iMerge Financial Online Privacy Policy
(last revised March, 2024)
Overview of our Privacy Policy
This privacy policy describes iMerge Financial’s (“iMerge Financial” or “we” or “us” or “our”) privacy practices in connection with its website: iMergeFinancial.com. This policy is designed to inform you of the information we collect, how we collect that information, how we secure that information, how that information is used and with whom that information is shared. If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears above. If we change the policy in a material way, we will provide appropriate notice to you. You may exercise your choices about how we collect and use your information consistent with this policy at any time.
If you have any questions about our privacy policy, please contact us as described in the section entitled, “Contacting Us”, below.
Information we collect
How do we collect information about you?
Collection Notice
How do we use the information we collect about you?
More Information On Data Trackers:
Third-Party Cookies
Do we share your personal information?
Sharing Information with Service Providers and Business Partners
Sharing Information with Other Third Parties
Sharing Information To Provide Reviews or Testimonials
Sharing Information in Connection with a Company Sale or Transfer
Is my personal information secure?
When You Use Widgets Listed on Our Web Pages
Third Party Sites
Where do you store my personal information?
How long will you keep my personal information?
Will you transfer my personal information across national borders?
Notice Regarding Your Data Rights What if I have a dispute about how you handle my personal information?
Will you market products or services to me?
Notice to Vermont Residents
Notice to Nevada Residents
Protecting Children’s Privacy Online
Will this privacy policy change?
Contacting Us
Information we collect
When you visit one of our web pages, engage our services, or contact us for support or other offerings, we collect information that identifies you. Some of this information identifies you personally (such as name) and other is non-personal (such as your activity on our website). The following is a general list of the types of information we collect:
identifiers (e.g., name, IP address, mailing address, email address, phone number);
Payment Information such as billing address or account numbers.
Contact Information including your name, address, email address, telephone number, etc.
Online Identifiers: When you access our web pages, we obtain your Internet Protocol address, browser user agent, and your device id.
Data Trackers, Including Cookies and Web Beacons: We collect information on
what pages you access or visit;
user-specific information on what pages you access or visit;
information you volunteer, such as survey information and/or site registrations;
bandwidth use;
referral source;
operating system;
mobile carrier (where applicable); and
system and connection performance.
How do we collect information about you?
We collect the above information through the following means and technologies:
Directly. Directly from you when you provide it to us through this website.
Automatically. Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and/or other tracking technologies.
Tracking Software. We employ software technology that enables us to track certain aspects of a user’s visit to the Website. This technology helps us better manage content on the Website by informing us what content is effective, how consumers engage with the Website, and how consumers arrive at and/or depart from the Website. The software typically uses two methods to track user activity: (1) “tracking pixels” and (2) “clear gifs.” Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether or not a user has viewed a particular web page or email message. User activity information may be associated with additional information about a user’s session and Personal Information, if provided by the user.
Click Through. If you arrive at the Website by “clicking through” from another website, then certain information about you that you provided to that other website, such as the terms you were searching on that led you to the Website, may be transmitted to us and we may use it. You should review the privacy policy of any website from which you reached the Website to determine what information was collected by that website and for what purpose(s) you agreed that website could use that information. We may retain information about you provided to us by other websites and will only use it in accordance with this Privacy Policy.
Targeted and Cross-Context Behavioral Advertising
We may work with third-party advertisers, search providers, ad networks (“Advertisers”) to learn more about you and show you ads or other content that we believe would be relevant to you. Advertisers may collect and use information about your use of the Website or services we offer as well as other websites and services. These companies may use cookies, tracking pixels, and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to create an interest profile of individual users and Advertisers may collect identifiers, commercial information, characteristics of protected classification, and internet information in connection with targeted and cross-context behavioral advertising activity. Our Privacy Policy does not cover any use of information that an Advertiser may collect from you. Advertisements may be shown via the Website or on third-party websites. You can visit the Network Advertising Initiative website at www.networkadvertising.org for information about Internet advertising companies and how to reduce information collection by such companies. Please also see the Additional State Consumer Rights section below regarding rights you may have under state laws to opt out of our sharing of Personal Information for targeted or cross-context behavioral advertising purposes.
