PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE WURTHY WEBSITE OR USING THE WURTHY SERVICE, YOU AGREE TO BE BOUND BY THE (1) WURTHY TERMS OF SERVICE, (2) WURTHY E-SIGN CONSENT AGREEMENT, (3) WURTHY PRIVACY POLICY AND PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE WURTHY WEBSITE OR USE THE WURTHY SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.


These Terms are a binding contract between individuals who use our Services (“Users”) and WURTHY, INC. (“Wurthy,” “we” and “us”). By accessing wurthy.com (“Website”) or otherwise using the Services you agree to these Terms. By using the Services, you also agree to the Wurthy Privacy Policy which is incorporated into these Terms.


1. WHAT ARE YOU AGREEING TO?


The Parties to this Agreement. These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Wurthy, Inc. ("Wurthy," "we," "us," "our"), regarding (1) your use of this website ("Website") or any mobile application offered by or marketed by or on behalf of Wurthy or any other technology platform offered by Wurthy, (each an "Wurthy App"), (2) your use of the Website, a Wurthy App, or a third-party website in connection with a product or service offered directly by Wurthy, as applicable, (3) your use of "Additional Tools" as described below in Section 2, (4) your use of any other service(s) offered through the Website or a Wurthy App, as applicable, including, without limitation, Retail Installment Contracts and savings accounts; and (5) your access to your Wurthy account information and access to any service through the Website or an Wurthy App (collectively, the "Wurthy Service(s)" or "Service(s)"). We may partner with banks (each, a "Bank Partner") to offer certain products and services and we offer certain products and services directly to you. If you are approved for a product offered through Wurthy by one of these Bank Partners, or through other partnerships with Bank Partners, you will enter into an agreement with the Bank Partner. Notwithstanding any other provision of this Agreement, any agreement you enter into with a Bank Partner (and not this Agreement) will control with respect to the associated Bank Partner product.


Changes to this Agreement. Wurthy may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a Retail Installment Contract). Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE WURTHY SERVICES AFTER CHANGES HAVE BEEN POSTED. If Wurthy makes any changes to this Agreement that it deems to be material, Wurthy will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.


Your Eligibility. To be eligible to use the Services, you must be at least 18 years old (19 years old if you are a ward of the state in Nebraska) and a resident of the United States or its territories, or an eligible Sole Proprietorship business entity. Retail Installment Contracts originated by a Bank Partner or directly by Wurthy may not be available everywhere. You represent and warrant that you are eligible to use the Services.


1.1 Invoicing: Invoice Viewing Acknowledgment. By using the Wurthy invoicing product, the Partner Business agrees that Wurthy will have visibility into whether an invoice sent to a customer has been received and viewed. In cases where the Customer disputes the contents, accuracy, or terms of the invoice, the Customer must notify both the Partner Business and Wurthy through the platform within 10 days of viewing the invoice. Failure to raise a dispute within this time period will be considered an acceptance of the invoice's terms. All disputes should be initially addressed with the Partner Business, with Wurthy remaining informed as necessary.


By receiving an invoice through the Wurthy platform, the Customer accepts the due date stated on the invoice and the accompanying payment terms. Standard terms for invoices are net 30 days. After the net 30-day period, interest or late fees will begin to accrue daily as specified in the invoice terms.


Wurthy reserves the right, on behalf of the Partner Business, to enforce and collect payment on any outstanding invoices after the due date, including any applicable late fees and interest accrued. This collection effort will continue until the outstanding amount is resolved. By using Wurthy's invoicing product, the Partner Business authorizes Wurthy to manage the invoicing transactions on their behalf, including the handling of all payments, collection efforts, and dispute notifications as outlined in this agreement.


2. HOW WURTHY WILL SERVE YOU


Buy with Wurthy: When you buy with Wurthy you may be offered a closed-end installment product with terms as expressed in your Retail Installment Contract. Your agreement is between you and the merchant you are purchasing goods or services from and it is facilitated through Wurthy's technology platform. Terms may vary based on purchase price and merchant and may not be available in all states. Wurthy's services allow you to buy goods or services offered by merchants ("Merchants") for personal or business use, where available. If you buy with Wurthy, depending on the product, the merchant has the option of assigning the retail installment contract to Wurthy and Wurthy will pay the Merchant in exchange for your promise to repay the same amount plus a finance charge, where applicable.


