Terms of Service
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Terms of Service

Please carefully review these terms and conditions of use before using this site or accessing any data thereon. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms without limitation or exclusions, you should exit this site immediately.

USER AGREEMENT

Please carefully review the following rules that govern your use of this web site (the "Site") and also read our Privacy Policy regarding the information that you provide to us. The following are terms of a legal agreement (the "Terms of Use") between you, individually and/or as an agent on behalf of another registered user ("you") and Scratch Financial, Inc. ("Scratchpay") that sets forth the terms and conditions for your use of the Site. The Site is owned and operated by Scratchpay. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

Scratchpay reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Scratchpay may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

LIMITATIONS OF USE

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by Scratchpay or by the original creator of the material and is protected by U.S. and International copyright laws or treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Scratchpay. You acknowledge that the Content is and shall remain the property of Scratchpay. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Scratchpay's prior written approval. All data obtained from or provided by Scratchpay, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to the Scratchpay Data Terms of Use. You also may not, without Scratchpay's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Scratchpay's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Scratchpay makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Scratchpay.

Members of the Scratchpay community must be U.S. Residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website.

TRADEMARKS

The trademarks, logos, and service marks (collectively the "Scratchpay Trademarks") displayed herein and on this Site are registered and unregistered trademarks of Scratchpay, its affiliates and others. You can view trademarks owned by Scratchpay on LegalForce Trademarkia at this link: http://www.trademarkia.com/company-scratch-financial-4471597-page-1-2. Nothing contained herein, or on this Site, should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed herein, or on this Site, without the written permission of Scratchpay or such third party that may own the trademark displayed herein or on this Site. You may not use, copy, display, distribute, modify or reproduce any of the Scratchpay Trademarks found on the Site unless in accordance with written authorization by us. Scratchpay prohibits use of any of the Scratchpay Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us. Your misuse of the trademarks displayed herein, or any other content on this Site, except as provided herein, is strictly prohibited. Any questions concerning any Scratchpay Trademarks, or whether any mark or logo is a Scratchpay Trademark, should be referred to Scratchpay.

LINKS TO THIRD-PARTY SITES

This site may contain links to web sites controlled, owned, and operated by third parties (the "third-party sites"). Scratchpay cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Scratchpay of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Scratchpay and the third-party site may provide less security than this Site. Scratchpay is not responsible for the content of any third-party web sites, nor does Scratchpay make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Scratchpay shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

ELECTRONIC COMMUNICATION

When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email, posting notices on this Site, or SMS via your confirmed cell phone number (message and data rates may apply). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. For additional information on our electronic communication policies refer to our Electronic Communications Agreement.

ADDITIONAL STATE LAW NOTICES FOR BORROWER MEMBERS

CALIFORNIA RESIDENTS
Married registrants may apply for a separate account. AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORD MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS. BUT, WE WILL NOT SUBMIT A NEGATIVE CREDIT REPORT TO A CREDIT REPORTING AGENCY ABOUT THIS OBLIGATION UNTIL THE EXPIRATION OF ANY TIME PERIOD DESCRIBED.

DISCLAIMER OF WARRANTIES

None of Scratchpay, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Scratchpay Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Scratchpay Parties disclaim liability for errors or omissions in the Content. This Site and all of the Content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The Scratchpay Parties do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

The Scratchpay Parties may discontinue or make changes in the Content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the Scratchpay Parties do not undertake any obligation or responsibility to update or amend any such information. The Scratchpay Parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk; you assume total responsibility for your use of the site and any linked sites.

LIMITATION OF LIABILITY

Under no circumstances will the Scratchpay Parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Scratchpay Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The Scratchpay Parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the Scratchpay Parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless Scratchpay Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Scratchpay Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Scratchpay Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Scratchpay. You further agree to indemnify and hold harmless Scratchpay Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

MONITORING OF THE SITE

Scratchpay has no obligation to monitor the Site; however, you acknowledge and agree that Scratchpay has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

INACTIVE APPLICATIONS

Loan applications are canceled after 24 hours of inactivity.

MINORS

This Site is not directed at children under the age of eighteen (18) and Scratchpay does not knowingly collect personal information from any child under the age of eighteen (18) at this Site.

