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Last Updated May 30, 2019

rise Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE rise WEBSITE OR USING THE rise SERVICE, YOU AGREE TO BE BOUND BY THE (1) rise TERMS OF SERVICE, (2) rise E-SIGN CONSENT AGREEMENT, (3) rise PRIVACY POLICY AND PRIVACY NOTICE, AND (4) rise partner bank PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE rise WEBSITE OR USE THE rise SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

1. What are you agreeing to?

1.1. The Parties to this Agreement.

These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and rise, Inc. (including its subsidiaries, affiliates, agents, and assigns) ("rise," "we," "us," "our"), formerly known as rise Inc, regarding your use of this website ("Website") or the rise mobile application (the “App”), your use of the "Buy with rise" service as described below in Section 2.1, your use of “Additional Tools” as described below in Section 2.2, your use of any other service(s) offered through the Website or App, and your access to your rise account information and service through the Website or App (collectively, the "rise Service(s)" or "Service(s)").

1.2. Changes to this Agreement.

rise 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 rise SERVICES AFTER CHANGES HAVE BEEN POSTED. If rise makes any changes to this Agreement that it deems to be material, rise 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.

1.3. Your Eligibility.

To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or if you're 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 the "Buy with rise" service. You represent and warrant that you are eligible to use the Services.

2. How rise will serve you.

2.1. The "Buy with rise" Service.

2.1.1. Description: "Buy with rise" is a closed-end installment loan product with standard terms of 3, 6, or 12 months (other terms may be available at select merchants) offered by rise partner bank through rise's technology platform. Loan term options may vary based on purchase price and merchant. "Buy with rise" allows you to buy goods or services offered by merchants ("Merchants") for personal use. If you agree to use "Buy with rise," rise partner bank will pay the Merchant on your behalf in exchange for your promise to repay the same amount plus a finance charge as determined by your creditworthiness.

2.1.2. Your Promise to Pay: Before completing any transaction on your behalf through any rise Services, rise will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your riseative consent to those terms for that transaction, including your promise to pay the Total Payments amount to rise partner bank or its assigns, by asking you to click the button to confirm your loan.

2.1.3. Interest Rates: "Buy with rise" rates range from 10% to 30% fixed Annual Percentage Rate ("APR"), depending on your creditworthiness (0% APR is offered at select merchants). "Buy with rise" loans are simple interest loans, which means that interest accrues daily on the unpaid principal balance, up to the amount of the finance charge, until you pay the loan in full. If, however, you pay your loan off early, the Prepayment Refund terms below may apply.

2.1.4. Finance Charge: The "Buy with rise" service is subject to a finance charge based on the applicable interest rate determined by your creditworthiness. rise will always disclose the specific finance charge before you agree to any loan.

2.1.5. First Payment: Your first payment will be due no sooner than 15 days after rise partner bank pays a merchant on your behalf pursuant to the "Buy with rise" service.

2.1.6. Late Payment Fee: You will never be charged any late fees for using "Buy with rise."

2.1.7. Payment Allocation: Payments that you make will be applied first to accrued unpaid interest then to the unpaid principal balance. For loans that are delinquent, your payment will be applied first to past due amounts, then to your current monthly payment. For loans that are charged off, your payment will be applied first to the unpaid principal balance, then to accrued unpaid interest.

2.1.8. Partial Prepayments: Payments in excess of your currently scheduled payment will be applied to your unpaid principal balance and will not be used toward your next scheduled payment. Thus, your monthly scheduled payment amounts will remain the same except for your final payment.

2.1.9. No Prepayment Penalty: You may prepay your loan in full at any time without penalty.

2.1.10. Prepayment Refund: You are entitled to a refund of any amounts you pay in excess of the remaining principal balance and accrued interest as of the date of prepayment. We, however, may set off any amounts you are entitled to against any amounts you owe on any other "Buy with rise" loan or owe us otherwise. In lieu of a prepayment refund, you may satisfy your repayment obligation under the "Buy with rise" service on any date prior to the date of the final payment by paying rise an amount equal to the unpaid balance, less the required rebate as of the date of such a payment.

