Last Updated Date: September 25, 2023
© 2023 Credit First National Association. ALL RIGHTS RESERVED.
These Terms of Use (these "Terms") set forth the legally binding terms governing your access to and use of the apps, websites, and services (collectively "Sites") made available to you by or on behalf of Credit First National Association or its affiliated companies (collectively "CFNA") under these Terms and their respective contents and, unless otherwise indicated, any other interactive content that links to Sites. The Sites are operated by CFNA and any materials on the Sites are owned by CFNA, or licensed by CFNA from third parties and posted on the Sites.
In these Terms, "you" and "your" refer to each person who visits, uses, or accesses any of the Sites, and to his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer to CFNA. These Terms explain our obligations to you and your obligations to us in relation to the use of the Sites.
By accessing or using the Sites, you acknowledge that you have read, understand, and agree to be bound by, without limitation or qualification, these Terms and that you accept and agree to follow all applicable laws and regulations. If you do not accept and agree to these Terms, do not download, install, or use any of the Sites. To use some of the services provided to you by or on behalf of CFNA under these Terms and through the Site ("Services"), you may need to have an active subscription to the Services. All rights that are not expressly granted under these Terms are reserved by us and our licensors or third-party providers. You may use the Sites for your own personal, non-commercial use.
General Terms
Scope. These General Terms apply to your use of the Sites. Please note that certain Sites may link to other apps, websites, and/or Services that we provide and are subject to separate terms. Please ensure that you review these Terms and any other terms prior to using any Application, Website, or Service.
Not a Substitute for Professional Advice. The Sites may contain financial tools, calculators, insights based on account activity, and other features which are designed to help you value your assets and make informed decisions about your finances. All such tools, calculators, and services are provided by CFNA for educational and informational purposes only. We do not guarantee the accuracy of the tools or information provided. We are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of the use or reliance on the information provided by any of the tools or insights. Although the Sites may provide information concerning product usage and specifications, it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting on the basis of any content included in this site without seeking advice from a qualified professional.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN ANY OF THE SITES, INCLUDING, WITHOUT LIMITATION, IN CONNECTING A CALL TO ANY ENTITY, OR OTHER TECHNICAL DEFECT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE, MISUSE, RELIANCE OF OR INABILITY TO USE ANY OF THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON OR AVAILABLE THROUGH THE SITES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID IN THE PRIOR THREE (3) MONTHS FOR THE APPLICABLE SITE THAT GAVE RISE TO LIABILITY OR FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TERMS REGARDING LIMITS ON LIABILITY AND VOLUNTARY SUBMISSIONS SHALL SURVIVE THE TERMINATION OF THESE TERMS, AND SHALL REMAIN IN EFFECT INDEFINITELY.
Disclaimer of Warranties. USE OF ANY OF THE SITES IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PROVIDER PARTY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THE USE OF ANY OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Changes to Terms. We reserve the right to change these Terms at any time, which will be indicated by the "Last Updated Date" at the top of these Terms. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage you to visit this page often. The most recent version of these Terms takes precedence over any previous version of these Terms of use that we have issued related to any Sites and your continued use of the Sites constitutes your acceptance of the most recent version of these Terms.
Other Terms. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Sites. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please review any other applicable terms, conditions, or notices.
Indemnity and Hold Harmless. In consideration of our provision of the Sites to you and the rights granted to you in these Terms, to the maximum extent allowable by law and unless prohibited by law, you agree to indemnify and hold CFNA, its parent, subsidiaries, affiliates, licensors, service providers, and contractors as well as their respective employees, officers, directors, and agents (collectively "Indemnified Parties") harmless from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of, in connection with, on account of, or resulting from, any third party claim or demand made to or against any Indemnified Party(ies): (1) arising out of your access to or use of the Sites including any of their features or other services; (2) arising out of your failure to comply with these Terms; (3) relating to the inaccuracy or untruthfulness of any representation or warranty that you made under these Terms; (4) arising out of any activities of anyone other than you in connection with the Sites conducted through your account or smartphone, computer, tablet or other electronic or mobile device ("Device"); (5) arising out of access to or use of, or inability to access or use, any of the Sites through your Device; (6) arising out of any of your other activities under or in connection with these Terms or the Sites; (7) arising out of any claim or allegation that any materials, content, or data you upload or otherwise make available through the Sites infringes the intellectual property, trade secret, or other proprietary rights of any third party; (8) arising out of your negligence, fraud, or willful misconduct; or (9) arising out of your failure to use or update operating systems, browsers, devices, or other hardware or software that may result in limiting Site functionality. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to and shall cooperate with our defense of such claim.
