Terms of Use
This Terms of Use (“Agreement”) governs your use of FlexShopper, LLC’s, its parent company, subsidiaries and affiliates, agents or assigns (collectively, “FlexShopper,” “we,” “us” or “our”), website and/or mobile application (collectively, “Site”) and, as applicable, on-site kiosks to (a) register for an account, (b) apply for a loan amount or lease spending limit, (c) lease or rent any products, (d) order, return or exchange products, and/or (e) request information about our products and services (collectively, “Services”).
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED IN IT, INCLUDING THE SERVICES. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY, SUCH THIRD PARTY'S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
You must first register to access the Services and you agree to use the Services (a) to submit applications for loans or to lease or rent any products, process orders and exchange products, enter into a rent-to-own or lease-to-own agreement or loan agreement, and manage your account; and/or (b) to register your account. This Agreement supplements any other agreement governing or relating to your lease or rental of any products ("Substantive Agreement"). However, in the event of a conflict between this Agreement and any Substantive Agreement, the Substantive Agreement controls.
The Site may change from time-to-time and this Agreement may be updated to reflect such changes. Your use of the Services, as modified, constitutes your acceptance of any changes to this Agreement.
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I. SERVICES
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Submitting Applications Through the Site. To access the Site and submit and review applications for the lease or rental of any products or for loans, you will need a working connection to the Internet via a web browser on your computer (if applicable) and will be required to register an account using a current valid e-mail address (Review Electronic Communication Consent and Disclosure to learn more about how we rely upon your e-mail address being current and the e-mails we will send you) and by generating an account specific password. You are responsible for all costs, expenses, and fees related to your access to the Services. We help you protect the security of your information by requiring you to authenticate your identity by way of a user ID and other factors, which may include a password, token, and/or challenge questions (“Authentication Factors”). Once we have authenticated you the first time and you have set up your Authentication Factors (Review our Privacy Policy to learn more about our security practices), you will be able to do the following (as applicable) through our Site each time you sign-in:
- Review loan terms or review your spending limit or pre-approved spending limit to use online or in-store;
- Scan products and services in-store;
- Submit new applications for products and services;
- Generate loan agreements or rental-purchase agreements for approved applications;
- Electronically sign loan or rental-purchase agreements;
- Review the status of applications you have already submitted; and/or
- Perform account maintenance activities like updating your contact and/or payment information.
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Your E-mail Address. You agree to maintain or update the e-mail address that you provide to us when you first register for the Services. We use your e-mail address to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because it has been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware or software malfunctions, or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.
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Authentication and Security. We help you protect the security of your information by requiring you to authenticate your identity (i.e., prove that you are who you say you are) each time you sign-in to access the Services. You acknowledge and agree that you will not share your sign-in credentials with any other person, and that any use of your sign-in credentials will be relied upon by us and shall constitute your authorization to complete any transactions that are requested. You agree that if you give your sign-in credentials and/or access to a recognized device to another, you are authorizing that person to transact on your behalf, and you are responsible for his/her activity on this website. This means that you must keep your sign-in credentials personal and confidential, and not disclose this information to any other person, unless you have authorized that person to act on your behalf. It is a good idea to protect your security by always closing your web browser after logging out of the Services.
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Contacting Us About Technical Issues. You can always contact us at (855)-353-9289 or help@flexshopper.com regarding technical issues with the Site.
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II. SERVICES LIMITATIONS, LIABILITIES, AND REMEDIES
This section provides important information about how your use of the Services is limited, how our responsibilities to you are limited, any related liabilities you may have or incur, and your available remedies.
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Liability for Unauthorized Activity. If you believe that your Authentication Factors or the Services have been used without your permission, you must tell us immediately. Telephoning us is the best way of keeping your possible losses to a minimum. Call us at (855)-353-9289 to report unauthorized access. If you fail to notify us, you may be liable for all unauthorized activity on your account.
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Timeliness of Information. The account information you obtain through the Services is current as of the close of the previous business day.
