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Website Terms & Conditions

WEBSITE TERMS & CONDITIONS OF USE

TERMS AND CONDITIONS

This Website Terms and Conditions of Use Agreement (“Terms and Conditions”) is between the party using the site (“You”) and Bailey Carrier Capital, Inc. (dba RV Financing USA; dba Boat Financing USA; dba My Financing USA) (“Bailey Carrier Capital”, “we” or “us”) and its affiliates. You should read these Terms and Conditions before using this website (the “Site”), or its services. By use of this Site you agree to be bound by the terms and conditions of use set forth in these Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions you should not use our services and leave the site.

ACCESS TO SITE

We agree to provide you access to the Site in accordance with these Terms and Conditions.

You agree to use the Site in a manner consistent with the Terms and Conditions and all applicable laws and regulations. You acknowledge that you have read the Terms and Conditions and that you accept the terms thereof. You agree to read these Terms and Conditions before using the Site. If you do not agree to the Terms and Conditions, you may not access or otherwise use the Site.

You accept that the Site is provided on an “as is, as available” basis.

The materials included in the Site do not constitute legal advice. All materials displayed by us on the Site are for information only, are no substitute for specific advice, and are in no manner to be considered legal advice or other licensed professional advice or a substitute therefore. For specific legal advice regarding your particular circumstance, you must retain legal counsel. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site.

TERMINATION/ACCESS RESTRICTION

Your access to and use of the site may be terminated at any time for any reason or for no reason by you or by us.

PRIVACY

We may, subject to and in accordance with our Privacy Policy for marketing and other purposes, collect, process and transmit certain data obtained from and about you in the course of your accessing the site or during a phone consultation. By agreeing to these terms, you agree to such data being used and further agree that it may be transmitted to others whether or not within the United States in accordance with our Privacy Policy and under applicable privacy and data protection legislation. Information on how and what type of data (if any) is held about you can be obtained by reviewing our privacy policy or by contacting us.

PROPRIETARY RIGHTS

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You are authorized to temporarily download one copy of the material displayed or performed on the Site (“Content”) on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright, or other proprietary material. All materials contained on the Site are protected by copyright, and are owned or controlled by Bailey Carrier Capital or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Bailey Carrier Capital or the copyright holder identified in the individual Content’s copyright notice.

Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on the Site in any way unless you obtain the prior written consent of Bailey Carrier Capital. No intellectual property or other rights shall be transferred to you through your use of the Site. We are not able to confirm that the materials contained on these web pages are correct in every case. We reserve the right to make changes to the Site, including the availability of any feature, Content, and web page materials on the Site at any time without notice or liability. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

UNLAWFUL OR PROHIBITED USE

You represent, warrant and covenant that: (a) you will not upload, post or transmit to, distribute, or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) that you are at least eighteen (18) years old, and (c) you shall not use any deep-link, page-scrape, spider, robot, crawl, Internet agent or other automatic or human-operated device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, or monitor any portion of this website. You further acknowledge and agree that the following are prohibited uses and that you will not engage in them: 1) accessing the Site more than 3 times in any day, or more than 20 times in any month; 2) exploiting the Site content for the express purpose of interfering with the economic relationships or prospective economic relationships of Bailey Carrier Capital. If you breach any obligations under this Paragraph, you shall pay to Bailey Carrier Capital an amount equal to One Thousand Dollars ($1000) for each violation (the “Liquidated Damages”). You and Bailey Carrier Capital intend that the Liquidated Damages constitute compensation, and not a penalty. You acknowledge and agree that the harm to Bailey Carrier Capital caused by a breach of the obligations in this paragraph would be very difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from a breach by you. Your payment of the Liquidated Damages constitutes your liability to Bailey Carrier Capital.

TRADEMARKS

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are our registered and unregistered trademarks or those of our affiliates. Under no circumstances may you alter, modify, or change the Trademarks. Nothing contained on the Site should be construed as granting any license or right to use any Trademark without our express permission. Any rights not expressly granted herein are reserved.