Arbitration. For purposes of this Arbitration Section, the terms "we," "us" and "our" refer to Credit First National Association, its parents, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors. If either you or we choose arbitration, neither you nor we will have the right to litigate that claim in court or to have a jury trial on that claim, or to engage in pre-arbitration discovery, except as provided for in the arbitration rules of the American Arbitration Association ("AAA"). In addition, you will not have the right to participate as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator's decision will generally be final and binding. Other rights that you would have if you went to court may also not be available in arbitration. It is important that you read the entire arbitration provision carefully before accepting the terms of this Agreement.
A "Claim" is any pre-existing, present, or future claim, dispute, or controversy of any kind (including but not limited to constitutional, statutory, regulatory, common law, contract, tort and equitable claims) arising from or relating to (a) use of the Site(s) or relating to these Terms (b) the actions of you, us or third parties, or (c) the validity or meaning of this arbitration provision and every other provision in these Terms.
You agree that either you or we can choose to have any Claim resolved by binding arbitration. You and we acknowledge that each waives the right or opportunity to litigate a Claim in a court of law, and that each agrees to resolve any Claims arising out of this Agreement through binding arbitration. If this Section (or any part of it) is determined invalid or illegal under any applicable statute or rule of law, it will be deemed omitted without affecting any other provisions of these Terms, which shall remain in full force and effect.
There shall be no authority for any Claims to be arbitrated on a class action basis. An arbitration can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims.
Any arbitration will be conducted in accordance with the AAA's rules applicable to consumer disputes. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will advance the first $250 of the filing and hearing fees for any Claim you may file against us; the arbitrator will decide whether we or you will ultimately pay those fees. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. Judgment upon the award may be entered in any court of law of competent jurisdiction.
Our Privacy Practices. Any personally identifiable information you may provide to CFNA via the Sites is subject to our Privacy Policy at Privacy and Legal | CFNA. By use of the Sites, you consent to be governed by this Privacy Policy.
Intellectual Property Rights. The contents of the Sites including, but not limited to, the text, images, and video contained in the Sites and their arrangement are owned by or licensed to CFNA. All trademarks, logos and service marks used or referred to (collectively, "Trademarks") are the property of their corresponding owners. You cannot and shall not use the Trademarks or any other content on or available through the Sites, except as we clearly allow you to in these Terms. In addition, you acknowledge that the Sites themselves are protected by copyright law. You cannot and shall not copy, reverse engineer, reproduce, republish, upload, post, transmit, or distribute the Sites or any of the content provided in or through the Sites, including, but not limited to, text, images, buttons, html code, audio and video, without our prior written permission. You cannot and shall not mirror, scrape, or deep link any content on another website or in any other media. All videos are copyrighted material and may not be copied, edited, or reproduced without our permission. If we or a third-party service provider make any software, application or other materials available for you to download, access, or other use from the Sites and they include their own license terms, conditions, and notices, those software, applications, and other materials will be governed by their own terms, conditions, and notices. When you download, access, or use that separate content, you agree to those terms, conditions, and notices and you agree to be legally bound by them. Except for this limited permission, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
Term and Termination. These Terms become effective when you download, install, or use the Sites and shall remain in effect until your use is terminated. You may terminate your access to any of the Sites at any time in accordance with any specific procedure set forth in these Terms, or if no specific procedure is provided, by discontinuing use of any of them, as applicable. Your failure to comply with these Terms will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. We reserve the right to terminate these Terms at any time if you violate these Terms or we reasonably believe your use of any of the Sites violates these Terms. Upon termination, you will no longer have a right or license to access or use the Sites and you must immediately destroy all copies of downloaded materials in your possession or control. The portions of these Terms affecting limits on liability, indemnity and hold harmless, and intellectual property will survive the termination of these Terms and continue to be in force indefinitely.
