Effective date: October 18, 2021
Proceeding on the Website or in the Application. By proceeding on the Website or in the Application you agree (i) you have read this Consent and agree to be bound by its terms; (ii) you have read the Records and all applicable ancillary information and agree to be bound by their terms; (iii) you agree to receive this Consent, the Records and all other communication, including account opening disclosures and agreements in electronic form; (iv) you intend to affix your electronic signature to this Consent and all other applicable agreements; (v) your device satisfies the hardware and software requirements provided in the Consent, and (vi) you can access this pdf.
2. Consent to Electronic Records.
Your Consent. You consent to receive electronically any disclosure, notice, document, or communication (“Record”) that is required to be provided in writing from us or the relevant third-party originating bank for Opy. While any Record may be provided to you electronically, there is no obligation to do so, and any Record may be sent by mail to the address on file for you.
Scope of Consent. Your consent applies to any Record in connection with your use of the Website or Application.
Method. Opy may provide Records electronically by (i) sending you information by email; (ii) displaying it on or through the Application; or (iii) displaying it on the Opy Website. By providing your consent, you agree Opy may provide Records to you electronically and not in paper form. This includes Records, notices and responses to disputes you raise, tax-related information, statements, and privacy notices or policies.
Your consent also permits us to obtain your signature electronically in connection with your Account. You acknowledge and agree you are providing your consent to electronic Records in connection with a transaction affecting interstate commerce, and that your consent is subject to the federal Electronic Signatures in Global and National Commerce Act (E-Sign). Opy and you intend that E-Sign apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
You agree that this Consent and all Records and other communications provided to you as described herein are provided to you “in writing”. You should print or download for your records, a copy of this Consent, any applicable account agreements, and all other Records that are important to you.
Paper Copies. You may retain a paper copy of any Record by using the save or print function of your computer of mobile device. If you are an Opy applicant or approved borrower, you may also request a paper copy of any Record by contacting us at 1-800 983-2533.
Hardware and Software Requirements. To electronically access and retain the Records, you must satisfy the following computer hardware and software requirements:
- access to the internet with up-to-date supported web browsing software (such as the most recent version of Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari);
- an email account and related software capable of receiving email through the internet;
- software that allows you to view and print or save PDF documents (such as Adobe Reader or similar software);
- an operating system and hardware capable of supporting the above software requirements; and
- sufficient storage space or a printer that allows you to save or print electronic Records.
Updating Your Contact Information. You agree that you will promptly inform us of any changes to your email address or mailing address by updating your Opy account details. It is your responsibility to provide us with a true, accurate and complete email address and to maintain and update the address. You agree that if we send an email to you regarding any Record to the email address you have provided Opy and the email is undeliverable, we will have delivered the email to you. We have no obligation to send a duplicate paper copy in the event the email in undeliverable.
Withdrawing Consent. If you are an Opy applicant or an approved borrower, you may withdraw your consent to receive Records electronically by contacting us at 1-800-983-2533. If you withdraw your consent and you are an applicant, your application will not be approved. If you withdraw your consent and you are an approved borrower, you will not be able to request additional installment loan plans without reconsenting to receive Records electronically. When you withdraw your consent Opy will cease sending email Records to you. However, Opy may continue to provide you with in-Application notification of Records or posting of updated Records on the Website.
3. Opy User Account.
Opy User Account Registration. To apply for Opy, you will be required to create a user account. To be eligible to create a user account, you must be a legal U.S. resident and be at least 18 years of age (Alabama and Nebraska residents must be at least 19 years of age). To create a user account, you may be required to provide us with certain contact, identifying, and other information. We may also request additional information from you at any time.
Important Information About Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens a user account.
What this means for you: When you open a user account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Transaction Authorizations. As an Opy user, you authorize any third-party originating bank and Opy to allow transactions and to act on any instructions received via the Website, Application, or otherwise in connection with your Opy account.
