TEMPOE Financial Terms of Use for Online Application
1. No Representations Or Warranties
The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. TEMPOE Financial
makes no commitment, however, to update what is contained in this Web site. Furthermore, TEMPOE Financial reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without
prior notice.
THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE CLAIM TO ALL SUCH WARRANTIES. FURTHER NO WARRANTIES ARE MADE AS TO WHETHER THE ON-LINE APPLICATION
WILL BE ACCEPTED BY THE FLEXPAY PROGRAM.
Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions.
2. Services to be Provided.
TEMPOE Financial makes or may in the future make certain services available, including without limitation, your ability to enroll in the FlexPay program. With reference to any services TEMPOE Financial provides,
you acknowledge that TEMPOE Financial may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including
without limitation: how to assess and determine whether the user is qualified for the FlexPay program and all other matters related to administration of services, and you agree to be bound by such practices. You
agree that TEMPOE Financial is not required to accept an application from you.
3. Collection and Use of Bank Account Information
If we extend credit to a consumer, we will consider the bank account information provided by the consumer as eligible for us to process payments against. In addition, as part of our information collection process,
we may detect additional bank accounts under the ownership of the consumer. We will consider these additional accounts to be part of the application process.
4. Privacy Policy
Last Updated: August 1, 2016
We, at TEMPOE Financial, the innovators of the FlexPay financing system, understand that you, the ultimate client, are concerned about your privacy and the security
of your personal information. We are committed to protecting the secrecy of your personal information to the extent possible given current technology. As a result, we have adopted the following privacy
policy. We encourage you to read this Privacy Policy.
If you have any questions about our privacy policy, please refer to the end of this FlexPay Privacy Policy for information on how to contact us.
General Information
The FlexPay provides flexible no credit needed financing at the consumer level. This Privacy Policy reflects the policy of TEMPOE Financial only. The policy does not
reflect the privacy practices of merchants who offer FlexPay.
Information Collected
We collect personal information from some or all of the following sources:
- Your FlexPay application;
- Financial Institutions identified on your FlexPay application to determine account balances, loan status and credit card balances;
- Credit Reporting Agencies to determine creditworthiness or credit history;
- Other relevant parties (Sellers, co-applications, job history etc.); and
- Public records.
Why We Collect the Information
We collect personal information to determine whether you qualify for the FlexPay program.
How the Information is Used
We use the information to process your application and enroll you in the FlexPay program. The information is used by our personnel and subcontractors who manage your account
and service our documentation. These subcontractors have been made aware of our privacy policies and have agreed to abide by them.
We also use the information to maintain data to measure our business. Information such as demographics and other statistical data also help us keep track of how well we are doing. We can use the data to
improve FlexPay and better serve the needs of our customers in the future. We collect this type of data anonymously and without personally identifiable information.
We may use the information to:
- Communicate with you via e-mail, postal mail and/or mobile devices about products or services that may be of interest to you;
- Develop and deliver targeted advertisements; and
- Verify your eligibility for promotions.
Sharing Information
Except for our subcontractors as described in the previous section, we do not share your information with others. We do not sell your name or any personal information to third parties, unless you
authorize us to do so.
However, we reserve the right to use the information you give us to process your application.
Legal Disclaimer
TEMPOE Financial may release information from or about you to cooperate with law enforcement officials and third parties to enforce all applicable laws including but not limited to laws relating
to intellectual property rights, fraud, and other rights. TEMPOE Financial also may release information from or about you without a subpoena, court order or other substantially similar legal
procedure to law enforcement entities or third parties when TEMPOE Financial believes the release is necessary to:
- Comply with the law to protect the rights and property of TEMPOE Financial;
- To prevent or investigate illegal activities, suspected fraud, situations involving potential threat to the physical safety of any person; or
- To prevent or address the violation of TEMPOE Financial Terms of Use or other agreement with you or the merchants offering FlexPay.
How Long Information Will Be Stored
We keep your information for two years from the date of your application. After two years, we destroy any printed matter that refers to you or your account with us. We keep electronic versions of your
data indefinitely to aid in the processing of any future applications you may submit to us.
Protection Policy
We prevent unauthorized access, maintain data accuracy and ensure the correct use of information. We have appropriate physical, electronic and managerial procedures that safeguard and secure the
information we collect.
Our employees are trained to respect your privacy.
We use a computerized system to collect and maintain your information. Our computers are password-protected. Only authorized persons can log onto the areas where your data is kept. Any printed matter
that contains your information is stored in locked cabinets. Only authorized personnel have access to the stored data.
We do our best to protect your personal information. Although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches or other
communications will always remain secure. You should also take care with how you handle and disclose your personal information. Please refer to the Federal Trade Commission’s website for information
about how to protect yourself against identity theft.
Amendments to this Policy
We reserve the right to amend this policy from time to time. You have a right to ask us for a copy of the policy that is in effect at the time that you applied for enrollment in the FlexPay program.
Contact for Privacy Related Issues
If you know or suspect that your privacy has been breached or you have any privacy or security-related questions, please contact:
TEMPOE Financial LLC
1750 Elm Street, Suite 1200
Manchester, NH 03104
800-260-7506
After receiving your inquiry, we will respond within 10 business days.
5. Limitation of Damages
IN NO EVENT WILL TEMPOE FINANCIAL, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS FLEXPAY APPLICATION PROCESS OR ANY SERVICES, CONTENT OR OTHER MATERIALS
PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF TEMPOE FINANCIAL ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER
DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE
THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
6. Ownership
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web site belong to us or our licensors. In addition, the names, images and other indicia
identifying our products and services are our proprietary marks.
7. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL
LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS
OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. TEMPOE FINANCIAL MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US
IN SUCH EVENT.
8. Governing Laws in Case of Dispute
THESE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, COUNTY OF COOK, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN.
9. Integration; Severability; General
These Terms incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of the FlexPay application process. TEMPOE Financial may
modify these Terms at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Agreement. Any
provision of these Terms which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms in that jurisdiction without in any way invalidating
the remaining provisions of these Terms. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.