Security. You understand that mobile applications and the Internet are not fully secure against interception or attacks from third parties. We will try to keep this channel secure but you acknowledge that, regardless of whether you are using a web browser with security features, we are unable to ensure that data contained in any related Internet transmission between us will not be intercepted by third parties. You agree that we will not be liable should any such interception occur.
We may utilize passwords and other security devices to protect your account from unauthorized access and you agree to protect and keep confidential, as applicable, your account number, user ID, passwords and any other security credentials or log-in information used on the Site. If you disclose your account number, user ID, password or any other security credentials or log-in information to any person(s) or entity, you assume all liability associated with such disclosure. If you permit any person(s) or entity, including any data aggregation service providers, to use your security credentials to access your account, you are responsible for all transactions and activities associated with your Account and for any use of your information by such person(s) or entity.
Except as otherwise may be provided in the Terms, CFNA is not responsible for any losses that result from the loss or theft of your mobile device or the loss or theft of your information transmitted from or stored on your mobile device. You must report immediately any unauthorized use of your account on the Sites by contacting CFNA customer service (at the number that may be found on this Site and, if applicable, on the back of your credit card or on a billing statement).
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CFNA or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
Links to External Sites and Services. The Sites may contain links to and from third party websites, applications, and/or services. We make no representations whatsoever about any other websites, applications, and/or services that you may access from or through any of the Sites. We are not responsible for the privacy notices or content from those websites, applications, and/or services. We expressly deny any liability whatsoever for use of such websites, applications, and/or services, or for the content, accuracy, opinions expressed and other links provided by these resources. It is up to you to take precautions to ensure that whatever you select for your use is free from viruses and meets your needs. Each of these resources may be subject to and governed by additional terms and conditions of use provided by the third parties responsible for such resources, and you are solely responsible to comply with such terms and conditions.
Use of the Sites. Your use of the Sites, including but not limited to requesting or using the Services, must comply with all applicable federal, state, and local law, rules and regulations.
Payments: You may have options to make payments on your CFNA account through the Sites. When you designate a payment account, you warrant that you are an authorized user on the payment account. Payments will be debited from your designated payment account. By submitting the payment instructions, you authorize CFNA to request the receiving financial institution debit your payment account, and to request that financial institution remit funds to CFNA on your behalf. Your ability to cancel or edit a payment will depend on the way the payment was initiated and whether the payment has begun processing. Pre-authorized payments: If your payment has already started processing, you will be unable to cancel the payment. For pre-authorized payments that have not started processing, you must cancel or edit the payment instruction at least three business days before the scheduled payment date.
You are prohibited from transmitting, providing or introducing any content into or through the Sites into other systems related to the Services, that: (1) infringes any third party intellectual property, publicity or privacy rights; (2) violates any applicable law, rule, or regulation; (3) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate, fraudulent, deceptive, or unprofessional; (4) creates a nuisance for our service providers, business, or other customers of the Services; (5) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept, or expropriate any system, or any data or personal information from or through any software or hardware associated with the Services or any vehicle; (6) attempts to gain unauthorized access to any of our other users' accounts or our computer networks; (7) violates these Terms; or (8) is otherwise tortious or criminal.
Changes or Updates to the Sites. Subject to any other additional terms governing the Sites as set forth in the "Other Terms" section of these Terms, we reserve the right to change, modify, remove, or restrict access to or use of any features, capabilities, or components of any of the Sites or to completely remove any of the Sites in our sole discretion, at any time, and without notice or obligation to you. All information, specifications, photographs, and illustrations that are provided within any of the Sites are those available at the time of release, and we reserve the right to change materials, specifications, or design, at any time, and without notice or obligation to you. We use reasonable efforts to include accurate and up-to-date information on the Sites, however errors or omissions may occur, including information concerning price and product specifications. In addition, information, including, but not limited to, product pricing and availability, may be changed or updated without notice.