2.1.11. Delays in Processing: In some cases when you attempt to use "Buy with rise" to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either rise or the merchant and can be cancelled at any time until it is confirmed by rise.

2.2 Additional Tools.

2.2.1. 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 analyses, 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.

2.2.2. 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.

2.2.3. Third Party Providers: We may rely on third party providers to assist us in making a tool or other rise 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, including Plaid's privacy policy. 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.

2.2.4. Tools are Provided for Informational Purposes Only: Financial information provided through the tools is provided for informational purposes only and 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.

2.2.5. 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.

2.3. Cancelling Transactions.

rise may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to, your creditworthiness, your history of transactions on our site, the merchant's account history or any other reason. rise may cancel transactions at any time before a Merchant delivers any goods or services if you violate any term of this Agreement.

2.4. Collecting Information About You.

By using the rise Services, you authorize rise, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. rise reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.

2.5. Credit Report Authorization and Reporting.

You expressly authorize rise partner bank and rise, Inc. to obtain consumer reports from consumer reporting agencies about you (1) when you apply for a loan, (2) periodically throughout the term of your loan (including in the month following the month when you pay off or otherwise satisfy the loan) and (3) periodically in connection with any other services you may obtain from us (including services involving financial management or credit profile tools we may offer). You expressly authorize us to use the information that we obtain from such reports to, among other things, market refinancings and rise's current and future products and services to you (both during and after the term of your loan and the term of any other services you may obtain from us), provide you with other services (including financial management tools and credit profile tools) you may request, make decisions related to the servicing and collection of your account, measure how the loan you obtained from us impacts your credit, perform other statistical analysis, and share information with you about your credit profile.

You understand that rise may report information about your loan (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to credit reporting agencies.

2.6. Collection.

You agree to allow rise to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the rise 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 rise pursuant to this Agreement, rise 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.

2.7. Communication & Notification.

You agree that rise may provide you communications about your account and the rise 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. rise reserves the right to close or limit access to your account 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 rise Service relies (e.g., Plaid, etc.) 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 within 24 hours of 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 rise may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with rise or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with rise may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by rise, and rise does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Notwithstanding this provision, rise's delivery of any Disclosures governed by the rise E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.

2.8. 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 rise account, you acknowledge that rise 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 rise responsible for, and will indemnify rise from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

You authorize your wireless carrier to disclose information about your account, such as your name and address, subscriber status, payment method and device details, if available, for the limited purposes of identity verification, and fraud avoidance for the duration of your business relationship with us. This information may also be shared with our service providers to the extent necessary to support these purposes.

3. Your use of rise.

3.1. Agreement to Provide Accurate Information.

When you provide information to rise or in connection with the rise 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.

3.2. User Responsible for Fees.

If you use the rise 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.

3.3. Repayment Methods.

You may use one of the acceptable methods of payment to make one-time transactions to pay your account as payments become due or you may set up automatic monthly account payments.

Currently acceptable methods of payment are:

3.4. Access to Your Account.

You are responsible for maintaining the secrecy of the login credentials to your rise 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 rise account and to any third party account you have used to login to your rise account. You are also responsible for maintaining the accuracy of the information in your rise account.

3.5. Website & App Content.

The information on the rise website and App is for information purposes only. It is believed to be reliable, but rise 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 non-rise websites are provided solely as pointers to information on topics that may be useful to users of the Services, and rise has no control over the content on such non-rise websites. rise makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does rise 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 rise, you must do so at your own risk. rise does not guarantee the authenticity of documents on the Internet. Links to non-rise 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.

3.7. Closing Your Account.

You may request to close your account at any time by contacting us at [email protected]. Your request may take up to 30 business days to process. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, rise will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. rise will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.

