Summary of Terms and Condition
AGREEMENT BETWEEN USER AND MYPERKUP.COM
These Terms of Service (“Terms”) apply to your access to and use of the website, mobile site, and other online products, applications, and services available on or through the website (“Site”) provided by PerkUp Financial Health, LLC (“PerkUp”). By using the Site, including using any of the services provided on or through the Site (“Services”), you agree to be bound by the Terms that follow, as we may modify them from time to time. If you do not agree to these Terms, or if you do not have the right, power, and authority to agree to and be bound by these Terms, you may not use the Site. Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.
PerkUp is a rewards program with a mission – we help you earn super prizes aka “perks” while improving your financial know-how and helping you make healthy financial decisions. PerkUp partners with employers and financial institutions to develop programs to improve financial literacy and to make socially responsible and affordable loans available to individuals. PerkUp offers a loan matching service through its PerkUp loan product. When you apply for a loan through PerkUp loan, you will apply to one of these financial institutions. All of the information you provide as part of your PerkUp loan application will be subject to the individual lender’s privacy policy which we encourage you to read in its entirety. Links to the lenders’ privacy policies are below. You will be able to identify these pages by the name and logo of the lender which will be clearly displayed.
Any page on our website that does not clearly display the name and logo of a lender is operated by PerkUp. We value your privacy and want you to understand how we will use any personal information you provide.
PRIVACY
Use of myperkup.com is subject to PerkUp’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
By enrolling in PerkUp and providing us your contact information, such as your email and phone number, you verify that you are the current subscriber or owner of that email and phone number. In addition, you agree that PerkUp and its direct Third Party Service Providers may contact you via email, phone call, or text message. We may contact you for various communication purposes including, but not limited to, providing you with updates to our Terms of Service, delivering notices regarding your account, gathering feedback, and fulfilling support requests. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages.
SMS MOBILE MARKETING COMMUNICATIONS
1. When you opt-in to the service by either texting the “Join” code or opting in on our application, we will send you an SMS message to confirm your signup.
2. You can cancel the SMS service at any time. Just text “STOP” to 844-737-5871. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If at any time you forget what keywords are supported, just text “HELP” to 844-737-5871. After you send the SMS message “HELP” to us, we will provide you with our Helpdesk number to provide any help needed with our SMS services as well as instructions on how to unsubscribe.
4. We can deliver messages to the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
***Carriers are not liable for delayed or undelivered messages***
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive about 4 messages a month, but that frequency may vary from month to month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected] or call or text our Helpdesk at 1 – 844 – 737 – 5871.
6. If you have any questions regarding privacy, please read our privacy policy:
http://www.myperkup.com/privacy-policy/
YOUR ACCOUNT
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PerkUp is not responsible for third party access to your account that results from theft or misappropriation of your account. PerkUp and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
By registering for an account with PerkUp, you consent to have your employer notified of your registration and employment verified on a routine basis. PerkUp has the right to deactivate your account if you are no longer employed with a participating company.
AUTHORIZED USERS
PerkUp authorizes you to use this Site solely for your own personal, non-commercial use. Any other use is strictly prohibited. You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any material on the Site. The Site is not directed at children under 18 years of age. Any use of the Site by anyone under 18 years of age is unauthorized and in violation of these Terms and Conditions. By using this Site you acknowledge that you have read and understood the terms of the PerkUp Terms and Conditions.
CONTROL OVER FEATURES, FUNCTIONS, AND ACCESS TO THE SERVICE
PerkUp reserves the right to change any information, features and/or functions of the financial literacy program without prior notice. PerkUp may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that PerkUp determines, in its sole discretion, violate these Terms, the rights of PerkUp or any third party, or is otherwise inappropriate. PerkUp is not responsible for any errors or delays in providing the PerkUp and or/ financial loan product matching caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.
PERKS
PerkUp may offer you the chance to win prizes on the Site (“Perks”). Such Perks are provided subject to the rules posted on the Site in connection with such Perks.
If you have any questions regarding prizes or perks, please read out prize rules: http://www.myperkup.com/prize-rules/
FINANCIAL INSTITUTION AND LOAN SERVICES
PerkUp has a loan matching service which connects consumers with prospective lenders participating in the PerkUp loan Program (“participating lenders”). PerkUp is not a financial institution nor a lender. To use the service, you must complete a pre-qualification form on the PerkUp website and one or more online application forms that request specific information from you on behalf of the participating lender including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. The use of this information is subject to this site’s Privacy Policy. In order to use this web site or the service, you must agree to the separate terms and conditions set forth in the Privacy Policy. http://www.myperkup.com/privacy-policy/
By submitting an application form(s) for the PerkUp Loan or Savings Account, you are extending an expressed consent to PerkUp and each of the participating lenders and/or aggregate of lenders with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested. Participating lenders and/or aggregate of lenders who receive your application information will review your information in real-time to determine whether your information meets the lender’s loan qualification criteria. Participating lenders may, among other things, verify your employment, your social security number, perform a bankruptcy check, and review your information against national databases that tracks consumer transactions with lending institutions. By submitting the application form(s), you agree to allow participating lenders to review, verify, and research your information in such manner.