Third-Party Hardware, Services, Sites, and Apps. When you use the Sites, you may need to use hardware, services, and/or applications that were not developed by us and are not under our control, such as your Device, the mobile network provided by your wireless service provider, your Device's browser, email, and/or SMS programs, dialer, and other applications. We cannot and do not assure you that these third-party hardware, services, and/or applications will work correctly with the Sites and we expressly deny any liability related to the involvement and interaction with these third-party hardware, services, and/or applications. You may be able to access your account within the Sites by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your mobile device. These features are provided through your mobile device's built-in functionality, and CFNA has no responsibility for any failure of these features, either where such failure may prevent you from accessing your account or where such failure may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of CFNA. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your Device may have access to the information contained within the Sites.
Data Fees, Network Costs, and Other Expenses. The Sites may make use of a data network operated by your wireless service provider to send both data and recorded audio from your Device to our servers and call centers, and to send information back to you. Depending on your data plan, you may incur charges from your wireless provider for users of their network and/or for specific services such as downloading data, videos, and/or other content, making phone calls, sending or receiving text messages, and/or emails and other services. You are solely responsible for any and all costs you incur as a result of your usage of the Sites.
Users Outside the United States. These Sites are controlled, operated and administered by CFNA from its offices within the United States of America. CFNA makes no representation that materials on or within the Sites are appropriate or available for use at other locations outside of the U.S. and access to them from territories where their contents are illegal is prohibited. You may not use the Sites or export the materials on or within the Sites in violation of U. S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws. If you reside outside the U.S., any information you provide to us on or through the Sites will be transferred out of your country and into the U.S. If you do not want your personally identifiable information or other information to leave your country, do not provide your information to us. By providing your information to us, you explicitly agree that we may transfer your information to the U.S. Please note that personally identifiable information collected on the Sites may be stored and processed in the U.S. or any other country in which we or any of our affiliates, subsidiaries, or service providers maintain facilities.
Governing Law. These Terms are governed by Federal law applicable to a national bank and, to the extent not preempted by Federal law, the laws of Ohio, without regard to its conflicts of law provisions.
Designated Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. For purpose of the DMCA, notices and counter-notices can be sent to: IPLaw@bfusa.com.
Additional Services. Subject to availability, you may be able to access additional services through the App or Sites. CFNA IS NOT THE PROVIDER OF THESE SERVICES. These services are provided through or on behalf of one or more third-party providers. When you access these services through the Sites, you will be directed to the third-party provider's site. Access to these services is subject to applicable terms and conditions of service made available by or on behalf of the third party provider(s).
Miscellaneous. These Terms, including any other terms, conditions, and notices you may have agreed to separately as set forth in the "Other Terms" section of these Terms, constitute the entire legal agreement between you and CFNA, which agreement governs your use of the Sites and completely replaces any prior agreements between you and CFNA in relation to the Sites. The English language version of these Terms will control and translations, if any, are non-binding and for reference only. There is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way. If any part of these Terms is deemed by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that part will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We may assign these Terms or any part of them without restriction or condition. You may not assign these Terms without our prior written consent. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Accessibility. CFNA aims to ensure that individuals with disabilities can access all of the products and services offered by CFNA. Our goal is to enable all individuals to successfully research our products and services and transact business through the Sites regardless of the use of assistive technologies. For information about our actions to improve accessibility, please visit our accessibility page at Accessibility Statement | CFNA. If you are having trouble accessing any portion of the Sites, please contact our Customer Service Team using the contact information provided at Accessibility Statement | CFNA for assistance.
Official Rules. From time to time, CFNA may offer you the opportunity to participate in certain sweepstakes, contests, games or time-sensitive training opportunities that are governed by rules specific to that promotion ("Official Rules"). The Official Rules will be presented to you at the time of your participation in the corresponding promotion. By using the Sites, you represent and warrant that you have read, understood, and agree to be bound by the Official Rules for promotions in which you participate, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Official Rules, the Official Rules shall govern as to the promotion expressly covered by the Official Rules, and these Terms shall govern as to all other matters.