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TERMS OF USE FOR SPIRAL’S INTERNET AND MOBILE APPLICATIONS

General Agreement. By using Spiral Financial, Inc. (Spiral) websites and mobile applications (websites and mobile applications), you agree to these terms and conditions. Please do not use the websites and mobile applications if you do not agree with these terms and conditions. We may change these terms and conditions and the changes will be posted on this website.

Social Responsibility. You may not post objectionable or offensive content to the website or mobile applications, misuse of any information posted to a site, misuse passwords, or use legally protected systems and third-party content without proper authorization.

Information Sharing. Spiral may disclose and transfer any information that you provide through this website or mobile applications to: (i) [partner bank], and any of our authorized agents or service providers; (ii) any person or entity with your consent; or (iii) if we have a duty or are permitted or compelled by law to disclose such information. You consent the transmission, transfer or processing of the information you provide on the website and mobile applications to any country. We may monitor, track and record your interactions, patterns, access devices, Internet Protocol addresses, or characteristics when you use this website and the mobile applications and, by your use of this website and the mobile applications, you expressly consent to such monitoring, tracking and recording.

Disruption of Service. Access to the website or the mobile applications may be unavailable, delayed, limited or slowed due to, among other things:
  • Hardware failure, including failures of computers, servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
  • Software failure, including bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
  • Overload of system capacities
  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of god, accident, fire, water damage, explosion, mechanical breakdown or natural disasters, interruption of power supplies or other utility of service, strike or other stoppage of labor, governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
  • Any other cause beyond the control of Spiral

Links to other Sites. Spiral provides links to non-Spiral websites for information on topics that may be useful to the you. Spiral does not control the content of non-Spiral websites. If you link to a website not controlled by Spiral, Spiral makes no warranties, either express or implied, concerning the content of the site, including the accuracy, completeness, reliability or suitability for any particular purpose. Furthermore, Spiral does not warrant that the non-Spiral site is free from viruses or other contamination. You should not infer that links to non-Spiral sites imply any endorsement of or responsibility for the opinions, ideas, products, representations, information or services provided at these sites.

Use of Cookies. Spiral uses cookies to ensure that we give you the best experience on our website or mobile applications. If you continue to use our website and mobile applications without changing the settings on your web browser, we will assume that you have authorized us to receive cookies on the Spiral website and mobile applications. You may, however, change your cookies settings at any time, but you may not be able to access the website or mobile applications, or the performance of the website or mobile application may not be optimal.

Access to Accounts that are Not Yours. If you use Spiral’s website, mobile applications, or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Spiral’s records and systems, you will indemnify, defend, and hold harmless Spiral, and all of its officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such unauthorized access, including the cost and expenses of investigation and analysis, correction or restoration of any destroyed, lost or altered data, losses associated with a data breach of the system(s) of any person or entity with whom you provided or shared Spiral customer account data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related costs. Any exercise of Spiral’s rights to indemnification shall be without prejudice to other rights and remedies in law or equity. You agree to this indemnity by accessing account data through Spiral’s website or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise.

Website and Mobile Application Content and Materials. The information on the website and mobile applications are for information purposes only and Spiral does not warrant its completeness, timeliness or accuracy. Spiral may, without advance notice, change the terms and conditions of access to and use of information and materials on the website and the mobile applications. The products and services promoted in this website and the mobile applications, including any associated fees, charges, interest rates, and balance requirements, may differ depending upon the geographic locations. Not all products and services are offered in all states. Certain portions or pages of the website and mobile applications are subject to additional disclosures and disclaimers. By using this website and mobile applications, you will not engage in any activity related to the website and mobile applications that is contrary to applicable law, regulation or the terms of any agreements you may have with Spiral. You agree to limit access to your password or other identifying information to authorized individuals. Spiral may discontinue or make changes in the information, products or services described herein at any time without prior notice to you. Any dated information is published as of its date only. Spiral may terminate any website or mobile application offerings or transmissions without prior notice to you.

Sanctioned Countries. You agree not to attempt to log on to the website or any mobile application from any country sanctioned by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury (Treasury). See, Countries Under OFAC Sanctions from the Treasury website. We may block, restrict, or terminate your access to the website or the mobile applications if you attempt to log on to the website or mobile application from an OFAC sanctioned country.

Copyright Protections. The works of authorship contained in the Spiral website and mobile applications, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Spiral. Except as otherwise expressly stated herein, you may not copy, transmit, display, perform, distribute, license, alter, frame, store for subsequent use, or otherwise use in any manner such works of authorship without Spiral's prior written consent, except to the extent permitted by the copyright act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Spiral's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Trademark Protections. Spiral and the stylized Spiral logo are the marketing names for the retail financial services activities of Spiral in the United States. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

LIMITATION OF LIABILITY. THE WEBSITE AND MOBILE APPLICATIONS (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE". SPIRAL AND THIRD-PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE OR MOBILE APPLICATIONS AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND MOBILE APPLICATIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, SPIRAL WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR THE MOBILE APPLICATIONS, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE MOBILE APPLICATIONS AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. SPIRAL WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND SPIRAL'S CONTROL. SPIRAL AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

SPIRAL WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE AND THE MOBILE APPLICATIONS OR ANY PORTION THEREOF, REGARDLESS OF WHETHER SPIRAL HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Severability and Governing Law. If any provision of these terms of use are unenforceable, the remaining terms and provisions will be unimpaired. These terms of use are subject to other agreements you have entered into with Spiral. The user's access to and use of the website and mobile applications, and the terms of this disclaimer, are governed by the laws of the state of New York.