Your Promise to Pay: Before completing any transaction through any Wurthy Services, Wurthy will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the Total Payments amount to the merchant or its assigns, by asking you to click the button to confirm your retail installment contract. Your retail installment contract may include additional obligations such as wage assignment and / or a blanket security lien depending on your creditworthiness.


Interest Rates: Rates range from 0% to 36% fixed Annual Percentage Rate ("APR"), depending on your creditworthiness and/or the type of product offered (0% APR may only be offered at select merchants). Retail installment contracts are simple interest agreements, which means that interest, if any, accrues daily on the unpaid principal balance, up to the amount of the finance charge, until you pay the agreement in full.


Finance Charge: retail Installment contracts may be subject to a finance charge based on the applicable interest rate. The merchant will always disclose the specific finance charge before you agree to the installment contract.


Late Payment Fee: You may be charged a late fee when you buy with Wurthy as agreed in the purchase contract.


Platform Fee: You may be charged a platform fee on your monthly payments which can range from 0% to 4% depending on your creditworthiness and/or the type of product purchased.


Delays in Processing: In some cases, when you buy with Wurthy to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Wurthy or the merchant and can be canceled at any time until it is confirmed by Wurthy.


Extended Ship Date: If when buying with Wurthy, one or more items in your order has an extended ship date, your Retail Installment Contract payment(s), including interest, may be due before the merchant ships the item(s). Please note that you may not receive a rebate of any interest that may have already accrued on an amount that later gets refunded.


Pay Now. Refer to the Wurthy Pay Now Authorization and Agreement for details.

  • Tools We May Offer: We may from time to time offer you the ability to access certain financial management tools. Examples of such tools include financial calculators, customized financial analyses, bill payment reminders, dashboards with information about your debts (including debts you may owe others) and/or assets, and other similar services. Unless we indicate otherwise, these tools will be provided free of charge and are provided exclusively for personal use.
  • Autofill of Information: In order for you to have a more seamless experience while using Wurthy we will store some of the information that you provide to us, or that you authorize a third party to provide to us, or that a third party provides to us about you, and use that information to autofill different forms for you. More detail on how it works is below. While using the Services, we may ask for your personal information and contact details such as name, shipping address, telephone number, email, VCN card details, debit/credit card details (excluding CVV), and billing address for those cards, or you may authorize our service providers to provide us with information about you, such as details about your financial accounts, transactions, and credit history. We will keep this information in our systems so that when you return to us, you will only need to provide basic details in order for us to automatically fill in the remaining fields to complete your transaction. When you shop with a merchant directly from a Wurthy App, we can autofill your details on the merchant's site. This is enabled when you log in to an Wurthy App so that we know it is you that is shopping with that merchant.
  • Limitations on Tools: You agree that we may modify the tools or cease making them available to you at any time without notice. We have no obligation to continue to make any particular tool available to you or to do so without charge. If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us.
  • Third Party Providers: We may rely on third party providers to assist us in making a tool or other Wurthy Service available to you. By linking your bank account to a tool or Service, you authorize us and our third party providers to access your financial accounts on your behalf, and to gather information about you. You give us and our third party providers a limited power of attorney, and appoint us and our third party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services. You agree to the transfer, storage, and processing of your information by these third party providers in accordance with their respective privacy policies. We have no liability to you for any damages you may suffer as a result of any such third party's actions or inactions or from inaccurate account information.
  • Tools are Provided for Informational Purposes Only: Financial information provided through the tools is provided for informational purposes only and is not a substitute for individualized professional advice. We are not a credit repair or credit services organization as defined under federal or state law, including any credit repair or credit services organization acts. We do not provide "credit services" or "credit repair" services. We do not advise or assist you with "rebuilding" or "improving" your credit. We make no representation that we will improve or attempt to improve your credit record, history or rating. The tools are not intended to provide financial, legal or tax advice, and we are not a financial planner, broker or tax advisor. The tools are intended only to provide general assistance in organizing your finances. Before making any financial decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
  • Accuracy, Reliability and Timeliness of Information: YOUR USE OF THE TOOLS IS AT YOUR SOLE RISK. INFORMATION PROVIDED THROUGH THE TOOLS IS ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO WARRANTY THAT THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR RELIABLE.

