Terms Of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
Credova Financial, LLC (collectively, along with its successors and assigns and affiliates, “Credova” or the “Company”), maintains this website, including any subdomain (collectively, the “Site”) as a service to its customers. By accessing this Site or using any current or future online products or services provided to you by the Company (collectively, the “Services”), you are acknowledging you have read and agree to comply with and be bound by the terms and conditions of these Terms of Service and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the “Terms”).
Credova’s Services include:
· Credova’s technology interface, which may be used on a third-party website operated by a merchant either on an e-commerce website, in a retail store, by phone, or by any other method through which Credova’s Services are made available (each, a “Merchant”), and through which you may determine potential eligibility and submit an application for a financing product from the Merchant or from noka, a registered name of Cornerstone Bank, a North Dakota state-chartered bank, Member FDIC (“noka”) (such technology being referred to as “Credova API” and program under which one may request, obtain, and manage a financing product issued by noka, the “Loan Program”);
· The Credova portal (the “Credova Portal”) by which you may access information about your financing product and account (your “Account”); and
· Our interactions or our agents’ or servicers’ interactions with you in the course of providing services to, and on behalf of, a Merchant or noka in connection with your financing product, including electronic, written and telephone communication.
Using the Services do not guarantee you credit from Credova, noka, or a Merchant. All credit is subject to eligibility, credit approval, and other qualifications.
The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf. In the case of any violation of the Terms, Credova reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE, THE SERVICES OR SUCH OTHER ACTION PERMITTED IN BY THESE TERMS OF SERVICE AND APPLICABLE LAW.
2. CHANGES TO TERMS; MODIFICATIONS TO THE SITE.
Company reserves the right to change the Terms at any time in its sole discretion, including but not limited to adding or removing provisions. Credova also reserves the right to modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Company of termination. Please check this page periodically to see any changes.
To access this Site and use Credova’s Services, you must have reached the age of majority in your state (generally 18) and be a legal resident of the United State of America and a state where Credova offers the Services. You must not have been denied a financing product using the Credova’s Services in the last 60 days. Credova must also be able to verify you are who you say you are (see Section 8).
Credova’s services and this Site are intended solely for Members who are natural persons of age eighteen (18) or older (nineteen (19) years of age for residents of Alabama or if you are a ward of the state in Nebraska). Credova does not make any representations that its Services or the Site are appropriate for or comply with the laws or regulation of any other jurisdiction. In addition, if you have been denied a financing product through Credova’s Services during the preceding sixty (60) days, in the sole determination of Credova, you are ineligible to submit a new application through the Services.
Credova’s Services are available to residents of the United States, except the residents of:
· New York;
· United States territories
Moreover, Credova’s Services for loans from noka are available only in the United States in states and jurisdictions where the Loan Program is available. This availability may change over time, in the sole discretion of Credova and without notice to you.
By using the Services or accessing this Site, you represent and warrant that you are eligible to do so. We reserve the right to verify your identity and share your information with third party service providers to assist us in doing so. If you misrepresent your eligibility to us you may be prohibited from using the Services in the future.
4. RESTRICTIONS ON USE OF THE SERVICES.
You acknowledge and agree that you may not use Credova’s Services to purchase:
· Gift cards, cash, or cash equivalents
· PayPay, Venmo, and other money transfer services
· Loan and credit card payments
· Goods or services that infringe on a third party’s intellectual property, such as counterfeit goods or pirated content
· Goods and services that are illegal under applicable state or federal law
In addition, you agree will not:
· Use the Site or the Services in any way that violates any applicable federal, state, local or international law or regulation or breach these Terms or any other agreement you have with Credova, noka, or a Merchant.
· Use the Site or the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· Use the Site or the Services to impersonate or attempt to impersonate Credova, noka, a Merchant, or any of their employees, or another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
· Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Services or the Site;
· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
· Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or the Services, or which, as determined by us, may harm the Company or users of the Site or Services, or expose them to liability.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or the Services, the server on which the Site or the Services is stored, or any server, computer or database connected to the Site or the Services.