3.8. Dormant Accounts.

rise may close your account if you do not log in to your account or use the rise Services for two or more years. rise will retain your information in accordance with Section 3.7 above.

3.9. 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.

4. How you may NOT use rise.

By using the rise Services, you agree that:

5. How rise will resolve disputes.

5.1. Disputes with rise.

If a dispute arises between you and rise, 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 rise at [email protected] to try resolving your problem directly with us.

5.2. Mandatory Arbitration.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE rise SERVICE OR THE WEBSITE. 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 rise 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 rise 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, rise 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 rise 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 rise 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 rise 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, rise may recover from you attorneys' fees and costs up to $1,500 per claim, provided that rise first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

5.3. Restrictions.

You and rise agree that any arbitration shall be limited to the dispute between rise 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.

5.4. Exceptions to Informal Negotiations and Arbitration.

You and rise 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 rise's intellectual property rights; and (2) any claim for injunctive relief.

6. Miscellaneous Provisions.

6.1. Operations.

rise operates and controls the Services from its offices in the United States. rise 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 rise 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. These Terms of Service are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, rise or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by rise) in full. The privileges granted to you under these Terms of Service will terminate immediately and automatically without notice from rise if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service. You may not assign these Terms of Service without rise's prior written consent, but rise may assign these Terms of Service 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 rise's request, you will furnish rise any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against rise by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

6.2. Enforceability and Governing Law.

The failure of rise to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and rise with regard to your use of the rise Services and any previous Terms of Service that may exist between you and rise is hereby superseded. These Terms of Service cannot be changed or modified by you except as posted on the Services by rise. 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. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.

6.3. 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 rise 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.

6.4. Trademark.

"rise" is the marketing name for certain financial services activities of rise as operator of the Services. "rise" is a trademark of rise. Other featured words or symbols may be the trademarks of their respective owners.

6.5. Indemnification.

You agree to indemnify, defend and hold rise 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.

6.6. DISCLAIMER OF WARRANTY.

rise 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. rise 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. rise 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.

6.7. LIMITATION OF LIABILITY.

rise 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, rise 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 rise 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 rise NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.

6.8. Statute of Limitations.

You and rise both 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, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

6.9. No Third-Party Beneficiaries.

This Agreement is between you and rise. No user has any rights to force rise to enforce any rights it may have against you or any other user.

6.10. 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.

6.11. Covered Borrowers under the Military Lending Act.

Notwithstanding any other provision of this Agreement, Sections 5.2, 5.3, 6.7, and 6.8, 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.

rise E-Sign Consent Agreement

This E-Sign Consent constitutes your consent to receive disclosures and other information in electronic form. In connection with the rise Services, rise and rise partner bank, a New Jersey State Chartered Commercial Bank, Member FDIC and the lender of all loans, are required by law to provide you with certain disclosures. Without your consent, rise and rise partner bank are not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should not use the rise Services.

Before using the rise Services, you will be asked to consent to the rise Terms of Service by clicking “Create Account.” This action constitutes your electronic signature and manifests your consent and agreement to the following terms:

2. Minimum Requirements.

You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.

You are free to withdraw your consent at any time. If at any time you wish to withdraw your consent, you can send us your request by submitting a request through the ‘contact us’ link at gorise.co, emailing [email protected] or writing to us at rise, Inc., 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and rise may close or limit access to your account. You agree to pay any amount owed to rise even if you withdraw your consent and we close or limit access to your account.

Your consent to this E-Sign Consent means that Disclosures rise and rise partner bank provide to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if rise and rise partner bank had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures.

5. Miscellaneous.

You agree that rise may modify or change the methods of disclosure described herein, and that rise and/or rise partner bank may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact Customer Care at (855) 423-3729.

You also agree that rise is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by rise’s failure to send such a notice to the phone number or email address you have provided for that purpose.

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