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Summary of Terms and Conditions

 

1. Customer information

PerkUP, LLC (“PerkUp”) is a Texas corporation that works with 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 Quickloan product. When you apply for a loan through PerkUp Quickloan, you will apply to one of these financial institutions. All of the information you provide as part of your PerkUP Quickloan 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.

The only personal information we require to access the site is your company email address and name of your employer. We use this information to communicate with you and to verify your eligibility for a PerkUP Quickloan. We may use this information in connection with “cookies” and other online tools to help us understand how you have used our website.

We may share this information with third-parties who will help us evaluate our programs and our website. We may also send you relevant third-party product or service offerings with your expressed permission. It is not the intent of PerkUP to sell or disclose to third parties your individual personal information but Perk UP may send you offers on their behalf with your expressed consent. We may also provide you with a number of financial planning tools directly or direct you to tools provided by third parties and provide site links to these tools. It will be your prerogative to visit these sites or choose not to.

By accessing the myperkup.com web site and using the services on this site, you agree to be bound by the terms and conditions (“Terms”) below. Please read these Terms carefully. If you do not agree to these Terms, please do not access or use this web site. The myperkup.com web site is operated as a website located at http://www.myperkup.com.   (“Site”)

2. 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.

3. 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.

4. Security at the Site

While PerkUp uses reasonable efforts to safeguard the security of the Site, there is no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. PerkUp assumes no responsibility for any unauthorized alterations in the content or functionality of the Site.

5. 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.

Add copy here- rules on raffles, guaranteed prizes and other perks

6. Financial Institution and Loan Services

PerkUP has a loan matching service which connects consumers with prospective lenders participating in the PerkUP Quickloan Program (“participating lenders”). Perk UP 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. PRIVACY POLICY

By submitting an application form(s) for the Perk Up Quick Loan, 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.

7. 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.

8. Trademark Information and Proprietary Rights

Everything that appears on the PerkUP website is protected under the intellectual property laws of the United States and may not be used except as provided in these Terms of Service. PerkUP neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties.

9. Disclaimers and Limitations

THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” PerkUP EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PerkUP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR PerkUp’S SERVICES IS AT YOUR OWN RISK. PerkUP AND/OR ITS PARTICIPATING LENDERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR PerkUp’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PerkUP OR ITS PARTICIPATING LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY PerkUP, ITS PARTICIPATING LENDERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Indemnity

As a condition of using this web site and/or the services offered herein, you agree to indemnify PerkUp and its participating lenders from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

11. 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. The arbitration will be conducted in Harris County, Texas and judgment on the arbitration award may be entered into any court of competent jurisdiction in Harris County, Texas. 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 sitting in Harris County, Texas. 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.

12. Other Terms

By providing your cell phone number, you are agreeing to receive promotions from us and our partners on your mobile phone. We do not charge you to participate in this program. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will we be responsible for fees that your wireless carrier or other third parties may charge you for use of the Service.

These Terms constitute the entire agreement between you and PerkUP. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by PerkUP to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. PerkUp may amend these Terms at any time by posting the amended terms on its web site. All amended terms are automatically effective immediately, upon posting.