Terms of Use, Electronic Signature and Records Consent

Effective date: October 18, 2021

1. Acceptance of Terms of Use, Other Agreements, and Amendments.

Acceptance. This Terms of Use and Electronic Records Consent (“Terms of Use”) governs the relationship between you and OPY USA Inc (“Opy”) in respect of your use of the Opy website (“Website”), and Opy mobile application (“Application”). Please carefully read this Terms of Use. The Website and Application are offered for your use on the condition that you read and accept this document and agree to be bound by its terms. By accessing or using the Website or Application, you are considered to have accepted this Terms of Use. If you do not agree with or otherwise do not wish to accept this Terms of Use, do not access or use the Website or Application.

Other Agreements. Your use of the Website or Application may be subject to other agreements or authorizations with us or the relevant third-party originating bank that offers the Opy products through our platform. To the extent of any inconsistency between this Terms of Use and other agreements or authorizations with us or the relevant third-party originating bank for Opy, such other agreements or authorizations shall prevail.

Amendments. Opy reserves the right to amend this Terms of Use from time to time. Opy will notify you of the amendments through any reasonable means at our discretion, such as publication on the Website, notification through the Application, or via email to you. The amendments will be effective immediately, unless we state otherwise in our notice to you. Your continued access and use of the Website, or Application constitutes your agreement to be bound by the updated Terms of Use. The Website or Application may be modified or terminated, in whole or in part, at any time without prior notice to you.

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.

4. Communications.

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.

5. Privacy.

The Privacy Policy, available at https://www.opy.com/us/online-privacy/, are incorporated herein by reference. You acknowledge, agree and consent to the terms of the Privacy Policy by your use of the Website or Application.

6. Security.

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 License. We grant you a limited, non-exclusive, revocable, and non-transferable license to download, install, and use the Application or any application available through the Website for your own use on a mobile device or computer owned or otherwise controlled by you strictly in accordance with these Terms of Use and any other agreement you have with us. You acknowledge and agree that the Application or any application available through the Website is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application or any application available through the Website under these Terms of Use, or any other rights other than to use the Application or any application available through the Website in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use.

Ownership. Opy owns and retains all rights, title, and interest in and to the Website and Application and their features, functionality and entire contents, including without limitation, text, data, articles, design, source code, software, photos, images, graphics, user interfaces, trademarks, logos, sound, video, other information as well as any part thereof or any updates and the design, structure, selection, coordination, expression and arrangement of any of the foregoing, and any and all present and future intellectual and industrial property rights anywhere in the world including copyright, know-how, designs, patents and trademarks, and any application or right to apply for registration of those rights (“Intellectual Property Rights”) therein and thereto (collectively, the “Content”). You acknowledge that the Website, Application, and Content are protected by United States and international trademark, copyright, patent, trade secret and other intellectual property or proprietary rights laws. You will not at any time, including after any termination or expiration of these Terms of Use, undertake or permit a third-party to undertake any act which infringes or attempts to infringe those Intellectual Property Rights and, without limiting the generality of the foregoing, you specifically acknowledge that you must not copy the Website, Application, or Content, in whole or in part, except as otherwise expressly authorised in these Terms of Use. Except as explicitly provided herein, nothing in these Terms of Use shall be construed as conferring any transfer, conveyance or license to any Intellectual Property Rights of Opy or its licensors, whether by estoppel, implication or otherwise. All rights not expressly granted in these Terms of Use are reserved by Opy.

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:

  • Other than as expressly provided in these Terms of Use or otherwise permitted by law, you must not use, copy, display, download, store, reproduce, republish, publicly display, distribute, post, transmit, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based on the Website, Application, or the Content, or any part thereof, without the advance written permission of Opy.
  • 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.

Your Content. Any questions, comments, suggestions, ideas, concepts, know-how, techniques, discussions or the like (“Submissions”) in any communications or other material that you send us through the internet, post on the Website, post on any other Opy website, provide through the Application, send to us by electronic mail, or otherwise provide to us will be deemed non-confidential and Opy shall have no obligation of any kind with respect to such information. Opy will be free to use any Submissions for any purpose whatsoever, including but not limited to, developing and marketing products and services. Nothing contained herein shall be construed as limiting our responsibilities and obligations under our Privacy Policy.

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.