  • Collecting Information About You. By using the Wurthy Services, you authorize Wurthy, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include validating information regarding your sole proprietorship business, if applicable. This may also include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Wurthy reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.


    Credit Report Authorization and Reporting. You expressly authorize Wurthy and each of Wurthy's Bank Partners to obtain (for itself or on behalf of Wurthy or a Bank Partner) consumer reports from consumer reporting agencies about you (1) when you request offers or apply for an installment contract or Savings Account, (2) periodically throughout the term of your installment contract (including in the month following the month when you pay off or otherwise satisfy the contract) or Savings Account, and (3) from time to time in connection with any other services that we offer or that you may obtain from us, including, without limitation, your Wurthy account, the Wurthy Savings Account, or services involving financial management and credit profile tools.


    In each case you expressly authorize us and each Bank Partner to use such consumer report about you, and information derived therefrom, in connection with:


    (i) your installment contract or Savings Account, including determining your eligibility, servicing or maintaining your Retail Installment Contract or account, verifying your identity, verifying information you provide to Wurthy or a Bank Partner, and for collecting any amount you owe us or a Bank Partner or any of our respective successors or assigns;


    (ii) marketing, including pre-qualifications and other forms of marketing, for Retail Installment Contracts that may be provided by us or a Bank Partner and any other service we offer or you obtain from us or any Bank Partner through the Wurthy Services, such as financial management tools or the marketplace;


    (iii) our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we or any Bank Partner offers or may offer through the Wurthy Services; and


    (iv) providing you with information or Wurthy Services, including information about your credit profile and to deliver services upon your request (such as financial management tools and credit profile tools).


    If you request offers or apply for multiple or additional Retail Installment Contracts or an additional Wurthy Service, you further authorize us and our Bank Partners to share with each other information it has about you (including a consumer report), in order to determine your eligibility in connection with such offers or applications.


    You understand that Wurthy and/or any of its Bank Partners may report information about your Retail Installment Contract or Savings Account (such as on-time, late, and missed payments; any defaults; and the fact you paid off your Retail Installment Contract) to consumer reporting agencies, and that such information may be reflected in your credit report or other consumer reports about you.


    Servicing & Collection. You agree to allow Wurthy to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Wurthy E-Sign Consent, you agree that payment reminders may take the form of any available communication, subject to applicable law. You also agree that if you fail to pay an amount owed to Wurthy pursuant to this Agreement or any other agreement you have with us or any Bank Partner, Wurthy may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. If your account is delinquent merchants have the right to cease any services being provided or repossess any item purchased without notice. In addition, if your account is delinquent for more than 30 days merchants have the right to require payment in full. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.


    Communication & Notification. You agree that Wurthy may provide you communications about your account and any Wurthy Service electronically or through phone calls or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Wurthy reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Wurthy Service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:

  • a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
  • any email address you provide to us, one of our Bank Partners, service providers, or one of our Merchants,
  • automated dialer systems and automatic telephone dialing systems,
  • pre-recorded or artificial voice messages and other forms of communications.

  • You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.


    You understand and agree that Wurthy may monitor or record telephone conversations you or anyone acting on your behalf has with Wurthy or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Wurthy may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Wurthy, and Wurthy does not guarantee that recordings of any particular telephone calls will be retained or retrievable.


    Notwithstanding this provision, Wurthy's delivery of any Disclosures governed by the Wurthy E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.


    Working with Third Parties. If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Wurthy account, you acknowledge that Wurthy may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Wurthy responsible for, and will indemnify Wurthy from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.


    You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Wurthy 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.


