THESE WEBSITE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND FUTUREPAY HOLDINGS INC. (“FUTUREPAY”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.FUTUREPAY.COM (THE “WEBSITE”). BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.

Please read these terms of use carefully.

Changes

This Website and our products and services, are owned and provided by FuturePay, subject to these Terms, as they may be amended by us and any guidelines, rules or operating policies that we may post on this Website, including, without limitation, our Privacy Policy, which are incorporated herein by reference (the “Agreement”). We may amend this Agreement from time to time due to changes to our products and services, any developments by law, or any other commercially reasonable reason. Future performance by us of our obligations under this Agreement is sufficient consideration for any such amendment . Copyright and Trademark information This Website and the information they contain are the property of FuturePay and are protected by United States and international intellectual property laws. All works of authorship including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by FuturePay or one of its affiliates. This is not intended as a complete list of FuturePay trademarks and other FuturePay product or service names or logos appearing in this Website may be trademarks of FuturePay or its affiliates. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without FuturePay’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 FuturePay’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.

Privacy

Please review the FuturePay Website Privacy Policy which is posted on this Website and explains how we use information that you submit to FuturePay via this Website.

Web Content and Materials

The information on this Website is for information purposes only. It is believed to be reliable, but FuturePay does not warrant its completeness, timeliness or accuracy. The information and materials contained in this Website – and the terms of use of the access to and use of such information and materials – are subject to change without notice. Products and services described, as well as, associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations. Terms and Conditions related to select products and services provided are supplied with your application process. You may also contact us at 1-855-984-1129 to request an official copy of the terms and conditions that pertain to your account. In addition, certain portions of this Website are subject to additional disclosures and disclaimers.

Using the Website

You can simply view the Website and you do not need to register with FuturePay to do so. By using this Website, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Website at any time or in any manner or submit any information to FuturePay or the Website. You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with FuturePay; (ii) in circumstances where locations of the Website require identification, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals; (iii) you will not 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 proper working of this Website or to surreptitiously intercept or expropriate any system, data or personal information from this Website; and (iv) you will not 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. Subject to the Terms and your compliance with these Terms, FuturePay hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Web Content and Materials and to use this Website solely for your personal use. Except for the foregoing license, you have no other rights in the Website or any Web Content or Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Web Content or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials. FuturePay reserves the right to discontinue, make changes in the information, products or services described herein at any time without prior notice. FuturePay reserves the right to terminate any or all Website offerings without prior notice to the user. No solicitation or distribution is made by FuturePay to any person to use the Website or such information, products or services in jurisdictions where the provision of the Website and such information, products or services is prohibited by law. Access to the Website may from time to time be unavailable, delayed, limited or slowed due to any cause beyond the control of FuturePay.

Registration; Usernames and Passwords

You may need to register to use all or part of the Website. You represent and warrant that all information submitted to FuturePay in connection with such registration is complete and accurate. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not FuturePay, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Website account.

Jurisdictional Issues

This Website is controlled and/or operated from the United States and is not intended to subject FuturePay to non-U.S. jurisdiction or laws. The Website may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Website, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Limited Liability

Because of the possibility of human and mechanical error as well as other factors, the Website including all materials contained on the Website, is provided ‘as is’ and ‘as available.’ Any use of the Website products and services, and any reliance by you upon the Website products and services, including any action taken by you because of such use or reliance is at your sole risk. We do not warrant that the use of any product or service will be uninterrupted or error free, nor do we make any warranty as to its use results. FuturePay and third party data providers are not providing any warranties and representations regarding the Website, 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, nor liability from any delay, difficulty of use, inaccuracy, incompatibility or any other defects between the Website and users or other site’s accessing programs, or otherwise.