(last updated May 23, 2021)
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE MAROO WEBSITE OR USE THE MAROO SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The Parties to this Agreement.
These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Maroo, Inc. (including its subsidiaries and affiliates ("Maroo," "we," "us," "our") regarding (1) your use of this website ("Website") or the Maroo mobile application (the "App") described below in Section 2.1), (2) your use of the Website, App, or a third-party website in connection with a product or service offered directly by Maroo, as applicable, (3) your use of "Additional Tools" as described below in Section 2., (4) your use of any other service(s) offered through the Website or App), as applicable, and (5) your access to your Maroo account information and service through the Website or App (collectively, the "Maroo Service(s)" or "Service(s)").
We may partner with banks (each, a "Bank Partner") to offer certain products and services and we offer certain products and services directly to you. If you are approved for a product offered through Maroo by one of these partnerships, or through other partnerships with Bank Partners, you will enter into an agreement with the Bank Partner. Notwithstanding any other provision of this Agreement, any agreement you enter into with a Bank Partner (and not this Agreement) will control with respect to the associated Bank Partner product.
Changes to this Agreement
Maroo may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a loan). Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE MAROO SERVICES AFTER CHANGES HAVE BEEN POSTED.
If Maroo makes any changes to this Agreement that it deems to be material, Maroo will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or if you are a ward of the state in Nebraska) and a resident of the United States or its territories. Residents of Iowa and West Virginia are not eligible for loans offered by a Bank Partner service. Loans originated directly by Maroo may not be available in all states. You represent and warrant that you are eligible to use the Services.
Buy with Maroo
When you buy with Maroo you may be offered a closed-end installment loan product with terms as expressed in your Loan Agreement. Loans may be offered by a Bank Partner through Maroo's technology platform or by Maroo directly through Maroo's technology platform or through a third-party website. Loan term options may vary based on purchase price and merchant and may not be available in all states. Maroo's services allow you to buy goods or services offered by merchants ("Merchants") for personal use. If you buy with Maroo, either Maroo or Bank Partner (the "Lender"), depending on the product, will pay the Merchant on your behalf in exchange for your promise to repay the same amount plus a finance charge, where applicable.
Your Promise to Pay
Before completing any transaction on your behalf through any Maroo Services, Maroo will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the Total Payments amount to Lender or its assigns, by asking you to click the button to confirm your loan.
Rates range from 0% to 5% fixed Annual Percentage Rate ("APR"), depending on your creditworthiness and/or the type of product offered (0% APR may only be offered at select merchants). Loans are simple interest loans, which means that interest, if any, accrues daily on the unpaid principal balance, up to the amount of the finance charge, until you pay the loan in full.
Loans may be subject to a finance charge based on the applicable interest rate. The Lender will always disclose the specific finance charge before you agree to any loan.
Late Payment Fee
You will never be charged any late fees when you buy with Maroo.
Delays in Processing
In some cases when you attempt to use "Buy with Maroo" to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Maroo or the merchant and can be cancelled at any time until it is confirmed by Maroo.
Extended Ship/Render Date
If when buying with Maroo, one or more items in your order has an extended ship/render date, your loan payment(s), including interest, may be due before the merchant delivers its goods or services. Please note that you may not receive a rebate of any interest that may have already accrued on an amount that later gets refunded.
For the purchase of certain goods or services, you may be required to make an immediate, one-time partial payment of the purchase price (a "Partial Payment"). If you are required to make a Partial Payment, you acknowledge that, notwithstanding the fact that Maroo is not a party to the initial agreement between you and the merchant (i.e., your purchase), Maroo acts as the merchant's payment collection agent for the limited purpose of accepting Partial Payments from you on behalf of the merchant. Upon your payment of a Partial Payment to Maroo, your payment obligation to the merchant for the Partial Payment is extinguished and Maroo is responsible for remitting the Partial Payment to the merchant. In the event that Maroo does not remit a Partial Payment to the merchant, the merchant will have recourse only against Maroo and not you.
Tools We May Offer: We may from time to time offer you the ability to access certain financial management tools. Examples of such tools include financial calculators, customized financial analysis, bill payment reminders, dashboards with information about your debts (including debts you may owe others) and/or assets, and other similar services. Unless we indicate otherwise, these tools will be provided free of charge and are provided exclusively for personal use.
Autofill of Information: In order for you to have a more seamless shopping experience while using your payment instrument with another financial institution, we will store some of the information that you provide to us and use that information to autofill different forms for you during your shopping journey.