COMMUNICATIONS

You acknowledge that transmissions to and from the Site may not be confidential and your communications may be read or intercepted by others. Any unprotected communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to Bailey Carrier Capital, no confidential, fiduciary, contractually implied, or other relationship is created between you and Bailey Carrier Capital other than pursuant to these Terms and Conditions and any subsequent written agreement entered into with Bailey Carrier Capital.

NO WARRANTIES; LIABILITY DISCLAIMER

The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided “as is, as available”. To the fullest extent permissible by law, Bailey Carrier Capital and its affiliates make no representation or warranties of any kind whatsoever for the content on the site or the materials, information, and functions made accessible by the software used on or accessed through the site, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Further, Bailey Carrier Capital and its affiliates disclaim any express or implied warranties, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Bailey Carrier Capital does not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. Bailey Carrier Capital and its affiliates shall not be liable for the use of the site, including, without limitation, the content and any errors contained therein. Further, in no event will Bailey Carrier Capital be liable for any loss of profits, business, use of data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. To the fullest extent permitted by applicable laws, we on behalf of our employees, agents, suppliers, and contractors, disclaim and exclude liability for any losses and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this the site or any website with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold Bailey Carrier Capital, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Bailey Carrier Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Bailey Carrier Capital.

LINKS TO THIRD PARTY SITES

Where we provide hypertext links from or to third party sites, we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.

GENERAL

These Terms and Conditions contain the entire understanding between us with respect of the Site and no representation, statement, inducement oral or written, not contained herein shall bind either of us. Bailey Carrier Capital reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Site.

The terms and conditions of use in this Terms and Conditions are subject to change at any time. We will post an updated copy on the Site. You should review the Terms and Conditions regularly for any changes.

Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.

The Site, any information provided from it and the Terms and Conditions are given and made in the Commonwealth of Kentucky, United States of America. This terms and conditions agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this terms and conditions agreement shall be an appropriate state or federal court located in Louisville, Jefferson County in the Commonwealth of Kentucky.

PRIVACY POLICY

Our Commitment: Protecting the privacy of the nonpublic personal information (“Information” or “NPI”) you share with us is one of our top priorities. We value your trust and want you to understand what information we collect, how we keep it safe, and how we use it.

When you request Bailey Carrier Capital services, Bailey Carrier Capital collects nonpublic personal information (“NPI”) which you submit. NPI typically includes but may not be limited to your name, address, telephone number, Date of Birth, Social Security Number or a portion of your Social Security Number. Bailey Carrier Capital also receives NPI from third parties based on the information you provide to us, as well as NPI about your transactions with Bailey Carrier Capital, its affiliates, participating lenders, and/or others, for example purchase price and payment arrangements. NPI also includes information we receive from a consumer reporting agency, such as your credit history.

In order for us to provide services to you, Bailey Carrier Capital may disclose NPI to service providers or other financial institutions, such as solutions providers performing services on Bailey Carrier Capital's behalf and subject to a confidentiality agreement.

Bailey Carrier Capital may also disclose NPI or parts of your NPI to companies that perform marketing services on our behalf and who are bound by a confidentiality agreement.

Bailey Carrier Capital may also disclose NPI, or parts of same, about you to third-parties as permitted by law; this may include for purposes of maintaining or servicing your loan application, protecting against potential fraud, protecting against unauthorized transactions, or for resolving billing disputes.

Bailey Carrier Capital restricts access to NPI to those employees who need to know that information to provide products or services to you. Bailey Carrier Capital maintains physical, electronic, and procedural safeguards to help maintain the service and your NPI.

Bailey Carrier Capital will post any changes or updates to this Privacy Notice on its website.

When you applied for a loan through Bailey Carrier Capital and authorized Bailey Carrier Capital to seek credit on your behalf, you agreed to receive updates to Bailey Carrier Capital’s Privacy Notice and Terms via posting on Bailey Carrier Capital’s website. By clicking “I Agree” when you applied for a loan through Bailey Carrier Capital, you also provided your electronic signature, expressing your agreement and intent to accept the terms and conditions of applying for a loan through Bailey Carrier Capital and this Privacy Notice and Terms.

