Last Updated: August 18, 2023
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of each of Services after the changes are posted. Your continued use of any of the Services following the posting of revised Terms or clicking any “I Agree” or similar button means that you accept and agree to the changes. Please check these Terms frequently so that you are aware of any changes, as they are binding on you.
You must be at least the age of majority in the jurisdiction in which you reside to use each of the Services. By agreeing to these Terms you represent and warrant to us: (a) that you are at least the age of majority in the jurisdiction in which you reside; (b) that you have not previously been suspended, removed or deactivated from any of the Services; (c) that you are a legal resident of the United States; and (d) that your registration and your use of each of the Services is in compliance with any and all applicable laws and regulations. You agree that you may use the Services only for your own behalf and not on behalf of any third party.
2.1 Account Creation. In order to use the Services, you must create an account (an “Account”) with OPA. You agree that the information you provide to OPA as part of your registration and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. We also request that you create a password for your Account. You agree not to disclose your password, any membership number provided by us to you, or any other membership information related to your Account to anyone else, and you also agree you will be solely responsible for all activities and actions taken under your Account or with your membership number or other membership information, whether or not authorized by you. You must notify us immediately of any unauthorized use of your password, membership number, other membership information, or Account. We are not liable for any loss or damage from your failure to comply with these requirements.
2.2 Identity Verification. You acknowledge that by using the Services, you are providing “written instructions” in accordance with the federal Fair Credit Reporting Act, as amended (“FCRA”), for OPA and our service providers to obtain information from your personal credit profile from credit reporting agencies. You hereby authorize OPA and its service providers to make inquiries to, and to use your Social Security number to access your personal credit profile, in order to validate your identity, authenticate your identity and Account information, and/or to provide credit monitoring, reporting, and scoring products. This may include asking you for further information and/or documentation about your identity or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments and verifying your information against third party databases or through other sources.
3. Payment Processing
You agree that it is your responsibility to make timely payments as described each loan or credit agreement you enter pursuant to the Program. Such payments may be made electronically through any of the Services, in accordance with the payment settings you specify (and that we accept) within the parameters of the Services. You may add a bank account or other payment method offered by OPA (“Payment Method") to your Account from which you may make such payments. We may use one or more third party providers that facilitate the payment process. You agree to allow third party payment service providers the right to request, direct, and undertake all actions relating to your Account payments made through any of the Services, and you authorize us to share your Payment Method with such third parties (and to authorize such third parties to use your Payment Method) in connection with processing such payments under the Program.
4. Electronic Communications
You agree that we may provide you communications about your Account and the Services electronically, through phone calls, via SMS message (text messaging), push notifications, emails, or in writing. Standard mobile, message, or data rates may apply, and you are responsible for any incurred fees. 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 fullest extent permissible by law. You agree that we may send such communications to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. Any electronic communications will be considered to be received by you within 24 hours of the time we send such communications to your attention.
5. Third Party Websites and Services
The Services may contain links to third-party websites, apps, resources or other third party services (“Third Party Services”), including without limitation third party identity verification and/or credit information providers with whom you directly contract or interact. Program membership may be required to be eligible for certain Third Party Services or any discount, promotion, or offer associated with any Third Party Services. Third Party Services are not under our control, and we are not responsible for the contents of any Third Party Services. We provide links, connections, and referrals to these Third Party Services as a convenience only, and such provision does not imply our endorsement of, sponsorship of, or affiliation with any Third Party Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these Third Party Services. We are not responsible for and make no warranties, express or implied, as to any Third Party Service or any provider of any such Third Party Service (including, but not limited to, the accuracy or completeness of the information provided by any such Third Party Service or the privacy practices thereof), and OPA shall have no liability in connection with any THIRD PARTY SERVICE.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to any of the Services (“Feedback”), then you hereby grant OPA an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve any of the Services and to create other products and services.
7. Prohibited Conduct
BY USING THE SERVICES YOU AGREE NOT TO:
(a) breach these Terms or any other agreement between you and OPA or violate any OPA policy;
(b) access or use any part of the Services for any non-personal, commercial purpose;
(c) access or use any of the Services for any illegal purpose or violate any law, statute, ordinance, or regulation;
(d) attempt to gain unauthorized access to any other user’s account or any Service or to harvest, collect, gather, or assemble information or data regarding any other user;
(e) modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with any of the Services;
(f) access or use any of the Services in a way that may infringe upon the intellectual property or other right of any third party, including, without limitation, any trademark, copyright, privacy, or publicity right; or
(g) provide false, inaccurate or misleading information or use the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
(h) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any of the Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(i) modify, adapt, translate or create derivative works based upon any of the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
(j) copy, distribute, transfer, sell or license all or part of the Services;
(k) access or use any Service in order to build a similar or competitive Service;
(l) interfere with or damage operation of any of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
(m) take any action to circumvent, compromise or defeat any security measures implemented in any of the Services; or
(o) remove, obscure, or alter OPA’s (or any third party’s) copyright, trademark, or other proprietary right notices affixed to or contained within or accessed through any of the Services.