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Availability of the Services. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment or telecommunications devices, unusual transaction volume or similar reasons the Services may not be available for your use. We minimize the periods of time during which Services are unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses you may suffer or incur, directly or indirectly, because of the unavailability of the services or the server, regardless of whether we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control.
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Communications and Confirmations. If your request for a transaction is received via the Services, we will send you a confirmation through the Services and, if applicable, e-mail to notify you that your transaction has been completed. If you receive an e-mail, you must check to make sure that the transaction was executed as you requested. If there is any discrepancy, you must immediately notify us of the error. If you do not contact us within fourteen (14) days, you may be liable for any and all losses caused by your delay in reporting the error.
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III. ADDITIONAL PROVISIONS
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Privacy & Arbitration. Please review our Privacy Policy and the Arbitration Agreement in your customer portal (if applicable), which also govern your use of the Site and Services, to understand our practices.
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Copyright. All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is our property or the property of our content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is our exclusive property and protected by U.S. and international copyright laws.
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Trademarks. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are our trademarks or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
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License and Access. Subject to your compliance with this Agreement, we (or our content providers) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site and Services. This license does not include any resale or commercial use of the Site or Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any of the Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other of our proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Site or Services. You may use the Site or Services only as permitted by law. The licenses granted by us terminate if you do not comply with this Agreement.
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Other Businesses. Parties other than us operate stores, provide services, or provide for the rental or purchase of products through the Site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
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Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent. ALL INQUIRIES IRRELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
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Disclaimer of Warrants and Limitation of Liability. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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Changes to this Agreement. You agree that we may from time to time amend all or any part of this Agreement, including, without limitation, establishing, increasing, or decreasing the fees and charges for the Services and adding additional features and functionality. We will notify you electronically of any change to this Agreement, if required by applicable law. Your use of the Site and Services or any additional service or services after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review this Agreement periodically for any changes.
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Governing Law. This Agreement, the use of the Site and the Services, unless otherwise indicated in the applicable agreement, will be governed by the laws of the United States and the State of Florida without giving effect to any conflict of laws to the contrary.
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Severability and Headings. If any terms in this Agreement change due to applicable law or are declared invalid by order of a court, the remaining terms of this Agreement shall not be affected, and this Agreement will be interpreted as if the invalid terms had not been placed in this Agreement. The headings in this Agreement are intended only to help organize this Agreement.
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IV. Mobile Terms & Conditions
FlexShopper offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on (855)-353-9289. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
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Signing Up and Opting-In to the Service. Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. FlexShopper reserves the right to stop offering the Service at any time with or without notice. FlexShopper also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.
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By opting into the Service, you:
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Authorize FlexShopper to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
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Acknowledge that you do not have to agree to receive messages as a condition of purchase.
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Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
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Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, (855)-353-9289 or help@flexshopper.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
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Content You May Receive. Once you affirm your choice to opt-in to the Service on your assigned device, your message frequency may vary.
You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
- Price drop alerts
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Charges and Carriers. Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. FlexShopper may add or remove any wireless carrier from the Service at any time without notice. FlexShopper and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
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To Stop the Service. To stop receiving text messages from FlexShopper, text the word STOP to 34567 any time or reply STOP to any of the text messages you have received from FlexShopper. This is the exclusive method for opting out. After texting STOP to 34567, you will receive one additional message confirming that your request has been processed.
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Questions.You can text HELP for help at any time to 34567. This will provide you with our customer service number (855)-353-9289 or email us at help@flexshopper.com. You can also visit us on our Contact Us page.
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Changes to Terms. You agree that we may from time to time amend all or any part of this Agreement, including, without limitation, establishing, increasing, or decreasing the fees and charges for the Services and adding additional features and functionality. We will notify you electronically of any change to this Agreement, if required by applicable law. Your use of the Site and Services or any additional service or services after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review this Agreement periodically for any changes.
Last updated: 06/24/2024
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