacting us through the Affirm Help Center at affirm.com/help.
Your request may take up to 30 business days to process.
Upon account closure, we may cancel any pending transactions unless otherwise legally prohibited.
If you owe any payment, Affirm will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account.
You may not close your account to evade an investigation.
You will remain liable for all obligations related to your account even after the account is closed.
<strong>Dormant Accounts.</strong> Affirm may close your account if you do not log in to your account or use the Affirm Services for two or more years.
Affirm will retain your information in accordance with the section above.</p>
<strong>Feedback You Provide.</strong>
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you.
If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.</p>4.
HOW YOU MAY NOT USE AFFIRM<p>By using the Affirm Services, you agree that:</p>
<li>You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with Affirm;</li>
<li>You will not provide false, inaccurate or misleading information;</li>
<li>You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person;</li>
<li>You will not use the Services to purchase:<ul>
<li>Ammunition, firearms, certain firearm parts or accessories, and certain weapons or knives regulated under applicable law;</li>
<li>Narcotics, steroids, controlled substances, quasi-pharmaceuticals, or drug paraphernalia;</li>
<li>Currency in any form, including virtual and digital currency;</li>
<li>Any goods or services deemed unacceptable by Affirm or its Bank Partner(s), in their sole discretion;</li>
<li>You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;</li>
<li>You will not use the Services to make payment(s) on an existing Affirm loan(s).
Unless otherwise expressly permitted by Affirm, you will not use the Services for the purpose of payment for an existing loan(s) or line of credit from another institution;</li>
<li>You will not use the Services to accomplish a cash advance, wire or money transfer;</li>
<li>You will not commit unauthorized use of Affirm's Website and systems including but not limited to unauthorized entry into Affirm's systems, misuse of passwords, or misuse of any information posted to a site.
<li>You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.</li>
HOW AFFIRM WILL RESOLVE DISPUTES<p>
<strong>Disputes with Affirm.</strong> If a dispute arises between you and Affirm, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly.
In the event of a dispute we encourage you first to contact Affirm through the Affirm Help Center at affirm.com/help to try resolving your problem directly with us.</p>
<strong>Mandatory Arbitration.</strong> THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE AFFIRM SERVICE OR THE WEBSITE.
<p>Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C.
§ 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Affirm Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Affirm shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court.
Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory.
initial claims, counterclaims, cross-claims and third-party claims.
federal, state and local claims.
and claims which arose before the date of this Agreement.
The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would.
The arbitrator shall apply applicable statutes of limitations and honor privilege rules.
Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.</p>
<p>YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.</p>
<p>Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court.
Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding.
If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section.
Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures").
The Consumer Rules are available at the AAA website: www.adr.org.
The Document Submission Procedures are included in the Consumer Rules.
Your arbitration filing fees will be governed by the Consumer Rules.
If it is determined by the arbitrator that you cannot afford such fees, Affirm will pay all arbitration fees and expenses.
The arbitration will be conducted solely based on written submissions.
The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties.
Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide.
however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.
<strong>CLASS ACTION WAIVER:</strong> You and Affirm each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action.
To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other.
(b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures.
and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Affirm and/or you individually.</p>
<p>If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis).
Nothing in that litigation shall constitute a waiver of any rights under this Section.
You and Affirm each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section.
In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits.
but if that action is transferred, removed or appealed to a different court, arbitration can be elected.
If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern.
This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law.
No portion of this Section may be amended absent a written agreement signed by all parties.
If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver.
The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated.
In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.
In no event will a claim for public injunctive relief be arbitrated.
No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.</p>
<strong>RIGHT TO OPT OUT:</strong> If you do not want this Section to apply, you must send Affirm a <strong>signed notice within 30 calendar days after you agree to be bound by the Agreement as described above.</strong> You must send the notice in writing (and not electronically) to Affirm, Inc.
"Terms of Service Section 5 Opt Out", 30 Isabella Street, Floor 4, Pittsburgh, PA 15212.