8.1 Termination by OPA. Without limiting other remedies, OPA may immediately terminate or suspend your access to and/or use of any or all of the Services and remove, subject to any regulatory retention requirements, any material from any or all of the Services or our servers in the event that you breach these Terms. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of any or all of the Services at any time and for any reason or no reason, including: (a) where we determine in our sole discretion that such action is reasonable in order to comply with any legal requirement or to protect any right or interest of OPA or any third party; or (b) in connection with any general discontinuation of any of the Services. We also reserve the right to modify any or all of the Services at any time without notice to you. We will have no liability whatsoever on account of any change to any Service or any suspension or revocation of your access to or use any Service.
8.2 Termination by You. You may terminate acceptance of these Terms at any time by stopping any access to all Services, whereupon (and without notice from OPA) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, all rights granted to you herein will automatically terminate. In the event of such termination, you must immediately stop accessing all Services.
9. Effect of Termination
10. Intellectual Property Rights
You hereby acknowledge that, as between you and OPA, OPA owns all rights, title and interest in and to the Services. The Services are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and other proprietary right law now or hereafter in force and effect worldwide.
The trademarks, service marks, trade names, logos, and trade dress (the “Trademarks”) used and displayed on any Service, including without limitation “One Percent for America”, are registered and unregistered trademarks of OPA or one or more third parties. Without limiting any of the foregoing, all page headers, custom graphics, button icons, and scripts are Trademarks of OPA or one or more third parties, and none of the foregoing may not be copied, imitated or used, in whole or in part, without the prior written permission of OPA or the Trademark owner. Nothing in the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on any Service. Unauthorized use of any Trademark displayed on any Service is strictly prohibited.
11. User Content
Certain areas of the Services may enable you to post or transmit content or data, submit emails, or otherwise provide feedback or other information or materials (collectively, “User Content”) to OPA. You are exclusively responsible for your User Content, and you bear all risks associated with use of your User Content. This means that you, and not OPA, are responsible for all User Content that you upload, post, email, transmit, or otherwise make available in connection with the Services. Under no circumstance will OPA be liable in any way for any User Content, including for any error or omission in any User Content, or for any loss or damage of any kind incurred as a result of the access to or use of any User Content posted, emailed, transmitted, or otherwise made available in connection with any Service. Although OPA does not pre-screen User Content, OPA has the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, OPA has the right to remove any User Content that violates this Agreement. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by OPA.
You hereby grant to OPA an irrevocable, non-exclusive, fully transferable, fully sublicensable, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content in connection with any of the Services. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless OPA, OPA’s service providers, and all of the parents, subsidiaries, and affiliates of any of the foregoing, each officer, director, stockholder, investor, employee, agent, representative and attorney of any of the foregoing, and each heir, successor and assign of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by any Indemnified Party arising out of or relating to: (a) your access to, use of or alleged use of any Service; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (d) User Content; or (e) any dispute or issue between you and any third party, including without limitation providers of Third Party Services. We reserve the right, at our own expense, to assume the exclusive defense and control of each matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. You agree not to settle any matter without the prior written consent of OPA.
13. Disclaimers; No Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY APPLICABLE LAW, EACH INDEMNIFIED PARTY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING EACH SERVICE OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FREEDOM FROM ANY VIRUS OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY. WITHOUT LIMITING THE FOREGOING, NO INDEMNIFIED PARTY WARRANTS THAT: (A) THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, ANY SERVICE OR INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH ANY SERVICE WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; (B) ANY SERVICE BE UNINTERRUPTED OR ERROR-FREE; (C) THE QUALITY OF ANY SERVICE OR ANY INFORMATION OBTAINED BY YOU THROUGH ANY OF THE SERVICES; (D) ANY SERVICE OR ANY SUCH INFORMATION WILL MEET ANY OF YOUR EXPECTATIONS; OR (D) ANY ERROR IN ANY SERVICE OR ANY SUCH INFORMATION WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA, THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO ANY SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF EACH OF THE SERVICES IS AT YOUR SOLE RISK.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL LEGAL AND FINANCIAL INFORMATION PROVIDED IN CONNECTION WITH ANY SERVICE, WHETHER PROVIDED BY OPA OR BY ANY OTHER USERS OR THIRD PARTIY, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR LAWYER, FINANCIAL ADVISOR OR OTHER LEGAL OR FINANCIAL PROFESSIONALS. PLEASE CONSULT WITH YOUR LAWYER, FINANCIAL ADVISOR OR OTHER LEGAL SERVICES OR FINANCIAL SERVICES PROVIDER IF YOU HAVE LAW-RELATED OR FINANCE-RELATED QUESTIONS BEFORE USING ANY OF OUR SERVICES OR RELYING ON ANY INFORMATION YOU OBTAIN IN CONNECTION WITH ANY SERVICE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING ANY OF THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE AGGREGATE LIABILITY OF ALL INDEMNIFIED PARTIES TO YOU IN ANY EVENT IS LIMITED TO $50. NONE OF THE INDEMNIFIED PARTIES WILL HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY SERVICE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS HEREIN WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NO INDEMNIFIED PARTY IS RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORT YOU RECEIVE AS PART OF THE SERVICES. THE SERVICES DO NOT OPERATE AS CREDIT COUNSELING SERVICES AND DO NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING.
15. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
SUMMARY OF DISPUTE PROCESS
Most concerns can be resolved quickly and to your satisfaction by contacting us at supportOPA@onepercentforamerica.org. In the unlikely event that our customer service is unable to resolve any complaint or dispute arising out of or relating to these Terms, any Service, OPA or any of our service providers or any other Indemnified Party (each, a “Dispute”), or if we and/or any of our service providers and/or any other Indemnified Party(ies) have been unable to resolve a Dispute after attempting to do so informally, you, on the one hand, and OPA and/or each of OPA’s service providers and/or each Indemnified Party, on the other, each agree to resolve such Disputes through binding arbitration or small claims court instead of in courts of general jurisdiction to the fullest extent permitted by applicable law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and OPA, each of our service providers and each other Indemnified Party, on the other, would be entitled to recover attorneys’ fees from each other to the same extent as you and they would be in court.
Notwithstanding anything herein to the contrary, you must resolve all Disputes associated with any Third Party Service directly against the provider thereof.
15.1 Governing Law. These Terms and the resolution of all Disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles. It is the parties’ intent that this arbitration provision be construed broadly, including that the arbitration agreement pursuant to this Article 16 include any Disputes by you against OPA, each of our service providers, and each other Indemnified Party for each Dispute arising out of these Terms related to the Services. However, all Disputes which relate to your credit report, and all Disputes arising out of or relating to the FCRA and/or the FCRA’s state law equivalent(s), are not subject to or governed by this agreement to arbitrate. The parties to these Terms acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor all claims and privileges recognized by law.
15.2 Informal Dispute Resolution. OPA wants to address your concerns without needing a formal legal case. Before filing a claim against OPA, any of its service providers, or any other Indemnified Party, you agree to try to resolve the Dispute informally by contacting us at supportOPA@onepercentforamerica.org. If a Dispute is not resolved within 15 days after submission, you or OPA, any of its service providers or any other Indemnified Party may bring a formal proceeding.
15.3 We Both Agree To Arbitrate. You, on the one hand, and OPA and each of our service providers and each other Indemnified Party, on the other, agree that each Dispute between any of us shall, at the election of any one of us, be resolved through final and binding arbitration, except as set forth under the heading “Exceptions to Agreement to Arbitrate” below.
15.4 Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting us at supportOPA@onepercentforamerica.org within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
15.5 Arbitration Procedures. The American Arbitration Association (“AAA”) will administer the arbitration under its rules for consumer arbitrations then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitration will be held in Norfolk County, Massachusetts or any other location specified by OPA.
15.6 Arbitration Fees. At your request, we will promptly reimburse you for your payment of your arbitration filing fee (the filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider; if you are unable to pay this fee, we will pay it directly after receiving a written request).
15.7 Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranty by that party’s individual Dispute.
15.8 Exceptions to Agreement to Arbitrate. Notwithstanding any of the other provisions of these Terms to the contrary, any party may bring an individual action, if it qualifies, in small claims court in Norfolk County, Massachusetts. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of any of the Services or infringement of any intellectual property right (for example, any trademark, trade secret, copyright or patent right) without first engaging in arbitration or the informal dispute-resolution process described above.
15.9 No Class Actions. You agree that, by entering into these Terms, you, OPA, our service providers, and each other Indemnified Party are each waiving our right to participate in a class action. YOU, ON ONE HAND, AND, OPA, EACH OF OUR SERVICE PROVIDERS AND EACH INDEMNIFIED PARTY, ON THE OTHER, AGREE THAT EACH OF THE FOREGOING MAY BRING A DISPUTE AGAINST ANY OTHER OF THE FOREGOING 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, on one hand, and OPA and each our service providers and all other Indemnified Parties, on the other, agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Article 16 shall be null and void.
15.10 Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate set forth in these Terms is found not to apply to you or your claim, you and OPA agree that any judicial proceeding (other than small claims actions) will be brought in the courts of Norfolk County, Massachusetts. Both you and OPA consent to venue and personal jurisdiction there.
15.11 Waiver of Jury Trial. You agree that, by entering into these Terms, you, OPA, and each our service providers and all other Indemnified Parties are each waiving our right to a jury trial.
15.12 Limitation on Claims. Regardless of any statute or law to the contrary, each claim or cause of action arising out of or related to these Terms or any Service must be filed within one (1) year after such claim or cause of action arose or else that claim or cause of action will be barred forever.
In the event of termination of these Terms or the Services, the terms herein that by their nature should continue shall survive such termination, including but not limited to the indemnification and hold harmless obligations, dispute resolution process, disclaimers and limitations of liabilities.
18. Contact Information
If you have any questions regarding OPA, the Services, or these Terms please contact us at supportOPA@onepercentforamerica.org.