Updated: June 2024
The following Terms establish a legally binding agreement between you and Agree Financial LLC, its successors, affiliates, and assignees (collectively referred to as "Agree Financial," "we," or "us"). These Terms govern your access to and use of agree-financial.com, as well as any other websites, software provided for mobile device installation and usage (referred to as "Mobile Applications"), and other applications or services where these Terms are posted (individually called a "Site" and together, the "Sites"). This agreement covers the information, features, content, text, images, data, software, products, and services provided on or through the Sites (collectively referred to as the "Service"), whether accessed as a guest or a registered user.
By using the Service or by clicking "accept" or "agree" to these Terms when presented with the option, you confirm that you are 18 years of age or older and agree to be legally bound by the Terms without limitation or qualification. We may revise and update these Terms from time to time without noticing you. Your continued use of the Service indicates your acceptance of the revised and updated Terms.
If you do not agree to be bound by these Terms, you should refrain from accessing or using the Service.
In certain instances, both these Terms and separate terms and conditions may apply, including terms and conditions for our referral or rewards programs (collectively referred to as "Additional Terms"). The Additional Terms will prevail in case of a conflict between these Terms and any Additional Terms unless expressly stated otherwise.
DISPUTE RESOLUTION AND ARBITRATION NOTICE: These terms include a dispute resolution and arbitration provision, along with a class action waiver affecting your rights under these terms regarding disputes with Agree Financial and any related parties. You have the option to opt out of the binding individual arbitration and class action waiver as outlined below.
1. Your entitlement to access and utilize the site and services:
Within these Terms, we extend to you a personal, restricted, non-transferable, and non-exclusive license to enter and utilize the Service. Your utilization of the Service should be solely for personal, non-commercial purposes and must adhere to these Terms and all relevant laws. We bear no responsibility should you use the Service in a manner that contravenes applicable law.
You consent not to permit any other individual or entity to utilize your username(s), access code(s), or password(s) to access the Service. The security of these credentials is your responsibility. Furthermore, you are accountable for your communications, including transmitting, uploading, or posting information to the Sites or Mobile Application, and you will bear the consequences of such communications.
You agree not to employ the Sites or the Service for any of the expressly prohibited purposes listed below:
Reproducing, altering, disassembling, reverse engineering, publishing, transmitting, selling, creating derivative works from, or exploiting any Mobile Application or content found on the Sites without the express written consent of Agree Financial LLC;
Posting, communicating, or transmitting any material that misappropriates, infringes, or violates any intellectual property, publicity, or privacy right of another individual or entity;
Posting any information that is untrue, inaccurate, or not your own;
Transmitting or posting to any Site or Mobile Application any material that is unlawful, libelous, obscene, threatening, defamatory, pornographic, or profane, or any other content that could result in civil or criminal liability under the law;
Engaging in conduct that would constitute a criminal offense, civil liability, or otherwise violate any law or regulation;
Removing any copyright or other proprietary rights notices from the Site or Mobile Application; or
Attempting to disrupt, remove, or interfere in any manner with the network security of the Service or Agree Financial LLC, or attempting to gain unauthorized access to any other computer system using the Service.
Additionally, you affirm and warrant that, in relation to your utilization of the Sites and Service, you are not situated in a country that is subject to sanctions by the Office of Foreign Assets Control (OFAC). Information about countries under sanctions can be found on the U.S. Department of the Treasury website.
2. Modifications or Termination
We retain the right to modify or terminate all or any part(s) of the Service or amend these Terms, at our discretion and without prior notice to you, as permitted by applicable law. Subject to applicable law, we reserve the right to notify you of any changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Sites or delivering notice electronically. You have the freedom to accept or reject a revised version of these Terms, but acceptance of the revised Terms is necessary for continued access to or use of the Sites or Service. If you disagree with these Terms or any revised version, your only option is to cease accessing or using the Sites or Service. Unless expressly stated otherwise by us, your access and usage of the Sites or Service are bound by and constitute your acceptance of the version of these Terms in effect at the time of access or usage.