5. FAIR CREDIT REPORTING ACT CONSENT.
You are providing written instructions and express consent under the Fair Credit Reporting Act to Credova, noka and/or a Merchant, or any of their agents or service providers, as applicable, to obtain your credit report and other information from consumer reporting agencies for the purposes (as applicable) of evaluating your prequalification request, processing your loan application, and/or administering your Account, including without limitation, when (1) you submit your request for prequalification for a financing product and (2) at their discretion, from to time thereafter, during the servicing and/or collection of any financing product you obtain. In addition, you also expressly consent to the release of your income and employment information from one or more consumer reporting agencies to Credova, noka and/or a Merchant, or any of their agents or service providers, as part of your credit report, and if applicable, to periodically re-validate this information prior to or during the term of your loan. You understand and acknowledge that this written authorization permits multiple “soft inquiries” for your credit report from one or more consumer reporting agencies. Soft inquiries do not impact your credit score.
6. PREQUALIFICATION AND APPLICATION AND CHECKOUT.
The financing for your purchase is provided either through (1) an unsecured retail installment sales contract or lease originated by the Merchant or (2) through an unsecured installment loan originated by noka. Your financing product will be determined by your state of residency, credit approval and your selection.
Prior to submitting an application for financing to noka or a Merchant, you must request an initial determination of your eligibility and the terms that may be available to you (“Prequalification”). The Prequalification terms are not the final terms on which financing will be available and may change when final agreement form noka or a Merchant is presented to you. At or up to thirty (30) days from the date of your Prequalification, Credova, noka, and/or a Merchant may obtain your most recent credit report in accordance with Section 5, which may result in new terms or a denial of credit terms. Your Prequalification may expire and you may be required to resubmit a Prequalification.
If Prequalification determines that you are initially eligible, you may submit an application to noka and/or a Merchant. If you are approved, financing will be available to you through either (1) an unsecured retail installment sales contract or lease originated by the Merchant or (2) through an unsecured installment loan originated by noka. Financing products originated by a Merchant are originated under the laws of your state of residency. Loan Program loans are originated by noka under the laws of North Dakota, who will pay the loan proceeds on your behalf to the Merchant, minus any fees owed to Credova or noka by the Merchant as further outline in your loan agreement.
At Prequalification, upon submitting an application to noka or a Merchant, or at any other time, you may be denied credit and use of the Services for any reason permitted by applicable law, including, but not limited to, your creditworthiness, suspected fraud, your history of using the Services, or your violation of any agreement with us, noka, and/or a Merchant, including these Terms. Any transaction may be held as pending, delayed for processing, or canceled at any time prior to the issuance of your financing product by noka or a Merchant. All retail installment sales contracts and leases are subject to final approval by Credova or the Merchant. All loans are subject to final approval and funding by noka.
You certify that the information you have provided as part of your prequalification request and application for the Services is true and correct. You authorize Credova, noka and/or a Merchant to verify the information you have provided, including contacting third parties to do so. You represent and certify that you intend to use the Services to finance a purchase for your personal, family, or household use only, and not for any commercial or business use. Prequalifications remain valid for 30 days, and approvals remain valid for 60 days.
If a financing product is issued to you by Credova, noka, or a Merchant, you will have an agreement with the applicable issuer that you will agree to at checkout through the API. The final agreement and disclosures have important terms that you should read prior to signing. Credova’s services do not permit you to split your payment between a financing product and another form of payment.
Depending on the Merchant through which you check out, there may be some delay in the issuance of any loan proceeds to the Merchant, or loan proceeds may be issued to the Merchant before they have fulfilled shipment of the goods to you. The terms of your financing product are set out in your agreement with Credova, noka, or the Merchant and apply regardless of the timing of Merchant fulfillment of goods or services. Therefore, interest may start accruing on your retail installment contract or loan or your payments may become due before you have received your goods or services from the Merchant. You should notify the Merchant if there are any unexpected delays or issues with your order.
After a financing product has been issued to you, you also will receive a notice at the email address you provided as part of your registration that will contain instructions on how to access the Credova’s Portal and/or any servicing portal, where you can view your account information and your final agreement.
