Ownership of Site
Modifications to this Site
OppFi Card reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the Terms, OppFi Card grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.
To use the Site and to view documents presented in connection with certain of our Products, you will need:
- A Current Version (defined below) of an Internet browser we support;
- A connection to the Internet;
- A Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader); and
- A computer or mobile device and an operating system capable of supporting all of the above.
By “Current Version”, we mean a version of the software that we support and that is currently being supported by its publisher. We support the Current Version and, for a period of time (at least three (3) months), the version immediately prior to the Current Version of Firefox, Google Chrome, Microsoft Internet Explorer and Safari.
This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by OppFi Card or third parties and all right, title and interest therein shall remain the property of OppFi Card and/or such third parties (collectively, the “Content”). Content is protected by applicable trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with OppFi Card. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of OppFi Card. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with OppFi Card.
Digital Millennium Copyright Act Notice – How to Provide Notice of Alleged Copyright Infringement
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“), we have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We may terminate your access to the Site in the event of repeated violations.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information as required by the DMCA: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you (e.g. your name, email address and phone number); (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any allegedly infringing material. Please direct copyright infringement notifications to our DMCA Agent AN by mail at:
130 East Randolph Avenue, Suite 3400
Chicago, IL 60601
Generally, you will be able to access and browse the Site without creating an account. However, the use of certain Site features may require you to register and create a username and password in order to access those features and portions of the Site. When you register an account on our Site, you are solely responsible for: (i) authorizing, monitoring, controlling access to and maintaining the confidentiality of your username and password; (ii) informing us, in writing or calling, of any need to deactivate a username due to security, confidentiality or other concerns; and (iii) any charges or damages that may be incurred by the use of your username or password, for any reason, until such time that you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.
Information Collected and Used
Information You Provide Us
We collect information you provide to us, for example when you create or modify your account, register to use our Site, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: name; home address; email address; home, work, and mobile telephone numbers; bank and/or other account numbers; date of birth; Social Security Number; driver’s license or other national, state, or government ID numbers; and salary and other financial information.
Information We Collect Automatically
Location / Geolocation Information and Your Internet Protocol (IP) address.
Information We Collect Through Your Use of Our Site
We use Google Analytics, a web analytics service provided by Google LLC (“Google”) to collect certain information relating to your use of the Site. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the Site. You can find out more about how Google uses data when you visit our Site by visiting “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics, please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
Information Collected Through Cookies and Similar Technologies
We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can opt-out of receiving interest-based ads from us by clicking on the “ad choices” icon near the advertisement and selecting the marketing activities of which you would like to opt-out. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org/managing/opt_out.asp), or by clicking the “ad choices” icon by the advertisement and selecting what types of advertisement you wish to opt out of. Please note that if you choose to opt out, you may continue to see ads on our Site, but they will not be based on how you browse and shop.
Your use of the products and services on this Site may be monitored by us, and that the resultant information may be used by us for our internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your information. You acknowledge that the use of a username and password is an adequate form of security. You further acknowledge and agree that internet transmissions are never completely private or secure and that any message or information that you may send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.
As a condition of your use of the Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, or obtain the identity of, or obtain any personal information about any OppFi Card customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the OppFi Card network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or, (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.
When you visit the Site or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices to this Site. 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. By submitting your email to us, you agree that we may send emails to you for the purpose of advising you of changes or additions to the Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law.
Submissions, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Site, or if you submit any materials through third party services, such as by tagging us on Instagram (collectively, “Submissions”), you represent and warrant that you are the owner of or have the necessary rights and licenses to provide such Submissions. You further agree to, and hereby grant to us, a royalty-free, irrevocable, and fully transferable right and license to use the Submissions at our discretion and to use your name as provided in connection with your Submission or as set forth in your account. Please do not provide any Submissions that (i) are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and Services. OppFi Card shall not be subject to any obligations of confidentiality regarding such Submissions except as may be expressly agreed in writing by OppFi Card or as otherwise specifically required by law.
Terms Specific to Credit Card Products Offered through the Site
Applications submitted on this website will be originated by First Electronic Bank (FEB), a Utah-chartered bank located in Salt Lake City, UT, member FDIC. All credit card accounts will be serviced by Deserve, Inc.
California Residents. A married applicant may apply for a separate loan.
Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Married Wisconsin Residents. If you are married: (1) you confirm that any loan application that you make is made on behalf of your marriage or family; (2) no provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin’s Marital Property Act will adversely affect a creditor’s interest unless prior to the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree; (3) you understand and agree that we will provide a copy of any loan agreement to your spouse for his or her information.
Notice to Service-members. Service-members on “active duty” or “active service” may be entitled to certain legal protections and debt relief pursuant to the Service-members Civil Relief Act (SCRA). For questions about the SCRA, service-members should contact their unit’s Judge Advocate, or their installation’s Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance.law.af.mil/content/locator.php.
Terms Specific to Credit Repair or Credit Improvement
We are not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act and we do not provide “credit repair” services or advice or assistance regarding “rebuilding” or “improving” your credit.
OppFi Card DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OPPFI CARD CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OPPFI CARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPPFI CARD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OPPFI CARD FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, NEITHER OPPFI CARD, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF OPPFI CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, OPPFI CARD’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Enforceability and Governing Law
This Site is located in the State of Illinois with regard to the use of the Site. These Terms and the relationship between you and OppFi Card shall be governed by the laws of the State of Illinois without regard to its conflicts of law provisions with regard to the use of the Site. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content with respect to the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.
Information From Children
You must be 18 years old to use the OppFi Card Site. OppFi Card does not knowingly collect information from anyone under the age of 18, and we do not offer loans to anyone under age 18.
You agree to defend, indemnify and hold OppFi Card and its affiliates and its and their directors, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms or violation of applicable law, any of your Submissions, your use of or access to the Site, or access by anyone accessing the Site using your account. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Third Party Sites / Links
This Site may contain links to sites maintained by third parties. OppFi Card is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites. Please note that other sites and webpages linked to or from this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions and privacy policies of those sites and webpages when visiting them.
Certain features or Services available through the Site may be subject to additional terms, which will be presented to you at that time. In the event of a conflict between these Terms and such additional terms, the additional terms will govern solely with respect to such features and Services. Such additional terms are expressly incorporated into and made part of these Terms.