3. Privacy
To access and utilize specific sections of the Service, registration for an online account with Oportun is mandatory, necessitating the provision of specific information. Any information furnished during online account registration or through the Sites or Mobile Application must be accurate, and you are prohibited from using aliases or any other method to conceal your identity. The information collected is governed by our Privacy Policy.
4. Proprietary Rights
The Sites, Mobile Applications, and their contents, encompassing all images, icons, text, videos, drawings/designs, music, software, logos, and expressions, are safeguarded by U.S. and international copyright, trade secret, trademark, and other intellectual property laws, as well as corresponding treaty provisions.
No provision in these Terms constitutes the sale of a Mobile Application or any copies thereof, and we, along with our third-party licensors or suppliers, retain full rights, title, and interest in and to the Mobile Application (and any copies of the Mobile Application).
The registered and unregistered service marks, logos, trade names, and trademarks ("Service Marks") utilized on the Sites and Mobile Application are our property, except for specific trademarks, service marks, and names ("TP Marks") owned by third parties. Except as expressly stipulated in these Terms, you are not granted any license or right to utilize, in any manner, any Service Mark or TP Mark, including but not limited to use in hyperlinks, advertising, or publicity, without our explicit written consent.
5. Third-Party Content and Links
The Service might feature links or connections to third-party websites or services that are not owned or operated by us. We provide such links and connections solely for your reference. We do not oversee these third-party websites or services and bear no responsibility for their availability or content. The inclusion of such links and connections does not imply our endorsement of these third-party websites or services, nor any affiliation with their owners or operators. We assume no liability for any third-party websites or services, including their content, features, products, or practices. Accessing such third-party websites or services is at your own risk.
You are not permitted to link to our Sites without our explicit written consent. If you desire to link to our Sites, please contact us using the contact information provided in these Terms.
6. Using Mobile Applications
You may access or utilize the Service, or certain portions thereof, on your mobile device via the Internet or a Mobile Application provided by us for this purpose. We do not guarantee compatibility of any part of the Service or Mobile Application with your mobile device. Here's what you need to know:
License: You are granted a limited, non-transferable, revocable license to download and use object code copies of the Mobile Application for one registered account on mobile devices owned or leased by you, solely for personal use.
Restrictions: You may not modify, disassemble, decompile, or reverse engineer the Mobile Application. Additionally, you may not rent, lease, loan, resell, sublicense, distribute, or transfer the Mobile Application to any third party, or use it for any prohibited purpose.
Upgrades: We may release upgraded versions of the Mobile Application and automatically upgrade the version on your mobile device. By using the Service, you consent to such automatic upgrades.
Carrier Charges: Standard carrier data charges may apply to your mobile device usage of the Service.
Additional Terms:
iOS App: If you use the Mobile Application on an Apple iOS-powered mobile device, certain terms apply, including those related to Apple's App Store Terms of Service. Oportun, not Apple, is solely responsible for the iOS App and its content.
Android App: If you use the Mobile Application on an Android-powered mobile device, certain terms apply, including those related to Google's Play Store terms of service. Oportun, not Google, is solely responsible for the Android App and its content.
7. Your Contributions
When you submit or post any materials or content on the Sites or through the Service, you are granting Oportun an extensive license to utilize, modify, and distribute those materials worldwide. This license allows us to use your submissions for various purposes, including commercial ones, as we see fit.
Any comments, questions, or suggestions you provide regarding the Mobile Application, or the Service (referred to as "Feedback") will be treated as non-confidential and non-proprietary. By providing Feedback, you are assigning all rights and interests in the Feedback to us, allowing us to use it for developing, manufacturing, and marketing products and services. If any legal restrictions prevent this assignment, you grant us an exclusive license to use the Feedback.
Oportun has the right to use any content or Feedback you submit without any obligation of confidentiality, attribution, or compensation to you.
When contributing content, you agree not to manipulate or remove any author attributions, legal notices, or proprietary designations. Additionally, your submissions must not include anything that you do not have the full rights to grant Oportun the license for, or anything defamatory, abusive, or obscene.