Limitation on Number of Opy Account Users. You agree that:
- You will not register multiple user accounts, as an individual is only permitted to have a single user account;
- You will not allow other people to use your account; and
- You are responsible for the transactions of anyone you let use your account even if you did not authorize the transaction.
Updating Opy Account Information. You must promptly update your account details if any of your contact details (including email address or mobile phone number) change.
Consent to Receive Telephone Communications (Telephone Consumer Protection Act Consent). You agree to receive telephone calls and text messages from Opy, the relevant third-party originating bank for Opy and our service providers at any phone number you provide us. You agree that these calls and messages may concern the Opy services and your transactions with Opy, and further that such calls and messages may be for marketing purposes, including for products and services we think might be of interest to you. Your consent to receive marketing telephone calls and text messages is not a condition for receiving the Services. You may opt out of marketing communications by calling 1-800-983-2533. You also agree that this consent permits the use of automated dialers, pre-recorded voice, and artificial voice. You are solely responsible for any charges from your telephone service provide that result from our telephone calls and text messages to you, unless otherwise prohibited by law.
Call Monitoring. You consent to the recording and monitoring of any call for quality assurance, training, risk management, collection purposes, or any other legitimate purpose that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
Consent to Receive Email Communications. You consent to receiving emails at any email address you provide to us (i) in connection with the servicing of your account or providing the Services, and (ii) that are in the nature of marketing communications. You may opt out of receiving marketing emails by utilizing the “unsubscribe” function included in those emails.
Online Security is Limited. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While Opy strives to protect such information and keep your information confidential, it does not warrant and cannot ensure the security of any information transmitted to it by you. Accordingly, any information transmitted to Opy via the internet or email is transmitted at the risk of the sender. Nevertheless, once Opy receives transmissions from you, it will take reasonable steps to preserve the security and confidentiality of your information.
Users must take their own precautions to ensure that the process they employ for accessing the Website or Application does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their computer or mobile device. Opy is not responsible for any viruses, malicious computer code or other forms of interference experienced by you when accessing the Website or Application.
Account Password. You are responsible for protecting the confidentiality of your account password. Opy may require that you change your password if Opy suspects the security of your account has been compromised. If you suspect that there has been unauthorized access to your account or the security of your account has been compromised, you must notify Opy immediately and change your account password.
7. Application Updates.
We may from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and new features (“Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. We may require you to install Updates to continue using the Application.
8. Intellectual Property.
Limited Rights. You are only authorized to view, use, copy for your records and download small portions of the Content on the Website or Application for your informational, non-commercial, individual use, provided that you leave all copyright notices and any other proprietary notices intact.
Restrictions. Your access to and use of the Website and Application are subject to the following restrictions:
- You may not access, retrieve any data from, or otherwise perform any other activities on or through the Website or Application using any type of software or other automated process (including without limitation scripts, robots, scrapers, crawlers, or spiders).
- The commercial use, reproduction, transmission, or distribution of any Content, information, software, or other material available through the Website or Application without the prior written consent of Opy is strictly prohibited.
- Any use of the Website, Application, or Content other than as specifically authorized herein, without the prior written permission of Opy, is strictly prohibited, and any such use will immediately terminate all rights granted to you herein.
- The limited rights made available by us to you are revocable by us at any time without notice and with or without cause.
Trademarks. All product names, Opy’s company name, the Opy logo and all related names, logos, product and service names, whether or not appearing in large print or with the trademark symbol (the “Marks”), are trademarks of Opy, its affiliates, related companies or licensors, unless otherwise noted. The use or misuse of the Marks, except as expressly permitted herein, is expressly prohibited and may be in violation of trademark law, copyright law and other proprietary and intellectual property rights. You must not use such Marks without the prior written permission of Opy. All other names, logos, product and service names, designs and slogans on the Website and Application are the trademarks of their respective owners.
U.S. Government Rights. The Application and any application accessed through the Website are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency or employee of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
9. Your Conduct.
10. Export Restriction.
The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country other than the United States.
