Online terms and conditions for debt consolidation app service

Please carefully read these terms and conditions before accessing, activating or otherwise using the debt consolidation app service (“service”) offered by AVOLOAN INC. (“Avoloan”). This agreement, together with all updates, additional terms, software licenses, privacy policy and all the rules and policies related to the service, collectively constitute the “agreement” between you and Avoloan with respect to the service.

This agreement is in addition to other agreements anddisclosures that apply to your account(s).

If there is a conflict between this agreement and the terms and conditions of any disclosures or agreements that specifically address online services, this agreement will control in resolving those inconsistencies as it relates to the service.

By downloading or using the service, you (“you” or “your”) are indicating that you agree to the agreement. If you do not agree to the terms of this agreement, please do not download or use the service.

Acknowledgement: you acknowledge that this agreement is executed between the individual person downloading and using the service and Avoloan. You represent and warrant that you have the right, authority, and capacity to enter into this agreement.

Subject to your compliance with this agreement, you are hereby granted a personal, limited license (“license”) to download, install and use our mobile application for the service on your mobile device. The service is licensed, not sold, to you for use only under the terms of this agreement. All rights not expressly granted to you are reserved.

The license is non-transferable and non-exclusive. You may only use the service on an approved and non-jailbroken mobile device that you own. You are not permitted to transfer the license in any form. You may not copy, decompile, reverse engineer, disassemble, attempt to derive source code of, modify, or create derivative works of the service, or any updates or parts thereto, except with respect to any open-source elements included with this service.

If you breach these restrictions, you may be subject toprosecution and the award of damages. The terms ofthis agreement will also govern any upgrades or modifications that replace or supplement the version of theservice you downloaded or used originally, unless suchupgrade is accompanied by a separate agreement, inwhich case the terms of that agreement will govern.

This license is effective until terminated by Avoloan or you, which either party may effectuate at any time, with or without advance notice. Once this license is terminated, you will no longer be entitled to use the service, and you shall cease all use of the service. You may voluntarily terminate your access to the service and withdraw your consent to this agreement by reaching us at hello@avoloan.com. If you terminate your access and/or withdraw your consent to this agreement, you will no longer have access to the service.

All applicable provisions of this agreement shall survive termination including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, and indemnification.

You agree to allow us to communicate with you via push notification, sms and/or email, depending on the method you select with respect to the activities performed via the service. If, at any time you wish to cease receipt of such communications, please, contact us at hello@avoloan.com. Data fees may be imposed by your mobile provider for thetransmission and receipt of messages and alerts.

Avoloan reserves the right to send administrative and service notifications via push notifications emails and/or sms messages to the email address and/or phone number provided upon enrollment in the service. The number of sms messages received under the service will depend on several factors, including the triggers selected and the number of transactions that match such triggers.

In order for sms communications to be sent to your mobile device, you must
(i) own or be an authorized user of a two-way sms-capable mobile device that is registered on a supported wireless carrier network,
(ii) have elected a data plan that includes use of your mobile device’s sms capabilities, and
(iii) ensure that your mobile account remains in good standing with your wireless carrier.

You are solely responsible for such charges and any other charges from your wireless carrier. Please contact your wireless carrier for complete pricing details.

You acknowledge that the actual time between occurrence of an event (“event”) triggering a selected control or alert and the time the notification of such event is sent to your mobile device (“notification”) is dependent on a number of factors including, without limitation, your wireless service and coverage within the area in which you are located at that time. You acknowledge that notifications of events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of controls and alerts (collectively, “commands”) are likewise affected by the same or similar factors and problems could arise with use of commands. Notifications of events may not be available to be sent to your mobile device in all areas.

If you registered to receive notification of events at your email address(es), please be sure that “avoloan.com” is a permitted domain in order to avoid the notifications being filtered as spam. Email notifications may be affected by internet outages and other problems impacting the transmission and receipt of email messages.

If you registered to receive notifications to your mobile device, the service is available when you have your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The service is subject to transmission limitations and service interruptions. Avoloan does not guarantee that the service (or any portion thereof) will always be available in all areas.