More detail on how it works is below. While using the Services, we may ask for your personal information and contact details such as name, shipping address, telephone number, email, VCN card details, debit/credit card details (excluding CVV), and billing address for those cards. We will keep this information in our systems so that when you return to us, you will only need to provide basic details in order for us to automatically fill in the remaining fields to complete your transaction.
When you shop with a merchant directly from the Maroo App, we can autofill your details on the merchant's site. This is enabled by you being logged in to the app so that we know it is you that is shopping with that merchant. If you no longer want to use the autofill feature, you can go to the Profiles Tab in the Maroo mobile app and remove your payment instrument under Payment Methods.
Limitations on Tools: You agree that we may modify the tools or cease making them available to you at any time without notice. We have no obligation to continue to make any particular tool available to you or to do so without charge. If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us. To the extent that the tools present information regarding financial accounts you may have with other lenders or financial institutions, you understand that the information may not be up to date.
Before acting on any such information, you should confirm its accuracy with the lender or financial institution holding the account. There may be times when a tool we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the tools generally. You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality.
You understand that some tools or some tool functionality may only be available to consumers who have relationships with certain lenders, service providers or financial institutions or who have certain financial products. If you do not have such relationships or products, you understand that you may not be eligible to use a tool or all of its functionality. You agree that we may use information we gather through the tools to market other products and/or services to you, including those of third parties.
Third Party Providers: We may rely on third party providers to assist us in making a tool or other Maroo Service available to you. By linking your bank account to a tool or Service, you authorize us and our third party providers to access your financial accounts on your behalf, and to gather information about you. You give us and our third party providers a limited power of attorney, and appoint us and our third party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services. You agree to the transfer, storage, and processing of your information by these third party providers in accordance with their respective privacy policies. We have no liability to you for any damages you may suffer as a result of any such third party's actions or inactions or from inaccurate account information.
Tools are Provided for Informational Purposes Only: Financial information provided through the tools is provided for informational purposes only and is not a substitute for individualized professional advice. We are not a credit repair or credit services organization as defined under federal or state law, including any credit repair or credit services organization acts. We do not provide "credit services" or "credit repair" services.
We do not advise or assist you with "rebuilding" or "improving" your credit. We make no representation that we will improve or attempt to improve your credit record, history or rating. The tools are not intended to provide financial, legal or tax advice, and we are not a financial planner, broker or tax advisor. The tools are intended only to provide general assistance in organizing your finances. Before making any financial decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Accuracy, Reliability and Timeliness of Information: YOUR USE OF THE TOOLS IS AT YOUR SOLE RISK. INFORMATION PROVIDED THROUGH THE TOOLS IS ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO WARRANTY THAT THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR RELIABLE.
Credit Report Authorization and Reporting. You expressly authorize Maroo, Inc. and/or any of Maroo's Bank Partners (each an "Maroo Creditor" and collectively "Maroo Creditors") to obtain (for itself or on behalf of another Maroo Creditor) consumer reports from consumer reporting agencies about you (1) when you apply for a loan or line of credit, (2) periodically throughout the term of your loan or while you have a line of credit (including in the month following the month when you pay off or otherwise satisfy the loan or line of credit) and (3) periodically in connection with the use of any other services that we offer or that you may obtain from us (including services involving financial management, credit profile tools, and the marketplace); in each case you expressly authorize us to use such information about you to (i) determine your eligibility for a loan or line of credit, (ii) market refinancings and Maroo's current and future products and services to you (including during or after the term of your loan, while you have a line of credit, or whenever you use any other service we offer or you obtain from us, such as financial management tools or the marketplace), (iii) provide you with other services (including financial management tools and credit profile tools) you may request, (iv) make decisions related to the servicing and collection of your account, (v) measure how the loan/line of credit you obtained through us impacts your credit, (vi) perform other statistical analyses, and (vii) share information with you about your credit profile.
If you apply for an additional loan or line of credit from us, you further authorize any Maroo Creditor that has information about you (including a consumer report) to convey such information to the applicable Maroo Creditor in order to determine your eligibility for such additional loan or line of credit. You understand that any of the Maroo Creditors and/or Bank Partners may report information about your loan or line of credit (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan or line of credit) to credit reporting agencies, and that such information may be reflected in your credit report.
Collection. You agree to allow Maroo to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Maroo E-Sign Consent, you agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay an amount owed to Maroo pursuant to this Agreement, Maroo may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.
Communication & Notification. You agree that Maroo may provide you communications about your account and a Maroo Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Maroo reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Maroo Service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification).