We reserve the right to reject your content if it violates our guidelines, which include:
- Content that violates the legal rights of others, such as privacy or publicity rights.
- Obscene or discriminatory language not suitable for a public forum.
- Advertisements, spam, or references to external products, offers, or websites.
- Disclosure of personal contact information.
- Unduly critical or spiteful comments toward other content or authors.
- Files containing protected software or materials unless you have the necessary rights.
- Files or content containing harmful software or programs.
- Any other false or deceptive content, as determined by us in our sole discretion.
8. Copyright Infringement
Agree Financial strictly prohibits the posting of content that violates copyright or intellectual property rights. To report infringement, follow the Digital Millennium Copyright Act (DMCA) process. Send notifications to our designated DMCA Agent at
9. Our Oversight
We retain the right, though not the obligation, to electronically oversee the Service. We may, without notifying you, access, utilize, safeguard, transfer, or reveal any information related to your or others' usage of the Service (including Personal Information defined in our Privacy Policy) as reasonably necessary to: (1) adhere to applicable laws, regulations, or legal procedures; (2) respond to governmental requests or collaborate with law enforcement, if we deem such actions necessary or permissible by law; (3) uphold these Terms, including probing potential infractions; (4) safeguard the safety, integrity, rights, or security of our members, our Service or equipment, or any third party; or (5) identify, prevent, or address fraud, security, or technical issues.
10. Exclusion of Warranties; Limitation of Liability
The Sites and Service, along with all materials and other information accessible from or through them, are provided on an "as is" and "as available" basis without any warranty, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy. While we strive to offer accurate and timely information through the Service, there may be inadvertent factual, typographical, or technical errors. Additionally, certain aspects of web usage, email, your computer, and your internet connection are beyond our control. Therefore, we make no guarantee that the operation of the Sites or the Service will be uninterrupted or error-free, and we are not liable for any interruptions, errors, or losses. We assume no responsibility and shall not be liable for any viruses that may infect or damage your computer equipment or other property because of accessing, using, or browsing the Sites, the Service, or the web, or downloading any materials, data, text, images, video, or audio from them.
Members and potential members are encouraged to contact us or our agents via non-internet means for significant personal transactions. Under no circumstances shall Agree Financial LLC, its respective bank partners, and each of their parents, subsidiaries, affiliates, officers, directors, employees, suppliers, successors, or agents (collectively, "the Agree Financial Parties") be liable to you for any direct or indirect, special, incidental, or consequential damages arising from the Sites or the Service, or from your use or inability to use them, or from any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, or disclosure of information during reply to you by email or other electronic means, even if the Agree Financial Parties or their representatives are advised of the possibility of such damages, losses, or expenses. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
11. Resolution of Disputes through Binding Arbitration; Waiver of Class Action
Please carefully review the following provision on dispute resolution through binding arbitration and the waiver of class action (referred to as the "Provision"). It significantly impacts your rights.
Arbitration serves as a private means of resolving disputes and replaces the option to take matters to court. By agreeing to these terms, you waive your right to litigate claims in court or be heard by a judge or jury, except in certain circumstances outlined below. Instead, disputes will be resolved exclusively and conclusively through binding arbitration as outlined in this Provision.
Definition of Dispute
A "Dispute" encompasses any disagreement, claim, or controversy between you and the Oportun Parties concerning any aspect of your relationship with Oportun, whether it stems from contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief. This definition of "Dispute" is broad and includes claims against other parties related to services or products offered or billed through the Oportun Parties.
Agreement to Arbitrate
Both you and the Oportun Parties agree that, except as outlined below, all Disputes will be resolved exclusively and conclusively through binding arbitration, rather than in court.
Pre-arbitration Claim Resolution
Before pursuing arbitration or litigation, you must provide the Oportun Parties with an opportunity to resolve the Dispute. You can initiate this process by sending a written notification to Oportun Inc., Legal Department, PO Box 4085, Menlo Park, CA 94026. This notification should include your name, address, a description of the Dispute, and the specific relief you seek. If the Oportun Parties fail to resolve the Dispute within 45 days of receiving your written notification, you may proceed with arbitration.