    Where Alloy is used for verifying your identity, you agree that you have read, understand, and accept the Alloy Terms of Service.


    Funds Availability: For business partners, Wurthy processes incoming payments as part of transaction servicing. Wurthy retains these payments for a period of ten (10) business days to facilitate the settlement of funds. This holding period is implemented to mitigate the risk of payment cancellations or stop payments initiated by the sending bank.


    3. YOUR USE OF WURTHY


    Agreement to Provide Accurate Information. When you provide information to Wurthy or in connection with the Wurthy Services, you agree to provide only true, accurate, current and complete information about yourself or your sole proprietorship business and you agree not to misrepresent your identity or your account information. You further agree to keep your account information and contact information up to date and accurate, and to promptly notify us of any changes to such information. Your payment timeliness will be shared with the merchant you entered into the Retail Installment Contract with. If your account is delinquent the merchant may elect to stop providing services. Additional remedies for late and non-payment are contained in your Retail Installment Contract.


    User Responsible for Fees. If you use the Wurthy Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.


    Repayment Methods. All customers are required to connect a bank account for repayment by ACH. You may be required to provide additional repayment methods depending on your creditworthiness. We may use one of the acceptable methods of payment to make one-time transactions to pay your account as payments become due or you may set up automatic account payments. Furthermore, nothing in this Agreement will be construed as applying to the extent inconsistent with the Retail Installment Contract Agreement related to your product or service including any Retail Installment Contract originated directly by Wurthy.


    Access to Your Account. You are responsible for maintaining the secrecy of the login credentials to your Wurthy account and any other access credentials you may use to access your Wurthy account (e.g., the password to your mobile device you use to access an Wurthy App). You must notify us immediately if you believe your login credentials or the security of your Wurthy account has been compromised or stolen. You are responsible for any activity taken on your Wurthy account using your login credentials, except as expressly provided by applicable law. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Wurthy account and to any third party account you have used to login to your Wurthy account. You are also responsible for maintaining the accuracy of the information in your Wurthy account.


    Website & App Content. Information on the Wurthy website and in Wurthy Apps is for information purposes only. It is believed to be reliable, but Wurthy does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice.


    Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, 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 (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Wurthy.

  • Links to Other Websites. Links to non-Wurthy websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Wurthy has no control over the content on such non-Wurthy websites. Wurthy makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Wurthy warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Wurthy, you must do so at your own risk. Wurthy does not guarantee the authenticity of documents on the Internet. Links to non-Wurthy websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.


    Closing Your Account. You may request to close your account at any time by contacting us through the Wurthy Help Center at support@wurthy.co. Your request may take up to 30 business days to process. Upon account closure, we may cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, Wurthy will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. Wurthy will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.


    Dormant Accounts. Wurthy may close your account if you do not log in to your account or use the Wurthy Services for two or more years. Wurthy will retain your information in accordance with the section above.


    Feedback You Provide. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.


    4. HOW YOU MAY NOT USE WURTHY


    By using the Wurthy Services, you agree that:

  • You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with Wurthy;
  • You will not provide false, inaccurate or misleading information;
  • You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person;
  • You will not use the Services to purchase:
  • 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 Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
  • You will not use the Services to make payment(s) on an existing Wurthy Retail Installment Contract(s). Unless otherwise expressly permitted by Wurthy, you will not use the Services for the purpose of payment for an existing Retail Installment Contract(s) or line of credit from another institution;
  • You will not use the Services to accomplish a cash advance, wire or money transfer;
  • You will not commit unauthorized use of Wurthy's Website and systems including but not limited to unauthorized entry into Wurthy's systems, misuse of passwords, or misuse of any information posted to a site; and
  • 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.

  • 5. HOW WURTHY WILL RESOLVE DISPUTES


    Disputes with Wurthy. If a dispute arises between you and Wurthy, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Wurthy through the Wurthy Help Center at support@wurthy.co to try resolving your problem directly with us.


    Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE Wurthy SERVICE OR THE WEBSITE.


    Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Wurthy Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Wurthy shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.


    YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.


    Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Wurthy will pay all arbitration fees and expenses. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.


    CLASS ACTION WAIVER: You and Wurthy each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Wurthy and/or you individually.


    If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and Wurthy each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court's jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern. This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.


    RIGHT TO OPT OUT: If you do not want this Section to apply, you must send Wurthy a signed notice within 30 calendar days after you agree to be bound by the Agreement as described above. You must send the notice in writing (and not electronically) to Wurthy, Inc. Attn. "Terms of Service Section 5 Opt Out", 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. You must provide your name, address, and phone number and state that you "opt out" of Section 5 within the Wurthy Terms of Service. Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement. If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to this Agreement and not any other agreement between us.


    Savings account disputes. Refer to the Bangor Bank’s Terms of Service.


    6. MISCELLANEOUS PROVISIONS


    Payment Coverage for Merchant. The Customer agrees to purchase goods and/or services from the Merchant under an installment agreement facilitated by WURTHY, INC. ("Wurthy"). The Customer commits to making all payments due under this agreement in accordance with the terms specified in the installment plan provided at the time of purchase. The Customer acknowledges that failure to make timely payments constitutes a breach of this agreement.


    Legal Fees and Costs: In the event of non-payment by the Customer, and should Wurthy or the Merchant find it necessary to undertake legal action to recover amounts owed under this agreement, the Customer shall be responsible for all legal fees, costs, and expenses incurred by Wurthy or the Merchant in such action. This includes, but is not limited to, attorney's fees, court costs, and any other expenses associated with the enforcement of this agreement.


    The Customer acknowledges that this obligation extends to the reimbursement of all costs associated with the collection of the debt, including legal action taken to recover the said amounts. The Customer agrees that this provision will survive any termination or expiration of the installment agreement.


    In certain circumstances and at Wurthy's discretion the merchant may assign their customer's retail installment contract(s) to Wurthy in exchange for the remaining principal owed to the merchant at that time.


    Operations. Wurthy operates and controls the Services from its offices in the United States. Wurthy makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Wurthy to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


    Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Wurthy or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Wurthy) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Wurthy if, in our sole discretion, you fail to comply with any term or provision of these Agreements. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. You may not assign these obligations under the Agreement without Wurthy's prior written consent, but Wurthy may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Wurthy's request, you will furnish Wurthy any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Wurthy by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.


    Updating Your Information. You agree that Wurthy is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Wurthy's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.


    Enforceability and Governing Law. The failure of Wurthy to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Wurthy with regard to your use of the Wurthy Services and any previous Terms of Service that may exist between you and Wurthy is hereby superseded. This Agreement cannot be changed or modified by you except as posted on the Services by Wurthy. Except as provided in Section 5 (Mandatory Arbitration), if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. Except as provided in Section 5 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.


    Intellectual Property. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Wurthy or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.


    Trademark. "Wurthy" is the marketing name for certain financial services activities of Wurthy as operator of the Services. "Wurthy" is a trademark of Wurthy. Other featured words or symbols may be the trademarks of their respective owners.


    Indemnification. You agree to indemnify, defend and hold Wurthy and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.


    DISCLAIMER OF WARRANTY. Wurthy AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. Wurthy AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Wurthy AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.


    LIMITATION OF LIABILITY. Wurthy AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Wurthy AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE WURTHY AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER Wurthy NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.


    Statute of Limitations. You and Wurthy both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.


    No Third-Party Beneficiaries. This Agreement is between you and Wurthy. No user has any rights to force Wurthy to enforce any rights it may have against you or any other user.


    Government Use. If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.


    Covered Borrowers under the Military Lending Act. Notwithstanding any other provision of this Agreement, Sections 5 (Mandatory Arbitration), 6.7 (Limitations of Liability), and 6.8 (Statute of Limitations), and the waiver of defenses provision of Section 6.1 shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.


    How to contact us


    We would love to hear from you! If you have any questions regarding these Terms or the Services, please contact us at:


    Email: support@wurthy.co
    Address: 5-5226 Kuhio Hwy #1203 Hanalei, Hawaii 96714