You agree not to submit or transmit any materials or emails through the Website, Application, or otherwise to us that (i) are defamatory, threatening, obscene or harassing; (ii) contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of the Website, Application, or of any Opy system or server connected to the Website or Application; (iii) incorporate copyrighted or other proprietary material of any third-party without that party’s permission; or (iv) otherwise violate any applicable laws. Opy shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

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);
  • You agree to and will abide by all of the terms and conditions of these Terms of Use;
  • 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 breach of any term in this Terms of Use;
  • 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.

Termination, suspension, or throttling pursuant to this section will not affect our ability to pursue any other rights or remedies under this Terms of Use or applicable law.  In our sole discretion, Opy may notify you of the breach or reason giving rise to the right to terminate, suspend, or throttle and request that you rectify the breach or reason within the period specified in the notice.

13. Survival.

The following provisions of this Terms of Use shall survive termination of your ability to access to the Website or Application: the sections concerning Intellectual Property, Representations and Warranties, Disclaimer of Warranties, Limitation of Liability, Indemnification, Waiver, Governing Law, Arbitration, this provision, and any other provision that by its terms survives termination of your use or access to the Site.

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.

The Website, Application, and all of their Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The Opy Parties do not warrant that the Website and Application are free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Terms of Use.

16. Limitation of Liability.



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
  • any use of the Website, Application, or Services by other users, including any use of the Website, Application, or Services by other users in manner which contravenes this Terms of Use.

17. Indemnification.

You agree to indemnify and hold the Opy Parties harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website or Application, any violation of these Terms of Use, any violation of law, or violation of the rights of any third-party.

18. Arbitration.


18.2 In this Arbitration Section:

  • a) “You” and “your” mean the individual entering into this Terms of Use, as well as any person claiming through such individual;
  • 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;
  • c) “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Terms of Use or the relationship between us and you (including claims arising prior to or after the date of the Terms of Use, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third-party claims or otherwise, as well as disputes about the validity or enforceability of this Terms of Use or the validity or enforceability of this Arbitration Section.

18.3 Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed (“Rules”). If neither administrator is available, then either we or you may petition a court to appoint an arbitrator. Any arbitration under this Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. If you file a claim, you may choose the administrator; if we file a claim, we may choose the administrator, but we agree to change to the other permitted administrator at your request (assuming that the other administrator is available). You can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, 1-800-778-7879, www.adr.org; or by contacting JAMS at 18881 Von Karman Ave., Suite 350, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. The address for serving any arbitration demand or claim on us is: OPY USA Inc., 401 W A St., Suite 200, San Diego, CA 92101.

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.


18.10 You understand that you may reject the provisions of this Arbitration Section, in which case neither us nor you will have the right to elect arbitration. Rejection of this Arbitration Section will not affect the remaining parts of this Terms of Use. To reject this Arbitration Section, you must send us written notice of your rejection within 30 days after the date after you agreed to this Terms of Use. You must include your name, address, and account number. The notice of rejection must be mailed to OPY USA Inc., 401 W A St., Suite 200, San Diego, CA 92101. This is the only way that you can reject this Arbitration Section.

18.11 You and we acknowledge and agree that the arbitration agreement set forth in this Arbitration Section is made pursuant to a transaction involving interstate commerce, and thus the FAA shall govern the interpretation and enforcement of this Arbitration Section. This Arbitration Section shall survive the termination of this Terms of Use.

19. Assignment.

You may not assign, novate or otherwise transfer any of your rights or obligations under this Terms of Use without the prior written consent of Opy, which shall be at its sole discretion. Opy may assign, novate or otherwise transfer any of its rights or obligations under this Terms of Use at its sole discretion without written notice to you.

20. Waiver.

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.

21. Severability.

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

22. Governing Law.

By accessing or using the Website, Application, or Services, you agree that to the degree not preempted by federal law, the laws of the State of Delaware will govern these Terms of Use without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. If you become an Opy borrower, the terms of the Opy credit contract will be governed pursuant to the terms of that agreement.

23. Further Assurances.

You agree that you will, at your own expense, do all things and execute all further documents necessary to give full effect to this Terms of Use.

24. Contacting Opy.

In the event you need to contact Opy regarding this Terms of Use, the Website, or Application please contact us using one of the following contact methods:

OPY USA Inc., 401 W A St., Suite 200, San Diego, CA 92101, by phone at 1-800-983-2533; or via email at info@opy.com

Effective date: October 18, 2021