Last Updated: October 1, 2023
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Welcome to the Elevate Credit, Inc. (“Elevate”, “we”, “us” and/or “our”) Corporate website at corporate.elevate.com (“Website”). All use of the Website is subject to the terms and conditions contained in these Terms. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms, you do not have our permission to and shall not access, browse, or use the Website.
We encourage you to check these Terms periodically, because we reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last updated. Any use of the Website thereafter shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, or otherwise using the Website.
THE WEBSITE DOES NOT PROVIDE ANY FINANCIAL ADVICE OR OPINIONS. ALL MATERIALS ON THE WEBSITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. BECAUSE THE INFORMATION IS GENERAL IN NATURE AND MAY NOT PERTAIN TO YOUR SPECIFIC CIRCUMSTANCES, YOU SHOULD NOT ACT OR REFRAIN FROM ACTING BASED ON ANY
INFORMATION WITHOUT FIRST OBTAINING ADVICE FROM RELEVANT PROFESSIONAL QUALIFIED IN THE APPLICABLE SUBJECT MATTER AND JURISDICTIONS.
- Eligibility. Subject to your complete and ongoing compliance with these Terms, Elevate grants you, solely for your personal use, limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Website.
- Use of the Website.
- Use. Subject to your complete and ongoing compliance with these Terms, Elevate grants you, solely for your personal use, limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Website.
- Restrictions on Use. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Website or any Materials; (b) make modifications to the Website or any Materials; or (c) interfere with or circumvent any feature of the Website, including any security or access control mechanism. If you are prohibited under applicable law from using the Website, you may not use it.
- Territorial Restrictions on Use. Elevate controls and operates the Website from the United States and makes no warranties or representations that the information or services provided through the Website are appropriate for access or use in other jurisdictions. You are not permitted to access or use the Website if it would be contrary to the laws or regulations of another jurisdiction. We reserve the right to limit, to any extent we deem necessary, the availability of the Website to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
- Information You Submit. Do not submit any information or other materials that you consider confidential or proprietary through the Website. If you choose to provide input and suggestions regarding us, our products or services, or problems with or proposed modifications or improvements to the Website (“Feedback”), then you do so on a non- confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Elevate an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Website and create other products and services. In addition, you understand that information you provide through this Website may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Consent to Contact by Elevate. If you provide Elevate with your contact information, you consent to receiving follow-up communications, either via email or phone from Elevate regarding your interest in a particular product or service.
- Ownership; Proprietary Rights. The Website is owned by Elevate. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Website (“Materials”) provided by Elevate are protected by intellectual property and other laws. As between us, all Materials included in the Website are the property of Elevate or its third-party licensors. Except as expressly authorized by Elevate, you may not make use of the Materials. Elevate reserves all rights to the Materials not granted expressly in these Terms.
- Retention. You acknowledge and agree that Elevate may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Elevate, its users and the public.
- Third Party Websites. The Website may contain links to third party websites. Linked websites are not under Elevate’s control and Elevate is not responsible for their content. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO:
- use the Website for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- interfere with security-related features of the Website, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Website or any user’s enjoyment of the Website, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Website;
- attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.
- Modification of These Terms. As stated above, we reserve the right to change these Terms on a going-forward basis at any time. Modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Term, Termination and Modification of the Website
- Term. These Terms are effective beginning when you accept the Terms or first access or use the Website, and ending when terminated as described in Section 8.b (the “Term”).
- Termination. If you violate any provision of these Terms, your authorization to access the Website and these Terms automatically terminate. In addition, Elevate may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Website, at any time for any reason or no reason, with or without notice.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Website and (b) Sections 2.c, 3, 8.c, 9, 10, 11, and 12 will survive.
- Modification of the Website. Elevate reserves the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain features of the Website), temporarily or permanently, without notice to you. Elevate will have no liability for any change to the Website or any suspension or termination of your access to or use of the Website.
- Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify Elevate and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Elevate Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Disclaimers; No Warranties. The Website and all Materials and content available through the Website are provided “as is” and on an “as available” basis. Elevate disclaims all warranties of any kind, whether express or implied, relating to the Website and all Materials and content available through the Website, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Elevate does not warrant that the Website or any portion of the Website, or any Materials or content offered through the Website, will be accurate, uninterrupted, secure, or free of errors, viruses, or other harmful components, and Elevate does not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Website or Elevate Entities or any Materials or content available through the Website will create any warranty regarding any of the Elevate Entities or the Website that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Website and your dealing with any other website user. You understand and agree that you use any portion of the Website at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the website) or any loss of data, including user content. The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. Elevate does not disclaim any warranty or other right that Elevate is prohibited from disclaiming under applicable law.
- Limitation of Liability. To the fullest extent permitted by law, in no event will Elevate be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Website or any Materials or content on the Website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Elevate has been informed of the possibility of damage. Your sole remedy for dissatisfaction with the Website is to stop using it.
- Arbitration, Dispute Resolution, and Applicable Law
RESOLUTION OF DISPUTES: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY, AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ELEVATE. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW.
- In this Arbitration Section:
(i) "You" and "your" mean each individual entering into these Terms, as well as any person claiming through such individual;
(ii) "We" and "us" means Elevate and each of its respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, and employees of each of them;
(iii) "Claim" means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Terms or the relationship between us and you (including claims arising prior to or after the date of the Term, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Terms or the validity or enforceability of this Arbitration Section. However, “Claim” shall not include any claim, dispute or controversy that, as a matter of applicable law or public policy may not be arbitrated.
- Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services (“JAMS”), unless neither of them is available, in which case a party may initiate arbitration with a different arbitration administrator. The arbitration will be conducted according to the applicable arbitration rules of the administrator in effect at the time a Claim is filed ("Rules"). Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. If you file a claim, you may choose the administrator; if we file a claim, we may choose the administrator. You can obtain the Rules and other information about initiating arbitration by contacting the AAA through www.adr.org; or by contacting JAMS through www.jamsadr.com. The address for serving any arbitration demand or claim on us is Elevate, 4150 International Plaza, Suite 300, Fort Worth, Texas 76109. Attention: Legal Department.
- Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years' experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.
- The administrator’s Rules will determine who pays filing costs and administrative fees, unless those rules conflict with applicable law. Each party shall be responsible for its own attorney, expert, witness, and other fees, unless awarded by the arbitrator under applicable law.
- Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator's award. The arbitrator's decision will be final and binding except that any party may exercise any appeal right under the FAA and applicable law.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN OUR INDIVIDUAL CAPACITY, AND THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS) OR AS A CLAIM FOR A PUBLIC INJUNCTION, EVEN IF ASSERTED ON THAT BASIS IN COURT.
We each agree to waive any right to arbitrate a class action and act as a class representative or class member. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, except that claims brought by joint applicants or co-borrowers relating to the same loan transaction shall be consolidated. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph (f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
- If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph f. of this Arbitration Section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Section shall be deemed invalid and unenforceable, unless paragraph (f) may be rendered enforceable by allowing all or part of the class, representative or collective claim to be brought in court. . The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.
- YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS AND ARBITRATION SECTION, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERAL ARBITRATION ACT).
- You and we acknowledge and agree that the arbitration agreement set forth in this Arbitration Section is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Section. This Arbitration Section shall survive the termination of this Agreement.
- This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of Texas, without regard to its conflict of laws rules. You agree that you will notify Elevate in writing of any claim or dispute concerning or relating to the Website and the information or services provided through it, and give Elevate a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Elevate.
- In this Arbitration Section:
- Additional Terms. Your use of the Website is subject to all additional terms, policies, rules or guidelines applicable to the Website or certain features of the Website that we may post or link to from the Website (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Contact Information. The Website is offered by Elevate located at 4150 International Plaza, Suite 300, Fort Worth, Texas 76109. You may contact us by sending correspondence to that address or by emailing us at email@example.com.