You acknowledge and agree that neither Avoloan nor its third-party service providers (including the developer of the technology enabling the notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control.

You acknowledge that neither Avoloan nor its third-party service providers shall be liable to you if you are unable to receive notifications on your mobile device in your intended area.

Avoloan, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any notification; any form of active or passive filtering; or insufficient space in your email account(s) to receive email messages.

The service privacy policy describes how Avoloan collects, protects, uses and shares your personal information when you use the service. Your enrollment in the service will not be fulfilled if we cannot verify your identity. You agree to provide current and complete information about yourself and you agree not to misrepresent your identity. This includes, but is not limited to, name, address, phone numbers, and email addresses. Changes to the personal information you provide can be made by contacting us at hello@avoloan.com. Your use of the service may be limited, suspended, or terminated if we cannot verify your identity.

Information you provide in connection with the service will be stored on secure servers and protected by advanced encryption techniques. These commercially reasonable measures are intended to keep your important information secure and to prevent unauthorized access. Effective security, however, is dependent on your responsible behavior in protection your log-in credentials and controlling access to the devices that you use to access the service.

For the purposes of this agreement, “log-in credentials” means your personal e-mail, password, SMS notification, passcode, and any other unique biometric attribute used to access the services.

You are responsible for keeping your log-in credentials confidential and for limiting access to your device. You agree to take responsibility for all actions that occur under your log-in credentials.

The service is only available to individuals who reside in theUnited States and who are:
(i) of legal age of majority in their state of residence; and
(ii) are in good standing and eligible for the service.

You represent and warrant that you meet the foregoing criteria of eligibility.

9.1. No warranties: to the fullest extent allowable by applicable law, all materials, information, products, data, software, and services included in or available through the service are provided “as is” and with all faults for your use. Avoloan and its third-party service providers disclaim all warranties, express or implied, and specifically disclaim any implied warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights.

Avoloan, its third-party service providers and their licensors do not warrant that the service will be uninterrupted, timely, accurate, reliable, updated, correct or secure; that the service will be available at any particular time or location; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.

9.2. Limitation of liability: you acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted for an indeterminate amount of time due to circumstances beyond Avoloan and its third party service provider’s reasonable control, including but not limited to any interruption, disruption or failure in the provision of the services, whether caused by strikes, power failures, equipment malfunctions, internet disruption or other reasons.

In no event shall Avoloan, its third-party service providers or their affiliates or the employees or contractors of any of these, be liable for any claim arising from or related to the services that is caused by or arises out of any such delay, interruption, disruption or similar failure. In no event shall Avoloan, its third party service provider or their affiliates or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, or loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the service, even if such damages were reasonably foreseeable and notice was given regarding them.

In no event shall Avoloan, its third-party service provider or their affiliates or the employees or contractors of any of them be liable for any claim, arising from or related to the service, that you do not state in writing in a complaint filed in a court or arbitration proceeding within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort or any other legal theory. Each of Avoloan and its third party service provider’s aggregate liability, and the aggregate liability their affiliates and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. government list of prohibited or restricted parties.

You agree that neither the service, the accompanying documentation nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the U.S. export administration act and the regulations thereunder or will be used for any purpose prohibited by the act.

This agreement represents the entire agreement between you and us as it pertains to the service, which may only be amended as described in this agreement. If any part of this agreement is found invalid, the balance of the agreement shall remain enforceable. Avoloan may amend this agreement at anytime by posting a revised version here or on Avoloan’s website.

You may be required to affirmatively accept the revised agreement in order to continue using the service. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the service after a notice of change or after the posting of a revised version of this agreement will constitute your agreement to such changes and revised version.

Further, Avoloan may, from time to time, revise, update, upgrade or enhance the service and/or related applications or material, which may render all such prior versions obsolete.Consequently, we reserve the right to terminate this agreement as to all such prior versions of the service, and/or related applications and material, and limit access to only the service more recent revisions, updates, upgrades or enhancements.