COLLECTION OF INFORMATION

In order to give you products and services you request, to service your Application, and as we believe are helpful to decide your eligibility for products or services, we collect the following types of Information about you from the following sources:

• Information we receive from you (or is given to us on your behalf) during the application process and on forms, such as your name, address, telephone number, drivers license number, social security number, date of birth, e-mail address, employer and income;

• Information about your transactions with us or others, such as loan balance(s), payment history, and where and how you use your loan(s);

• Information we may get from a consumer reporting agency, such as your credit score and credit history.

INFORMATION WE MAY SHARE AND WITH WHOM WE MAY SHARE INFORMATION

We do not sell your Information to any outside organization without your consent. We do not disclose your Information to any of our related companies or outside organizations other than as described in this Policy.

Disclosures Between Us. Bailey Carrier Capital may disclose all the Information described above to Lender(s) and Lender(s) may disclose all the Information described above to Bailey Carrier Capital as permitted by law.

Disclosures by Bailey Carrier Capital Among Companies in its Corporate Family. Bailey Carrier Capital may disclose all the Information described above among companies within its corporate family (related or affiliated companies), which may include financial institutions (such as banks or finance companies) or nonfinancial institutions (such as online retail companies).

Additional Disclosures Permitted by Law. We may share all of the Information described above, as permitted by law. For example, we may disclose Information to related or affiliated companies that perform services for us, such as taking customer calls, processing your loan application, and providing software for us. We also may disclose Information to unrelated companies that perform such services for us. We may share Information to answer questions from law enforcement agencies or state and Federal banking regulators, or to respond to a subpoena or protect against fraud. We may also share Information with your consent.

Disclosures for Joint Marketing and Servicing. We may share all of the Information described above with companies that provide marketing services for us (for example, affiliates and unrelated companies, including financial companies such as banks and insurers; non-financial companies, such as direct marketers and mail houses; and others,) or with other financial companies, such as insurers, banks and securities broker-dealers with which we have joint marketing agreements.

Information Regarding Former Customers. We share Information about former customers only as described in this Privacy Policy.

Opting Out. If you wish to opt out of certain uses of your Information, please contact us toll-free at 1-800-978-5626 or privacy@myfyusa.com

Our Security Procedures. We limit use of Information about you to those employees, agents or contractors who we believe have a legitimate business purpose to access such Information. We maintain physical, electronic, and procedural safeguards that comply with or exceed Federal standards to keep Information about you safe. We require companies working for us to protect Information. They agree to use it only to provide the services we ask them to perform for us.

Tracking. Our website does not respond to Do Not Track signals from web browsers.

Changing and Deleting Your Information. If you wish to review and request changes to your Information as collected by us or if you wish to delete such Information, please contact us at privacy@myfyusa.com.

Changes to This Privacy Policy. We may change or replace this Privacy Policy at any time. If we make material changes, we will provide current customers with a revised notice that describes our new practices or a link to the new privacy policy. 

This Privacy Policy is effective May 22, 2024.

COOKIE POLICY

Bailey Carrier Capital understands that your privacy is important to you and are committed to being transparent about the technologies it uses. This Cookie Policy (“Cookie Policy”) explains how and why cookies (“Cookies”) may be stored on and accessed from your device when you use or visit our Site. Please read this Cookie Policy carefully before using our Site. By continuing to browse or use our Site, you agree that we can store and access Cookies and Other Tracking Technologies as described in this Cookie Policy. This Cookie Policy should be read together with our Privacy Policy and our Terms and Conditions.

What are Cookies?

Cookies are small text files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.

Cookies are very useful and enable an internet site to recognize you, log when you visit a particular page, provide a secure connection to a website and enhance your user experience by: improving your browsing comfort, and/ or adapting the content of a page to your areas of interest.

To find more information, please go to www.allaboutcookies.org

How does our Site use Cookies?

We may use information collected from our Cookies to identify user behavior and to serve content and offers based on your profile, and in order to enhance the convenience of the users of our Site.