11. Representation and Warranties.
By using the Website or Application, you represent and warrant:
- You are at least 18 years of age (and at least 19 years of age if you reside in Alabama or Nebraska);
- All information you provide in connection with the Website or Application will be truthful and accurate;
- You will provide any information we reasonably request from you;
- You will not access the Website or Application, from a country that i subject to sanctions issued by the government of the United States;
- You are not included on any list of Specially Designated Nationals, blocked, prohibited, or restricted persons by the government of the United States;
- You will not attempt to disrupt the normal operation of the Website, or Application, or any infrastructure operated by Opy or other business activities of Opy;
- You will not personally engage in the practices of “screen scraping,” “database scraping” or any other unauthorized or unsecure activity with the purpose of obtaining content or other information;
- You will not attempt to gain unauthorized access to the Website or Application;
- You will not impersonate any other person in using of the Website or Application; and
- You will not use the Website or Application, in connection with the actual or attempted contravention of any applicable laws.
12. Termination, Suspension, and Throttling.
Opy may terminate, suspend, or throttle your access to the Website or Application, in whole or in part and with or without notice:
- If you are in default of any agreement with us or any third-party originating bank;
- If there is a risk of fraud;
- If you have not used the Application or Website for a period of 6 months or more; or
- For any other reason in our sole discretion.
14. Third-party Services and Links to Third-party Websites.
Third-party Services. You may be required to use certain third-party services (to obtain, access, or use the Website or Application. Your use of third-party services may be subject to fees and separate terms and conditions, and you acknowledge that Opy is not liable for the activities of any such third parties. You must comply with any applicable third-party terms of agreement when using the Website or Application. You are responsible for ensuring that your use of the Website or Application, does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
Links to Third-party Websites. The Website and Application may contain links (including via advertisements) to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third-party content or services may be subject to separate terms and conditions.
15. Disclaimer of Warranties.
Opy, its parent company, affiliates, subsidiaries, business partners, providers or their respective officers, directors, employees, agents, partners, independent contractors, or licensors (the “Opy Parties”) do not guaranty the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and disclaim liability for errors or omissions in the Content.
16. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPY PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, APPLICATION, OR SOFTWARE, EVEN IF THE OPY PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE OPY PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU. IN NO CASE WILL THE OPY PARTIES’ LIABILITY TO YOU EXCEED $1,000.
To the extent permitted by applicable law, the Opy Parties are not liable for any claims or losses arising directly or indirectly from:
- a failure to provide the Website, or Application, or any part thereof;
- corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, the Website, Application, or any Service;
- any suspension the Website, Application, or Service, or any part thereof; or
18.1 RESOLUTION OF DISPUTES: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED BELOW. THIS ARBITRATION SECTION SHALL NOT APPLY TO COVERED BORROWERS AS DEFINED IN THE MILITARY LENDING ACT.
18.2 In this Arbitration Section:
- b) “We” and “us” means the Opy Parties, and each of their respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, employees, and agents of each of them;
18.4 Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.
18.5 We will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for any fees paid by you to the administrator or arbitrator. Each party shall bear its own attorney’s, expert’s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.
18.6 Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1-16 (the “FAA”), and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award relating to a claim for more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s cost, regardless of its outcome. However, we will consider any reasonable written request by you for us to bear the cost.
18.7 YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. The validity and effect of this paragraph 19.7 shall be determined exclusively by a court, and not by the administrator or any arbitrator.
18.8 If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph 19.7 of this Arbitration Section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Section shall be deemed invalid and unenforceable. The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.
Opy’s failure or delay in enforcing any of your obligations, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Additionally, if Opy waives a particular obligation in one circumstance, it does not prevent us from subsequently requiring compliance with the obligation on other occasions.
22. Governing Law.
23. Further Assurances.
24. Contacting Opy.
OPY USA Inc., 401 W A St., Suite 200, San Diego, CA 92101, by phone at 1-800-983-2533; or via email at email@example.com
Effective date: October 18, 2021