You must provide your name, address, and phone number and state that you "opt out" of Section 5 within the Affirm Terms of Service.
Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement.
If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to this Agreement and not any other agreement between us.</p>
<strong>Savings account disputes.</strong> Refer to Deposit Agreement Link</p>6.
<strong>Operations.</strong> Affirm operates and controls the Services from its offices in the United States.
Affirm makes no representation that the Services are appropriate or available in other locations.
The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Affirm to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.</p>
<p>Software from the Services may be subject to United States export controls.
Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods.
or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders.
By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
This Agreement is effective until terminated by either party.
You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Affirm or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Affirm) in full.
The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Affirm if, in our sole discretion, you fail to comply with any term or provision of these Agreement.
Neither the course of conduct between the parties nor trade practice will act to modify this Agreement.
You may not assign these obligations under the Agreement without Affirm's prior written consent, but Affirm may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
Upon Affirm's request, you will furnish Affirm any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
You agree that this Agreement will not be construed against Affirm by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.</p>
<strong>Updating Your Information.</strong> You agree that Affirm is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Affirm's failure to send such a Disclosure or notice to the phone number or email address you have provided to us.
We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid.
your email or Internet service provider filters the notification as "spam" or "junk mail".
there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software.
or for other reasons beyond our control.</p>
<strong>Enforceability and Governing Law.</strong> The failure of Affirm to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision.
These Terms of Service constitute the entire agreement between you and Affirm with regard to your use of the Affirm Services and any previous Terms of Service that may exist between you and Affirm is hereby superseded.
This Agreement cannot be changed or modified by you except as posted on the Services by Affirm.
Except as provided in Section 5 (Mandatory Arbitration), if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced.
Except as provided in Section 5 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.</p>
<strong>Intellectual Property.</strong> All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Affirm or one of its affiliates.
The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited.
Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access.
The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.</p>
<strong>Trademark.</strong> "Affirm" is the marketing name for certain financial services activities of Affirm as operator of the Services.
"Affirm" is a trademark of Affirm.
Other featured words or symbols may be the trademarks of their respective owners.</p>
<strong>Indemnification.</strong> You agree to indemnify, defend and hold Affirm and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.</p>
<strong>DISCLAIMER OF WARRANTY.</strong> AFFIRM AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES.
AFFIRM AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
AFFIRM AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.</p>
<strong>LIMITATION OF LIABILITY.</strong> AFFIRM AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AFFIRM AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
NOR ARE AFFIRM AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
NEITHER AFFIRM NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.</p>
<strong>No Third-Party Beneficiaries.</strong> This Agreement is between you and Affirm.
No user has any rights to force Affirm to enforce any rights it may have against you or any other user.</p>
<strong>Government Use.</strong> If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies.
The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.</p>
<strong>Covered Borrowers under the Military Lending Act.</strong> Notwithstanding any other provision of this Agreement, Sections 5 (Mandatory Arbitration), 6.7 (Limitations of Liability), and 6.8 (Statute of Limitations), and the waiver of defenses provision of Section 6.1 shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R.
Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.</p>Affirm E-Sign Consent Agreement1.
ELECTRONIC DISCLOSURES<p>In connection with the Affirm Services, Affirm, Affirm and Celtic Bank, a Utah State Chartered Industrial Bank, Member FDIC, or Affirm and Cross River Bank, a New Jersey State Chartered Commercial Bank, Member FDIC, are required by law to provide you with certain disclosures in writing.
Celtic Bank and Cross River Bank are each referred to severally as a "Partner Bank" herein.
Without your consent, Affirm and each Partner Bank are not permitted to provide those disclosures to you online.
<p>Electronic delivery of communications </p>
and (4) any other disclosures required by law regarding your legal rights and obligations relating to the Affirm Services.