Types of Cookies that are used on our Site depending on the purpose-Technical Cookies:

These Cookies are necessary to enable you to move around our Site and use its features. These Cookies also allow our Site to remember your previous action within the same browsing session.

-Analytical Cookies:

These Cookies are used by us or third-party service providers to analyze how our Sites are used and how they are performing. We also use some Cookies from Google Analytics to obtain web analytics and intelligence about our Site. These tools use programming code to collect information about your interaction with our Site, such as the pages you visit, the links you click on and how long you are on our Site. These tools do not store any personal identifiable information.

For more information on how these tools collect and use information on our behalf, please go to:

Google Analytics: https://www.google.com/intl/en/policies/privacy/ and https://www.google.com/analytics/terms/us.html

-Functionality Cookies:

These Cookies allow our Site to remember choices you make when you visit our Site in order to provide enhanced, more personalized features to you. 

-Advertising and Retargeting Cookies:

These Cookies save information from your browsing history in order to record your interests and your browsing path on our Site. We may use advertising and targeting cookies for retargeting, which enables our advertising partners to target advertising to you on other websites, based on your visit to our Site. Without these Cookies, online advertisements you encounter will be less relevant to you and your interests.

How do I refuse or withdraw my consent to the use of cookies?

If you do not want Cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some Cookies and to alert you when a Cookie is placed on your device.

For further information about how to do so, please refer to your browser 'help' / 'tool' or 'edit' section, or go to https://www.allaboutcookies.org/manage-cookies/index.html. Please note that if you use your browser settings to block all Cookies (including strictly necessary Cookies) you may not be able to access or use all or parts or functionalities of our Site.

If you want to remove previously-stored Cookies, you can manually delete the Cookies at any time. However, this will not prevent our Site from placing further Cookies on your device unless and until you adjust your Internet browser setting as described above.

You can stop your data from being sent to Google Analytics by downloading a Google Analytics opt-out add-on. Once the opt-out add-on is installed, it will make sure that your browser no longer sends data back to Google's tracking servers. To opt out of being tracked by Google Analytics across all websites, please go to https://tools.google.com/dlpage/gaoptout?hl=en

If you would like opt-out advertising and retargeting cookies, please go to:

Google: https://adssettings.google.com/authenticated

Yahoo: https://aim.yahoo.com/aim/us/en/optout/

Contact Details

If you have any other questions or comments about our Cookie Policy, please contact us.

CALIFORNIA CONSUMERS

The California Consumer Privacy Act is a statewide privacy law that regulates how businesses handle the Personal Information of California Consumers. The CCPA defines ‘Personal Information’ as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

If you are a California resident, you have additional rights under the California Consumer Privacy Act of 2018 (CCPA).

Exercise your rights provided by the CCPA by calling our toll-free number at 1-800-978-5626 or contacting us at CCPARights@MyFyUSA.com. Your request needs only to state that you are making a request under the CCPA and include information about how we can contact you to review your request (your name and phone number or email address).

Your Privacy Rights

The CCPA gives California consumers a right to opt out, delete, or request access to their Personal Information.

• Right to Know. You have a right to know about the Personal Information we have collected and how it is used and shared. You have the right to request the specific pieces of Personal Information we have collected. Information collected within the last 12 months will be made available in accordance with the CCPA.

• Right to Delete. You have the right to request that we delete the Personal Information we have collected. Please note that in some cases information may not be deleted due to state and federal record keeping requirements.

• Right to Opt-Out. You have the right to opt-out of the sale of your personal information. Bailey Carrier Capital, Inc. does not sell your Personal Information.

• Right to Non-Discrimination. You have the right to not be discriminated against for exercising any of your privacy rights.

Requests for Information

You have the right to request that Bailey Carrier Capital, Inc (dba My Financing USA; dba RV Financing USA; dba Boat Financing USA) disclose to you:

• The categories of personal information we collected about you;

• The categories of sources from which we collected your personal information;

• The business or commercial purpose for collecting and selling your personal information;

• The categories of third parties with whom we share your personal information; and

• The specific pieces of personal information we have collected about you.