Exclusions from Arbitration/Opt-Out Right
There are circumstances under which you or the Oportun Parties may opt to resolve a Dispute in court rather than through arbitration. This includes situations where the Dispute qualifies for small claims court or if you opt out of the arbitration procedures within 60 calendar days from the date you accept or agree to these Terms. To opt-out, you must send a written notification to Oportun Inc., PO Box 4085, Menlo Park, CA 94026, including your name, address, and a clear statement indicating your desire not to resolve disputes through arbitration.
Public Issue Claims
Claims for public injunctive relief under California or federal statutes that provide for such relief may be pursued through court proceedings rather than arbitration. These claims are treated separately and will be stayed pending arbitration of other issues. However, all other claims between you and the Oportun Parties remain subject to arbitration.
Arbitration Procedures
If you and the Oportun Parties cannot agree on an arbitrator, one will be appointed by the court under the Federal Arbitration Act (FAA). The arbitration hearing may be conducted in person or by teleconference within the United States. The arbitrator will apply applicable substantive law and has no authority to grant class action relief.
Arbitration Award
The arbitrator may award individual relief available under applicable law and will provide a written award. Any award is final and binding, subject to limited appellate rights outlined in the FAA.
Location of Arbitration
The arbitration may be initiated in San Mateo County, California, or in the judicial district including your billing address. If initiated by the Oportun Parties in San Mateo County, you have the right to transfer the arbitration to the judicial district including your billing address.
Payment of Arbitration Fees and Costs
Filing costs and administrative fees are borne according to arbitration rules or applicable law. Each party covers its attorneys' fees unless otherwise provided by law. The Oportun Parties also pay any fees required to make this Provision enforceable.
Language of Hearing
Arbitration proceedings will be conducted in English, with translation available upon agreement. If no agreement is reached, the arbitrator will appoint a translator.
Class Action Waiver
The arbitrator cannot consolidate multiple claims or preside over class or representative proceedings unless both parties agree in writing. Opting out of arbitration procedures nullifies the class action waiver.
Severability and Continuation
If any part of this Provision is found unenforceable, the remainder remains in effect. Any change to this Provision can be rejected, maintaining the present terms, in the event of a dispute. In case of conflict with other agreements, the terms of this Provision prevail.
This Provision remains effective after the termination of these Terms.
Failure to exercise rights does not constitute waiver
No failure, omission, or delay on our part in exercising any right under this agreement will preclude any other further exercise of that right or other right under this agreement.
12. Communication with us
Agree Financial communicates by text messages, email, push notifications, and other alerts. To use the Service, you must provide and verify your mobile device number or other text message address to us, and you must expressly consent to receive text messages relating to the Service at that number or address. This is a condition of the Service. Third-party data and message fees may apply.
To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address. Text messages may include pre-recorded, autodialed, and promotional messages.
You may instruct us not to send certain text messages by replying STOP to any message you receive from us and following the prompts (note that you may be required to send or receive additional messages to confirm whether you mean to stop promotional text MESSAGES vs. CANCEL your subscription or PAUSE certain features).
We will respond to your inquiries and questions via email if you provide us with an email address. However, be advised that information sent by email (or otherwise sent to us over the Internet) may not be completely confidential not only because of certain aspects of electronic transfer but also because others may have access to the computer or email address to which the email response is sent. Unless you specifically state in capital letters within your inquiry as follows: “DO NOT RESPOND TO THIS INQUIRY BY EMAIL,” you hereby consent to respond to your inquiries and questions via email because of the risks inherent in using email.
In addition, if you provide your email address to us, we may send you promotional materials. You can unsubscribe from promotional emails by clicking the Unsubscribe link at the bottom of those emails.
13. Contact and notification information
You may contact us using the following information: 305-905-2781, 8200 NW 41st Street, suite 200, Doral, FL 33166, United States.
© 2022-2023 Agree Financial LLC. All rights are reserved worldwide. The contents of this website are protected by copyright law and may not be duplicated or replicated in any form or medium without the explicit written consent of Oportun, Inc., except as expressly permitted by applicable law.
