Ooblix Terms of Use

Overview

Before you start using our website or mobile app, please take a few minutes to read our Terms of Use. They’re important, and they’ll tell you what you can and can’t do.

One important thing to note is that we have an arbitration provision in our Terms of Use. This means that if you have a dispute with us, you may have to resolve it through arbitration, which is a process where a neutral third party makes a decision. You won’t be able to file a class action lawsuit against us.

If you have any questions about our Terms of Use or the arbitration provision, please don’t hesitate to contact us at: contact@ooblix.com

Terms of Use

Ooblix, Inc. (“Ooblix”) lets you use its website, mobile app, and other online services, including applying for any loan, receiving any loan, and the servicing of any loan (collectively, the “Site”), if you agree to follow these Terms of Use.

Please read these Terms of Use carefully. By accessing or using the Site, you’re agreeing to follow them. If you don’t agree to these Terms of Use, please exit the Site immediately and don’t use any of the Site Content.

For the purposes of these Terms of Use, “Site Content” means all content on or through the Site, including text, software, source code, applications, specifications, images, audio files, video files, articles, and other information or content.

By agreeing to these Terms of Use, you’re also agreeing to follow the Ooblix Privacy Policy (links to view online can be found at the end of this document or posted in the mobile app).

Personal and Non-Commercial Use

The Site is for your personal and non-commercial use only. You cannot:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell Site Content, except for your use of the Site as expressly permitted in these Terms of Use;
• Access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;
• Forge headers, create a false identity, or otherwise manipulate identifiers to deceive others or disguise the origin of Site Content; or
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site.

You can display and, subject to any expressly stated restrictions or limitations relating to specific Site Content, electronically copy, download, and print hard copy portions of Site Content solely for your own personal and non-commercial use. Any other use of Site Content, including modification, reproduction, distribution, republication, display, or transmission of Site Content, without Ooblix’s prior written consent is strictly prohibited.

User Content

Any UNSOLICITED suggestions or materials you submit to Ooblix, including any ideas, comments, suggestions, or the like (collectively, “User Content”), will be treated as non-confidential and non-proprietary. By submitting User Content to Ooblix, you agree that Ooblix is free to use User Content for any purpose whatsoever, including developing, manufacturing, and marketing products and services using User Content and/or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating, and otherwise using User Content, without limitation and without compensating you. Furthermore, by submitting User Content to Ooblix, you agree that you are giving up all intellectual property rights you have in such User Content, including any moral, publicity, and privacy rights.

Access to the Site

To access the Site, you will need a working and consistent connection to the Internet via a computer or mobile device, for which you are responsible for all costs, expenses, and fees.

Use of the Site

The Site is intended for use solely by individuals who are citizens or permanent residents of the United States. The Site is not intended for use by any person who does not meet these criteria, or by any person accessing the Site from a jurisdiction where such use would be contrary to applicable laws or regulations.

Without limiting the generality of the foregoing, the Site is not intended for use by persons subject to the European Union’s General Data Protection Regulation (GDPR) or other EU laws and regulations.

By accessing or using the Site, you represent and warrant that you are a United States citizen or permanent resident and that your use of the Site does not violate any applicable laws or regulations in your jurisdiction. If you do not meet these requirements, you must immediately cease accessing the Site. Further, Ooblix reserves the right to limit, suspend, or terminate your access to the Site at any time and for any reason, including if we reasonably believe you have violated these Terms of Use or any applicable law or regulation.

Age Requirement

The Site is intended only for persons who are 18 years old or older, are able to enter into a legally binding agreement, and have a bank account with a major financial institution showing no less than 90 days of regular transaction history. Also, that bank account must be where your primary income is deposited into and your housing expense is withdrawn from. If you do not meet these requirements, you are not permitted to use the Site.

Copyrights

All the content on Ooblix’s website and app, including the way it’s organized, is protected by copyright law. Ooblix and its licensors own the copyright, and you can’t use it without their permission. Unless Ooblix gives you written permission, you can’t use the content for anything other than what’s allowed in these Terms of Use. And you have to keep all copyright and other proprietary notices intact. Some of the content on Ooblix’s website and app may be owned by Ooblix’s licensors, and they may have additional restrictions on how you can use it.

Trademarks

All the logos, names, and other identifying marks on Ooblix’s website and app (collectively, “Marks”) are owned by Ooblix or its licensors. You can’t use them without Ooblix’s written permission. And you can’t remove or modify any trademark notices from the Site Content.

Term and Termination

Ooblix can end these Terms of Use and your access to the Site at any time, for any reason, with or without notice. If you violate these Terms of Use or do something that is against the law or harmful to others, Ooblix can immediately end your right to access the Site. If these Terms of Use are terminated, you will no longer be able to use the Site. The following provisions will survive the termination of these Terms of Use: Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, and General.

Third-Party Links

The Site may contain links to other websites that are owned and operated by third parties (collectively, “External Sites”). Ooblix provides these links for your convenience only. Ooblix does not endorse or sponsor any of the External Sites, and Ooblix has no control over them. Each External Site has its own terms of service and privacy policy, and Ooblix is not responsible for them.

When you visit an External Site, you are subject to the terms of service and privacy policy of that site. If you have any concerns about an External Site, you can contact the administrator of that site.