We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
You understand and agree that Maroo may monitor or record telephone conversations you or anyone acting on your behalf has with Maroo or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Maroo may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Maroo, and Maroo does not guarantee that recordings of any particular telephone calls will be retained or retrievable.Notwithstanding this provision, Maroo's delivery of any Disclosures governed by the Maroo E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
Working with Third Parties. If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Maroo account, you acknowledge that Maroo may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Maroo responsible for, and will indemnify Maroo from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
Agreement to Provide Accurate Information. When you provide information to Maroo or in connection with the Maroo Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
User Responsible for Fees. If you use the Maroo Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
Repayment Methods. You may use one of the acceptable methods of payment set forth in your relevant loan agreement to make one-time transactions to pay your account as payments become due or you may set up automatic account payments. Furthermore, nothing in this Agreement will be construed as applying to the extent inconsistent with the Loan Agreement related to your product or service including any loan originated directly by Maroo.
Currently acceptable methods of payment are:
Access to Your Account. You are responsible for maintaining the secrecy of the login credentials to your Maroo account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Maroo account and to any third party account you have used to login to your Maroo account. You are also responsible for maintaining the accuracy of the information in your Maroo account.
Website & App Content. The information on the Maroo website and App is for information purposes only. It is believed to be reliable, but Maroo does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice.
Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
Links to Other Websites. Links to non-Maroo websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Maroo has no control over the content on such non-Maroo websites. Maroo makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Maroo warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Maroo, you must do so at your own risk. Maroo does not guarantee the authenticity of documents on the Internet. Links to non-Maroo websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
Dormant Accounts. Maroo may close your account if you do not log in to your account or use the Maroo Services for two or more years. Maroo will retain your information in accordance with Section 3.7 above.
Feedback You Provide. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
By using the Maroo Services, you agree that:
Disputes with Maroo. If a dispute arises between you and Maroo, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Maroo at [email protected] to try resolving your problem directly with us.
Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE MAROO SERVICE OR THE WEBSITE. Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Maroo Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Maroo shall be resolved by non-appearance based binding arbitration, rather than in court.
Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the "AAA") pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the "Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Maroo will pay all arbitration fees and expenses. The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration.
The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in- person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Maroo each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Maroo and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our "Affiliates").
Except as explicitly provided elsewhere in this Agreement, all claims you bring against Maroo must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Maroo may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Maroo first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
Restrictions. You and Maroo agree that any arbitration shall be limited to the dispute between Maroo and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Maroo agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Maroo's intellectual property rights; and (2) any claim for injunctive relief.
Savings account disputes. Refer to Deposit Agreement link.
Operations. Maroo operates and controls the Services from its offices in the United States. Maroo makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Maroo to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. This Agreement is effective until terminated by either party.
You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Maroo or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Maroo) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Maroo if, in our sole discretion, you fail to comply with any term or provision of these Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement.
You may not assign these obligations under the Agreement without Maroo's prior written consent, but Maroo may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Maroo's request, you will furnish Maroo any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Maroo by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Updating Your Information. You agree that Maroo is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Maroo's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
Enforceability and Governing Law. The failure of Maroo to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Maroo with regard to your use of the Maroo Services and any previous Terms of Service that may exist between you and Maroo is hereby superseded. This Agreement cannot be changed or modified by you except as posted on the Services by Maroo. Except as provided in Section 5 (Mandatory Arbitration), if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. Except as provided in Section 5 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.
Intellectual Property. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Maroo or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
Trademark. "Maroo" is the marketing name for certain financial services activities of Maroo as operator of the Services. "Maroo" is a trademark of Maroo. Other featured words or symbols may be the trademarks of their respective owners.
Indemnification. You agree to indemnify, defend and hold Maroo and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.
DISCLAIMER OF WARRANTY
MAROO AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. MAROO AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MAROO AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
LIMITATION OF LIABILITY
MAROO AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MAROO AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE MAROO AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER MAROO NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
No Third-Party Beneficiaries. This Agreement is between you and Maroo. No user has any rights to force Maroo to enforce any rights it may have against you or any other user.
Government Use. If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
Covered Borrowers under the Military Lending Act. Notwithstanding any other provision of this Agreement, Sections 5 (Mandatory Arbitration), 6.7 (Limitations of Liability), and 6.8 (Statute of Limitations), and the waiver of defenses provision of Section 6.1 shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
1.1. Information you give Maroo
If you open an account or use the Maroo Services, either directly or through a merchant partner or a third-party platform, we may collect the following types of information:
1.2. Information Maroo learns from your Use
When you visit the Maroo website or use the Services, we may collect information sent to us by your computer, mobile phone or any other device. This information may include your IP address, device information including but not limited to identifier, name and type, operating system, location, mobile network information and standard web log information, such as your browser type, traffic to and from our site, the pages you accessed on our website, and any other available information.