7. RELATIONSHIP WITH MERCHANTS.
8. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OBTAINING A FINANCING PRODUCT.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a financing product.
What this means for you: When you obtain a financing product, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
9. E-SIGN DISCLOSURE AND CONSENT.
A. ELECTRONIC DISCLOSURES.
By providing your consent in the method explained below (“Consent”), you agree that:
· Credova, noka, or any Merchant may provide any or all Disclosures either electronically or through a hyperlink on the Site, any application, or through its Services, and, at its sole discretion, electronically through the email address or mobile telephone number that you provide or provide in the future, either directly or indirectly through the Merchant, or by making them accessible via our Site or applications.
· Your electronic signature on agreements and documents has the same effect as if you signed them in person with ink.
· All Disclosures provided to you electronically shall the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.
B. YOUR RIGHT TO REQUEST AND RECEIVE PAPER COPIES.
In connection with the Services, Credova, noka, and or Merchants are required by law to provide you certain disclosures in writing, which without providing your consent must be delivered in paper or other nonelectronic form. You agree that Credova, noka, and Merchants may modify or change their methods for Disclosures, including providing Disclosures in paper form. You can obtain a paper copy of a Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the Disclosure electronically to you. To request a paper copy of a Disclosure, contact Credova at (877) 399-6374 or noka at (701) 499-6861. Credova, noka, and Merchants will not be obligated to provide a paper copy unless you specifically request a paper copy.
C. YOUR RIGHT TO WITHDRAW YOUR CONSENT; PROCEDURE.
You have the right to withdraw your Consent at any time. You may withdraw your Consent by calling Credova at (833) 273-3682 or noka at (701) 499-6861, and inform them of your desire to withdraw your consent to receive Disclosures electronically. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and enforceability of Disclosures sent electronically before the withdrawal of your Consent is effective will not be affected. If you withdraw your Consent, Credova may close or limit access to your Account, the Site and the Services, including cancelling any prequalification or application prior to a financing product being originated. If you have received a financing product, Disclosures will be sent to the address provided in your agreement or the most recent address provided by you. Regardless, you agree to pay any amount owed to Credova, noka, and/or a Merchant even if you withdraw your Consent and Credova closes or limits access to your Account.
D. SCOPE OF YOUR CONSENT.
Your Consent applies to any transaction or action taken through Credova’s Services in the past, to all future Disclosures on your Account, and to all future transactions in which you use Credova’s services, including all Disclosures and signatures in connection with the origination, closing, and servicing of any financing product you obtain.
E. MAINTAINING CURRENT CONTACT INFORMATION.
You agree that it is your responsibility to maintain true, accurate, and complete contact information with Credova and noka, and you will notify Credova and noka of any changes to your designated email address, phone number, or other contract information so Credova can communicate with you electronically. To update your contact information, call Credova at (877) 399-6374 and noka at (701) 499-6861.
You agree that Credova and noka are not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that are not caused by Credova’s or noka’s failure to send such a Disclosure or notice to the phone number or email address you have provided. Credova and noka will not assume liability for non-receipt of notification of availability of any electronic document or Disclosure in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
F. COMPUTER HARDWARE, SOFTWARE AND OTHER REQUIREMENTS.
You must have the following listed items and features to receive Disclosures electronically, to print copies of the Disclosures, and to retain electronic copies of the Disclosures:
- A computer or other device capable of accessing the Internet, sending and receiving data, and accessing email;
- A mobile phone and number with the capability to receive text messages;
- Internet access;
- For website-based Disclosures accessed by computer, the computer must have a current operating system web browser (such as Google Chrome, Microsoft Edge, Mozilla Firefox, or Apple Safari);
- For Disclosures access by mobile application or mobile website, the mobile device must have a current operating system, web browser, and the most current version of the Credova App(s) through which you access or use Credova’s Services;
- A current version of a program that accurately reads and displays files in portable document format (.pdf), such as Adobe Acrobat Reader;
- A valid e-mail address; and
- Sufficient storage space to save Disclosures or the capability to print the Disclosures from the devise on which you view them.