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Scratchpay through this Site (collectively, "Submissions") will be deemed and remain the property of Scratchpay, and Scratchpay is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Scratchpay shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Scratchpay or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Scratchpay's responsibilities and obligations under its Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Scratchpay’s efforts to protect such transmissions.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Scratchpay's practices and policies with respect to the collection and use of personally identifiable information are governed by Scratchpay's Privacy Policy.

AVAILABILITY

This Site 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 applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Scratchpay to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.

TERMINATION

This Agreement is effective until terminated by Scratchpay. Scratchpay may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Scratchpay's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

WAIVER

Failure by Scratchpay to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

APPLICABLE LAW AND DISPUTE RESOLUTION

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, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify Scratchpay in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Scratchpay 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 Scratchpay.

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with Scratchpay.

ADDITIONAL TERMS

Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and Scratchpay may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Scratchpay's designated agent. Notification should include:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

You may contact Scratchpay's agent for notification of claimed copyright infringement by e-mail at [email protected] or by regular mail at Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101, Attn: Compliance.

COOKIES

"Cookies" are small data files transferred by a website to your computer's hard drive. Scratchpay or its service providers send cookies when you surf our site or sites where Scratchpay ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our site, sites that are "powered by" another company on Scratchpay’s behalf, or sites where our ads appear may give us access to information about your browsing preferences, which we may use to personalize and enhance your experience. Cookies are typically classified as either "session" cookies or "persistent" cookies.

  • Session cookies do not stay on your computer after you close your browser.
  • Persistent cookies remain on your computer until you delete them or they expire.

Generally speaking, web browsers automatically accept cookies by default. That being said, you can typically prevent cookies or selectively accept cookies by adjusting the preferences in your browser. If cookies are not accepted, there may be some features of our site that will not be available and some Websites may not display properly. In most instances, however, a customer may refuse a cookie and still be able to navigate our website without issue.

A web browser is usually set to accept cookies automatically but can be changed to decline them. Information on how to adjust cookie preferences (e.g., preventing your browser from accepting new cookies, etc.) are located in the help and support section of your browser. In most cases, a visitor may refuse a cookie and still fully navigate our Website.

Like many companies, we use cookies and other tracking technologies on our online services (referred to together from this point forward as “Cookies”, unless otherwise stated) including HTTP cookies, flash cookies, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts, and e-tags/cache browsers. We may use Cookies for a variety of purposes and to enhance your online experience, for example, by remembering your application status and viewing preferences from a previous use of an online service, for when you later return to that online service.

Scratchpay does not store passwords or any other information about a h3isitor in a cookie that would identify them, locate them, and determine their preferences or their financial activity. Aggregated customer information may help Scratchpay assess the performance of its website and develop strategies to maximize utility. This information may be provided to other companies, including but not limited to third party advertisers. This information does NOT include any personal details that can be used to identify individuals.

The cookies that Scratchpay uses on its Website

  • Security Cookies – Session cookies used to support security measures within the site.
  • Yield Manager – This is a tracking pixel that records traffic coming from 3rd party sources.
  • LivePerson – A tracking pixel used to track web session for customer service web chat.
  • Scratchpay – Contains a session cookie recognizing applicant to process loan application through completion
  • Iovation – Contains a cookie to identify applicants electronic device
  • DoubleClick – This is a tracking pixel that records traffic coming from 3rd party sources.
  • H Online – Contains a cookie to identify applicants electronic device
  • Google Analytics – Web analytics tracking
  • Google Adwords – Conversion tracking

How long does Scratchpay keep personal information?

  • Scratchpay will maintain the information that is necessary to enable Scratchpay to provide the requested service and only for as long as it takes Scratchpay to provide any such requested service.
  • Scratchpay may still need to keep personal details of customers to ensure that systems reflect your preferences even if a customer has chosen to opt out of allowing Scratchpay to use that customer's personal details for marketing purposes.
  • Scratchpay may keep records of any transactions a customer enters into on the Scratchpay Website for a minimum of six years from the end of Scratchpay’s relationship with the customer.
  • Scratchpay may keep other information about a customer only to the extent necessary to comply with applicable laws and to further legitimate business needs.

CONTACTING US

[email protected] or by regular mail at Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101, Attn: Compliance.

Last Updated: July 20, 2018