We may also collect information about your use and interaction with our website, application or the Services. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity that may affect the availability of the Services. When you use the Services, we may also store information based on your usage history. This includes, but is not limited to, details of your purchases, content you viewed, event information, click stream information, and cookies that may uniquely identify your browser or your account.
We may also collect information about you from any contact you have with any of our services or employees, such as, with our customer support team, in surveys, or through interactions with our affiliates.
1.3. Cookies and other tracking technologies
We use various technologies to collect and store information when you use the Services, and this may include sending one or more cookies or device identifiers. We also use these tracking technologies when you interact with the services we offer to our partners, such as advertising services or Maroo features that may appear on other sites and in any other manner that we deem necessary for our business purposes, such as:
You can learn more about ad-serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. Note that if you delete your cookies, you may also delete your opt-out preferences
1.4. Information obtained from third parties
We may also obtain information about you from third parties such as credit bureaus and identity verification services. If you apply for a loan or line of credit with Maroo, we will obtain consumer reports from consumer reporting agencies related to you at the time of your collection and periodically throughout the term of your loan or line of credit, as well as in connection with the use of any other services that we offer or that you may obtain from us (including financial management services, credit profile tools, and the Maroo marketplace).
2.1. Safety policies
Maroo stores and processes your information maintaining physical, electronic and procedural safeguards. We maintain physical security measures to guard against unauthorized access to systems and use safeguards such as firewalls and data encryption. We enforce physical access controls to our buildings, and we authorize access to personal information only for those employees or agents who require it to fulfill the responsibilities of their jobs.
3. How Maroo uses your information
3.1. To improve our service
Maroo uses information to perform and improve our services, contact you, conduct research, and provide anonymous reporting for clients. For example, we may use information to provide customer service and support, process transactions, resolve disputes, collect payments, prevent illegal activities, customize the Services, reduce risk to all parties involved in our transactions, and verify the accuracy of information.
3.2. To serve relevant marketing to you
We may use information to deliver targeted marketing, service update notices, and promotional offers based on your communication preferences. We may combine your information with information we collect from other companies and use it to improve and personalize the Services, content, and advertising.
4. How Maroo shares your information.
4.1. For our everyday business purposes
4.2. When required by law
We will share your information with any party when required by law or by a government request to do so or to combat fraud or criminal activity.
4.3. With our merchant partners to provide personalized offers
We may share your information with merchants you interact with using Maroo for marketing, if you consent or as permitted by law. For accounts created on or after 11/30/17: By creating a Maroo account, you consent to Maroo sharing your information with merchants you use the Maroo Services with, for those merchants to market to you. We do this to help merchants personalize services and offers, so you can have a better experience. You're able to revoke your consent at any time by following the steps below. If you choose to do so, we will stop sharing your information with merchants from that point onward, except as necessary to complete transactions you initiate. To revoke your consent to information sharing with merchants for marketing, you can log into your Maroo account and edit your Personalized Services preferences.
5. What are your options?
If you no longer wish to receive notifications about our Services, you may change your notification preferences by emailing [email protected]. Alternatively, you may be able to indicate your preference by logging into your account and adjusting your preferences or by following the directions provided with the communication. Maroo reserves the right to close or limit access to your account should you opt out of the crucial notices that are required to perform the Maroo Service. You are still responsible for any amounts due to Maroo even if we close or limit access to your account.
5.2 SMS messaging
You can opt out of receiving SMS messages by emailing [email protected]. Alternatively, you may be able to indicate your preference by logging into your account and adjusting your preferences or by following the directions provided with the communication. Again, Maroo reserves the right to close or limit access to your account should you opt out of the crucial notices that are required to perform the Maroo Service. You are still responsible for any amounts due to Maroo even if we close or limit access to your account.
5.3 Access your information
You can review and edit your personal information at any time by logging in to your account or by contacting us at [email protected].
You can also request to close your account if you do not have an active loan by contacting us at [email protected].
6. California consumers
6.1 Your California privacy rights
Persons with disabilities may obtain this notice in alternative format upon request by contacting us at [email protected].
California Shine the Light: Residents of the State of California have the right to request information from Maroo regarding other companies to whom the company has disclosed certain categories of information during the preceding year for the other companies' direct marketing purposes. If you are a California resident and would like to make such a request, please click HERE or email [email protected].