G. METHOD OF YOUR CONSENT
Before using Credova’s Services, you will be asked for you agreement to these Terms, including this E-SIGN Disclosure and Consent, by clicking an “Accept” or similar button. This action constitutes your electronic signature and manifests your Consent to this E-SIGN Disclosure and Consent. If you do not provide you Consent, you may not use Credova’s Services and must discontinue your use of the Services immediately.
11. CLOSING YOUR ACCOUNT.
You may request to close your account at any time by contacting us at 833-273-3682. Your request may take up to 30 business days to process. Upon closing your account, Credova may cancel any prequalifications, applications, or pending transactions unless otherwise legally prohibited and limit you access to Credova’s Portal without creating a new Account. You will remain liable for all outstanding obligations to Credova, noka, and/or any Merchant, during which your Account will remain open, provided, however, your ability to make additional transactions through the Services.
Credova may also close your Account if you do not access the Portal or use the Services for more than two (2) years or if you are found to violate these Terms or for any other reason, in its sole discretion.
12. ACCOUNT SECURITY.
You share responsibility with Credova for the security and privacy of your Account. If you think your Account has been subject to unauthorized use or has otherwise been comprised, please contact Credova immediately. Access to your Account, Portal and the Services will include personal and sensitive information and access will be limited by your username and password. You agree to maintain the confidentiality and security of your username and password and take steps to prevent unauthorized use. You acknowledge and agree that you are responsible for any activity that occurs on your Account by anyone that you have given your username and password to or permitted to access your Account.
13. USER CONTACT AND FEEDBACK.
If you submit content, data, or other materials (“User Content”) to Credova, you represent and warrant that you own all right, title and interest in and to such User Content, and you grant and will grant Credova a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services.
From time to time, we may ask you to provide feedback on the Site or the Services. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
14. LINKS TO THIRD PARTY SITES.
Links to third-party websites are provided only a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Links to Merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services and/or (iii) access to this Site, for any reason in its sole discretion without notice, including if it determines or suspects that your activities violate the Terms or any applicable law. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact [email protected].
16. INTELLECTUAL PROPERTY RIGHTS.
The Site is proprietary to Company. All the text, images, marks, logos and other content of the Site (“Site Content”) is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Company. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission, you may contact Company at [email protected]. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
“Credova” is the marketing name for certain financial services activities of Credova as operator of this Site and the Services. “Credova” is a trademark of Credova. Other featured words and symbols may the trademarks of their respective owners.
17. DISCLAIMER OF WARRANTIES.
CREDOVA MAKES NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SITE OR THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE, APP OR SERVICES. CREDOVA DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CREDOVA SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
18. LIMITATION OF LIABILITY.
CREDOVA SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CREDOVA IS NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR IS CREDOVA LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. CREDOVA SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND ITS REASONABLE CONTROL.
19. STATUTE OF LIMITATIONS.
You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, noka, and of any of their directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Site or the Services; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services. In the event you cause fines and/or penalties to be charged to Company by the Credit Card Associations or any other entity, you agree to reimburse Company immediately for said fines and/or penalties.
21. GOVERNING LAW & JURISDICTION.
By accessing the Site or using the Services, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms or your use of the Services. You agree to the personal jurisdiction by and venue in the state and federal courts in Bozeman, Montana, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Services.
22. STATUTE OF LIMITATIONS.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Terms are between you and Credova and these Terms will not vest any rights, either on your behalf or otherwise, to any third party from your use of the Services or the Site provided, however, that affiliates of Credova and noka are intended third party beneficiaries of these Terms (including in particular and without limitation, the “Limitation of Liability”, “Disclaimer of Warranties”, “Statute of Limitations” and “Indemnification” sections). You may not assign your rights or obligations under these Terms to any other party without our prior written consent. Credova may freely assign its rights and obligations under these Terms at any time without notice. The Terms constitute the entire understanding between you and Credova about your use of the Site and the Services and supersede all prior understandings of the parties relating to the subject matter at hand but is subject to other agreements we may enter into with you specific to the Services.