Disclaimer

Ooblix doesn’t guarantee that the Site Content or the content of any External Sites is accurate, complete, or suitable for everyone. Ooblix doesn’t filter ads or other content that kids might see on the Site or External Sites.

The Site, the content, products, and services on the Site, including links, are provided “as is” and without any warranties. To the fullest extent allowed by law, Ooblix disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer viruses, and warranties arising from course of dealing or course of performance. Ooblix doesn’t promise or guarantee that the Site will be uninterrupted, secure, or error-free, that defects will be fixed, or that the Site or the server that makes the Site available is free of viruses or other harmful components or secure from unauthorized access. Ooblix doesn’t make any promises or guarantees about the use of Site Content in terms of its completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or anything else.

As a condition of using the Site, you promise Ooblix that you won’t use the Site for any illegal or prohibited purpose.

Limitation of Liability

OOBLIX AND ITS EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF THE WEBSITE OR ANY OTHER SERVICES PROVIDED BY OOBLIX, (B) YOUR USE OF OR INABILITY TO USE THE LOAN PROCEEDS; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATED TO THE LOAN; (D) ANY INFORMATION OBTAINED IN CONNECTION WITH THE LOAN OR YOUR BANK ACCOUNT; AND (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR LOAN-RELATED INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OOBLIX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS INCLUDES DAMAGES CAUSED BY THE SITE BEING UNAVAILABLE OR NOT WORKING PROPERLY, ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE.

Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you. If you live in one of those states, the exclusion or limitation of liability will apply to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Ooblix, its officers, directors, employees, agents, suppliers, licensors, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or your use of any loan proceeds.

Applicable Law

Except for the Arbitration Provision below, your use of the Site will be governed by the laws of California, even if you live in another state.

DISPUTE RESOLUTION AND ARBITRATION. THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.

Generally, in the interest of resolving disputes between you and Ooblix in the most expedient and cost-effective manner, to the extent permitted by applicable law, you and Ooblix agree that any and all disputes arising in connection with the Site will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate includes any claim, dispute, or controversy arising out of or relating to this Agreement, including but not limited to the validity, enforceability, or scope of this agreement to arbitrate disputes, based on any other legal theory.

WAIVER OF JURY TRIAL

BY AGREEING TO ARBITRATION, BOTH OOBLIX AND YOU ARE VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR A COURT TRIAL FOR ALL CLAIMS AND DISPUTES COVERED BY THIS AGREEMENT TO ARBITRATE. INSTEAD, YOU AND OOBLIX AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.

WAIVER OF CLASS ACTION

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OOBLIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. YOU AND OOBLIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Ooblix agree otherwise, the arbitrator may not join more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Arbitration Rules

Any arbitration between you and Ooblix will be governed by the Consumer Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (AAA Rules) of the American Arbitration Association (AAA) and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Ooblix will pay all arbitration fees and expenses.

Hearing

Any arbitration hearings will take place at a location to be agreed upon in Irvine, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a nonappearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules.

Enforceability

You agree that the enforceability of these arbitration provisions will be determined by the arbitrator as provided in the AAA Rules. You agree that the arbitration provisions of these Terms in effect at the time of demand or action, and not the time of your or our alleged injury, will be the provisions that will be applied by the arbitrator or a court. If class actions provisions are found to be unenforceable or if the entirety of the arbitrations provisions are found to be unenforceable, then the entirety of the arbitration provisions will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to these Terms.

Survivability

This arbitration clause survives termination of these Terms.

Conflict

If there is a difference between these Terms of Use and terms in any other agreement you may have with us, such as your consumer loan agreement, the terms in the other agreement will control.

Updates

We may update these Terms of Use at any time. We’ll post the updated version on the Site, and your continued use of the Site after we post the update means that you agree to the new terms.

Contact Us

If you have questions or comments about these Terms of Use, you may contact us via email at contact@ooblix.com or mail at: Ooblix, 5151 California Avenue, Suite 100, Irvine, CA 92617.

General

We want to be fair and reasonable when it comes to enforcing the rules in these terms. We may not always enforce all of them, but we still have the right to do so. We can also transfer our rights and obligations to another company without telling you. If any of the rules in these terms are invalid, the other rules still apply. These terms do not create a special relationship between you and us, but we are committed to providing you with a great experience. We may have to follow the law, even if it means breaking these terms. These terms are the only agreement between you and us regarding the Site.

Support

See our Complaints Management Policy. A link to the Ooblix Complaint Management Policy can be found at the end of this document or posted on the Mobile App.

Electronic Communications

When you use Ooblix’s products and services, or send us emails, text messages, or other communications from your computer or mobile device, you may be communicating with us electronically.

You agree to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this website or through other Ooblix products and services, such as our Message Center. You can save copies of these communications for your records.

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.

In other words, you agree that you can be legally bound by agreements and other communications that we send to you electronically, just as if they were sent to you in writing.

Privacy and Protection of Personal Information

See our Privacy and Use of Data Policy for information relating to the collection and use of your personal data. A link to the Ooblix Privacy Policy as well as the Ooblix Use of Personal Data Policy, can be found at the end of this document or posted on the Mobile App.