California Consumer Privacy Act: The California Consumer Privacy Act ("CCPA") provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of "Personal Information," as well as the right to know/access, delete, and limit sharing of Personal Information. The CCPA defines "Personal Information" to mean "information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household." Certain information we collect may be exempt from the CCPA because it is considered public information (e.g., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
Right to notice at collection regarding the categories of personal information collected
You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. This notice should be provided at or before the time of collection. The categories we use to describe the information are those enumerated in the CCPA.
We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected.
Right to know about personal information collected, disclosed, or sold
You have the right to request that we disclose to you the Personal Information we collect, use, disclose, or sell. In order to process your request to know/access your Personal Information or delete your Personal Information we may ask you to take additional steps to verify your request or identity.
In order to process your request to know about or delete personal information we collect, disclose, or sell, we must verify your request. We do this by:
If you have authorized someone else to make requests on your behalf, we will require that you provide notarized statements confirming the identity and authority of that person. Such notarized statements can be obtained by emailing [email protected]
Right to know/access information
You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers' Personal Information, we are required to verify your identity before we can act on your request.
Right to request deletion of information
You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers' Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Right to information regarding participation in data sharing for financial incentives
You have the right to be free from discrimination based on your exercise of your CCPA rights. We may run promotions from time to time wherein we incentivize a consumer to share certain pieces of information with us. Participation in these incentives is voluntary, and you may opt out of the data sharing at any time.
Right to opt out of sale of personal information to third parties
Though Maroo does not sell Personal Information to third parties, California law requires that we maintain a separate webpage that allows you to opt out of the sale of your Personal Information in the future, which can be accessed by visiting our "Do not sell my info" webpage.
Please note that your right to opt out does not apply to our sharing of Personal Information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the Personal Information only for that function.
How to submit a request
You may submit a request to exercise your rights by visiting www.maroo.us/privacy, where you can request and download specific pieces of information we have collected. By signing in to your account to submit the request, you will be able to automatically verify your identity, which will result in faster processing of your request.
You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We require that you and the individual complete notarized affidavits in order to verify the identity of the authorized agent and confirm that you have authorized them to act on your behalf.
7. Nevada residents
7.1 Special information for Nevada residents
Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to other companies who will sell or license their information to others. Maroo does not sell the Personal Information of its customers. However, if you are a Nevada resident and would like to make such a request, please email [email protected].
8. Contact Maroo
8.1 Contact Maroo
Facts: What does Cross River Bank do with your personal information?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and Account balances, Payment history and Transaction history, Account transactions and Wire transfer instructions. When you are no longer our customer, we continue to share your information as described in this notice. How?;All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons Cross River Bank chooses to share, and whether you can limit this sharing.
Reasons we can share your personal information; Does Cross River Bank share?Can you limit this sharing? For our everyday business purposes - such as to process your transactions, maintain your accounts, offer loans or lines of credit, offer other financial services, respond to court orders and legal investigations, or report to credit bureaus; Yes; No For our marketing purposes - to offer our products and services to you; Yes; No For joint marketing with other financial companies; Yes;No For our affiliates' everyday business purposes - information about your transactions and experiences;No;We don't share For our affiliates' everyday business purposes - information about your creditworthiness;No;We don't share For nonaffiliates to market to you;No;We don't share
Questions? Call toll-free 1-877-55CRB55 or go to www.crossriverbank.com
What we do:
How does Cross River Bank protect my personal information?; To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate. How does Cross River Bank collect my personal information? We collect your personal information, for example, when you 1) Open an account or Apply for a loan 2) Make deposits or withdrawals from your account or Provide employment information 3) Give us your contact information. We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can't I limit all sharing?; Federal law gives you the right to limit only sharing for affiliates' everyday business purposes-information about your creditworthiness, affiliates from using your information to market to you, sharing for nonaffiliates to market to you. State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies. Cross River Bank does not share with our affiliates. Nonaffiliates; Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates we share with can include loan finance companies. Joint marketing; A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partner(s) include loan finance companies.
Other important information
Special Notice For State Residents
For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with non-affiliates either for them to market to you or for joint marketing-without your authorization.
For California Customers. We will not share personal information with non-affiliates either for them to market to you or for joint marketing-without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.
For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with non-affiliates either for them to market to you or for joint marketing-without your authorization.
For Vermont Customers. We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Additional information concerning our privacy policies can be found at www.crossriverbank.com or call 1-877-55CRB55
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