If a participating lender and/or aggregate of lenders determines that your application meets its loan qualification criteria, PerkUp may redirect your browser to the lender’s web site or to our technology partner websites. You understand and agree that, once you have been redirected to the lender’s web site, PerkUp has no further involvement in the loan application or approval process. Your subsequent interactions with the lender are subject to their Privacy Policy, terms of use, and other policies and/or terms enforced by that lender. See below for individual lender policies.
PerkUp is not a lender and does not make loans or credit decisions in connection with its loan matching service. PerkUp does not guarantee acceptance into any particular loan program or specific loan terms of conditions with any participating lenders. PerkUp does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by participating lenders through the loan service are the best terms available in the market.
PerkUp is not an agent of you or any participating lender. You understand that participating lenders may keep your application information, whether or not you are qualified for a loan with them.
ACCESSING FINANCIAL COACHING SERVICES WITH NEIGHBORHOOD TRUST
You acknowledge that the advice given in connection with financial coaching services is for informational purposes only and is not intended to recommend any investment or to provide any legal, business, or tax advice of any kind. No advice given by PerkUp and Neighborhood Trust (Trust Plus) as part of these services shall constitute an offer or solicitation in any jurisdiction to purchase or sell securities of any kind. All of the financial coaching services are intended exclusively to constitute financial literacy education related to generally accepted financial concepts, techniques, and principles. You also acknowledge understanding that PerkUp nor Neighborhood Trust are “credit repair organizations” as defined in 15 U.S.C. §§ 1679-1679j of Title IV of the Consumer Credit Protection Act; nor do we sell services that claim to improve or fix a Participating Employee’s ’s credit record, credit history, or credit rating for a fee. To learn how Neighborhood Trust uses and protects your information, please see Neighborhood Trust’s terms and conditions https://www.neighborhoodtrust.org/terms-of-service-and-privacy-policy/.
MARKETING MATERIALS
These materials represent best practices and are marketing materials intended to help employees understand, appreciate and use the PerkUp program. The materials are not intended to be legal planning documents and are not intended to satisfy the client’s legal requirements regarding employee communications.
The materials are provided on an “as is” basis, without warranties of any kind. PerkUp expressly disclaim any and all representations and warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
PerkUp makes no representation, warranty or guarantee as to the content, accuracy or completeness of the materials, or that the materials will be error-free or will comply with any legal or regulatory requirements to which the client is subject. The user of these materials expressly agrees that its use of the materials is at its sole risk, and that it assumes full responsibility for all risks associated with its use of the materials.
If we change our privacy policy, we will update this page and provide a new effective date. </p>
LINKS TO THIRD PARTY SITES AND SERVICES
Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PerkUp and PerkUp is not responsible for the contents of any Linked Site, including without limitation any linked contained in a Linked Site, or any changes or updates to a Linked Site. PerkUp is providing these links to you only as a convenience. And the inclusion of any link does not imply endorsement by PerkUp of the site or any association with its operators.
Certain services made available via Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that PerkUp may share such information and data with any third party with whom PerkUp has a contractual relationship to provide the requested product, service, or functionality on behalf of PerkUp users and customers.
UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and us myperkup.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PerkUp that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other parties use and enjoyment of the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation there of, and any software used on the Site, is the property of PerkUp or its suppliers and protected by copyright and other laws that protect intellectual property and property rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes there to.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PerkUp content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PerkUp and the copyright owner. You agree thar you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PerkUp or our licensers, except as expressly authorized by these Terms.
INTERNATIONAL USERS
The Service is controlled, operated, and administered by PerkUp from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PerkUp content accessed through app.myperkup.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless PerkUp, it’s officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) related to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of terms of this Agreement or your violation of any rights of a third party, or your violation of applicable laws, rules, or regulations. PerkUp reserves the right, at its own cost, to assume that exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PerkUp in asserting any available defenses.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by PerkUp, or to any acts or omission for which you may contend PerkUp is liable, including but not limited to any controversy or claim as to arbitrability (“Dispute”), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND PERKUP WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. By using PerkUp’s service, you consent to these restrictions.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and PerkUp, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PODUCTS, AND SERVICES INCLUDED IN OR AVAILBLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERIN. PERKUP FINANCIAL HEALTH, LLC. AND/OR ITS SUPPLIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PERKUP FINANCIAL HEALTH, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILTY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTATINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMAITON, SOFTWAE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANY OR CONDITION OF ANY KIND. PERKUP FINANCIAL HEALTH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERKUP FINANCIAL HEALTH, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL DAMAES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGANCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PERKUP FINANCIAL HEALTH, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVELIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
PerkUp reserves the right, it its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Louisiana and you hereby consent to the exclusive jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PerkUp as a result of this agreement or use of the Site. PerkUp’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PerkUp’s right to comply with governmental, court, and law enforcement requests and requirements related to your use of the Site or information provided to or gathered by PerkUp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, by not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PerkUp with respect to the Site and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PerkUp with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the expressed wish to the parties that this agreement and all related documents be written in English.
CHANGE TO TERMS
PerkUp reserves the right, in its sole discretion, to change the Terms under which myperkup.com is offered. The most current version of the Terms will supersede all previous versions. PerkUp encourages you to periodically review the Terms and stay informed of our updates.
CONTACT US
PerkUp welcomes your questions or comments regarding the Terms:
PerkUp Financial Health, LLC
Attn: PerkUp Management
805 Howard Ave. Suite 201, New Orleans LA 70113
Email Address: [email protected]
Telephone: 844-737-5871
Effective as of August 4, 2022