<p>By providing your consent as set forth below ("Consent"), you agree to the following:</p>
<li>Affirm and any Affirm Partner may provide any or all Disclosures either electronically on the Affirm Website or in any Affirm App, through a hyperlink provided on the Affirm Website or in any Affirm App, and, at its sole discretion electronically to the email address or mobile telephone number that you have provided to us, either directly or indirectly via the merchant to whom Affirm or the Affirm Partner will send funds on your behalf, or by making them accessible via our websites or applications.</li>
<li>Affirm and/or an Affirm Partner may, but is not required to, notify you via email or text message when the Disclosures are available and how to view them, either via the hyperlink, email, or other electronic method described herein.
The Disclosures will be provided to you in a format that can either be retained, printed or downloaded for your records.</li>
<li>Your electronic signature on agreements and documents has the same effect as if you signed them in ink.</li>
<li>Your Consent applies to any transaction undertaken through the Affirm Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Affirm Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.</li>
<li>Your Consent means that Disclosures Affirm and any the Affirm Partner provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.</li>
MINIMUM REQUIREMENTS.<p>You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:</p>
<li>A computer or mobile device with an Internet connection or mobile connectivity and the ability to download and run the software described in this Section 2;</li>
<li>For website-based Disclosures accessed by computer, the computer must have a current operating system and web browser (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox.
Macs should be running OSX and Safari, Chrome, or Firefox);</li>
<li>For Disclosures accessed by mobile application or mobile website, the mobile device must have a current operating system and web browser (for Apple devices, the most current version of iOS or one prior, and for Android devices, the most current version of the Android operating system or one prior), and the most current version of the Affirm App(s) through which you access or use the Affirm Services;</li>
<li>A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader);</li>
<li>A valid email address, and, if you use a spam filter that blocks or re-routes emails from senders not listed in your address book, you must permit messages from the affirm.com domain in your spam filter.
<li>A working mobile telephone number that can receive text messages.
<li>Sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.</li>
<p>We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures.
Continuing to use the Affirm Services after receiving notice of the change is the reaffirmation of your Consent.</p>3.
WITHDRAWING CONSENT.<p>You are free to withdraw your Consent at any time.
If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us at Affirm, Inc., Attn: Electronic Communications Delivery Policy, 30 Isabella Street, Floor 4, Pittsburgh, PA 15212.
Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request.
The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your Consent is effective will not be affected.
If you withdraw your Consent, Affirm may close or limit access to your account and the Affirm Services.
You agree to pay any amount owed to Affirm and/or the Partner Bank even if you withdraw your Consent and we close or limit access to your account.</p>4.
RIGHT TO REQUEST AND RECEIVE PAPER COPIES.<p>You agree that Affirm may modify or change the methods of disclosure described herein, and that Affirm and/or the Partner Bank may send you Disclosures in paper form at its option.
You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you.
To request a paper copy of a Disclosure, contact Customer Care at (855) 423-3729.</p>5.
UPDATING YOUR INFORMATION<p>You agree that it is your responsibility to notify Affirm of any changes to your primary email address, phone number, or any other contact information so that Affirm can communicate with you electronically.
You agree that Affirm is not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that is not caused by Affirm's failure to send such a Disclosure or notice to the phone number or email address you have provided to us.
We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid.
your email or Internet service provider filters the notification as "spam" or "junk mail".
there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software.
or for other reasons beyond our control.</p>
<p>It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Affirm Services, and to maintain and update promptly any changes in this information.
To update your information, contact Customer Care at (855) 423-3729.</p>6.
YOUR CONSENT TO ELECTRONIC DISCLOSURES<p>Before using the Affirm Services, you will be asked for your agreement to the Affirm Terms of Service, including this Affirm E-Sign Consent Agreement, by clicking "Create Account." This action constitutes your electronic signature and manifests your Consent and agreement to this Affirm E-Sign Consent Agreement.</p>
<p>If you do not provide your Consent, you may not use the Affirm Services and must discontinue your use of the Affirm Services immediately.</p>