Please note that we may only disclose information collected during the 12 calendar months prior to your request.

Bailey Carrier Capital recognizes the importance of consumer privacy. However, we do collect and share Personal Information for our everyday business purposes. The types of Personal Information we collect and share depend on the product or service you have with us.

Personal Information We Collect

• Identifiers as defined by the CCPA. Examples include your real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples include name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.

• Characteristics of protected classifications under California or federal law. Examples of protected classifications include race, color, ancestry, national origin, citizenship, immigration status, primary language, age, religion, disability, (mental or physical), sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, genetic information (including familial genetic information), marital status, familial status, medical condition, source of income, and military or veteran status.

• Commercial information. Examples include records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• Internet or other electronic network activity information. Examples include browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

• Professional or employment-related information. Examples include job history (past and current) as well as performance evaluations.

Sources of Collected Personal Information

• Information you provided when getting a product or a service from our company

• Information you provided when signing up for communications from our company

• Information you provided through surveys, customer service correspondence or feedback

• Information collected through our websites

• Public Records (Federal, State or Local Government)

• Information provided by service providers and other third parties

Our Purpose for Collecting Personal Information

• Providing services

• Auditing

• Customer service

• Protecting against fraud

• Internal research

• Internal marketing – Bailey Carrier Capital may contextualize your personal information internally to help us understand how our consumers engage with and respond to our marketing campaigns

• Quality control

• Human resource management

Third Parties with Whom We Share Personal Information

• Vendors and service providers supplying services such as, but not limited to, auditing, email delivery, and website hosting.

• Government agencies fulfilling regulatory and legal requirements.

Third Parties with Whom We Do Not Share Personal Information

Bailey Carrier Capital will never sell or share your personal information to or with data brokers, entities that buy and sell consumer personal information, or third parties for external marketing purposes.

How to Exercise Your California Privacy Rights

To exercise any of your rights under California law regarding your Personal Information, use one of the contact options below.

By Phone: Call 1-800-978-5626

By Email: CCPARights@MyFyUSA.com

Please include your name and phone number when submitting a request. We aim to disclose and deliver the required information to you free of charge within 45 days of receiving the request. If we are unable to deliver the information within this time period, we will provide you with a notice of the extension.

We will investigate all the concerns we receive and take appropriate measures to ensure that our practices are as stated in this Privacy Statement.Updates to Data Protection Practices.  This Web site privacy statement was last updated on May 22, 2024. To keep up with the rapidly evolving Internet environment, Bailey Carrier Capital will review and revise these practices from time to time and post updates at https://www.myfinancingusa.com/ccparights

SMS/MMS MOBILE MESSAGING TERMS AND CONDITIONS

Bailey Carrier Capital, Inc DBA My Financing USA (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded mobile messages related to your application at the phone number associated with your opt-in, and you understand that consent is not required for approval or to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. You can opt-out at any time by texting "STOP." For assistance, text "HELP" or visit our Privacy Policy and Terms of Service.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Types of SMS Communications: If you have consented to receive text messages from us, you may receive text messages related to your application status or other application-related updates.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the submission, processing, finalizing, closing, and funding of the associated application including the transfer of ownership and lien perfection of the collateral.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, email us at hello@myfyusa.com or call us at 855-978-5626. Please note that the use of this email address or phone number is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and SaaS Labs US, Inc d/b/a JustCall or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Louisville, KY before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which My Financing USA’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

SMS/MMS Mobile messaging PRIVACY POLICY

Your privacy is very important to us. We will only use the contact information you provide to transmit mobile messages regarding your application and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. SMS OPT-IN OR PHONE NUMBERS FOR THE PURPOSE OF SMS ARE NOT BEING SHARED. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED TO ANY THIRD PARTY WITHOUT PRIOR CONSENT. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with your application, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. Any information received through mobile messaging regarding your application may be saved and used in accordance with our application privacy policy and application terms and conditions.

Message and data rates may apply. You can opt-out at any time by texting "STOP." For assistance, text "HELP" or visit our Privacy Policy and Terms of Service. For questions regarding this policy, please contact us.