Social Media Widgets
The Website may include social media features, such as the Facebook, YouTube, LinkedIn, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our site as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with features are governed by the privacy policies of the companies that provide them. Before you choose to interact with these features, you should review the relevant social media company’s privacy policy.
Third Party Merchants.
We may work with third party merchants who provide us with your personal information so that we may process it on their behalf. We may hold/process data at the direction of businesses that use our platform subject to our data processing agreement with such merchant.
Collection Notice
As a company that conducts activities that are financial in nature, iMerge Financial is a “financial institution” as that term is defined in the Gramm-Leach-Bliley Act (“GLBA”). While the state law does not exempt financial institutions like iMerge Financial, from its requirements, it does exempt personal information collected by a financial institution pursuant to the GLBA. Accordingly, much, if not all, of the data consumers provide to iMerge Financial, or that we collect from our merchant clients regarding their consumers, will fall within the GLBA exemption.
iMerge Financial recognizes the eleven (11) broad categories of personal information referenced in state law that a business may collect about a consumer. In particular, iMerge Financial has collected the following categories of personal information from consumers within the last twelve (12) months.
|
Category |
Examples |
Collected |
|
A. Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers. |
YES |
|
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories. |
YES |
|
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
YES |
|
D. Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
|
E. Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
NO |
|
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. |
YES |
|
G. Geolocation data. |
Physical location or movements. |
YES |
|
H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
NO |
|
I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
YES |
|
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
NO |
|
K. Inferences drawn from other personal information. |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
NO |
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from California law's scope, such as:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Any data that falls under one of the bullet points above will not be considered “personal information” under California law.
iMerge Financial will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing notice to you. Such notice may be delivered, for example, by posting an updated Privacy Policy.
How do we use the information we collect about you?
We use contact information, including email addresses, to communicate with our customers and provide requested services. This also helps us notify you about updates to our web pages, products and policies, and marketing releases. We also use this contact information for billing purposes and to carry out your requested services.
Online identifiers and data trackers are used to secure the limited access portions of our web pages and services. Data trackers help our web pages work. They also help us to improve our content and to customize the content and/or layout of our page for each individual visitor. In addition, we use online identifiers and data trackers to prevent and reduce fraudulent practices. For more information about our use of cookies, web beacons, and similar technologies, please read “More Information On Data Trackers” below.
iMerge Financial may use this information to:
Provide you with the information, products, or services you request from us.
Fulfill the reason you provided or we received the information, such as connecting you with a company that will provide services that you are interested in.
Personalize your website experience and deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent where required by law).
Advertise and market products and services to you from both affiliated and non-affiliated entities, which includes sending promotional communications, target advertising, and presenting you relevant offers.
Help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
Process your requests, transactions, and payments
Provide you with support and to respond to your inquiries, including investigating and addressing your concerns and monitor and improve our responses.
Test, conduct research, analysis, and product development, including developing and improving our website, products, and services.
Prevent transactional fraud.
Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
As described to you when collecting your personal information or as otherwise set forth in California law.
More Information On Data Trackers:
Cookies are small text files that are stored by your web browser when you use websites. When you visit our web pages, our web server sends a cookie to your computer. You can control how websites use cookies by configuring your browser’s privacy settings (please refer to your browser’s help function to learn more about cookie controls). Note that if you disable cookies entirely, our web pages may not function properly. We use cookies in several ways, such as:
To show whether you have visited a web page previously;
To store your preferences;
To show how you navigate around a web page and the most commonly clicked links on a specific web page;
To gather certain technical information, such as your browser version and operating system; and
To estimate and report how many different users are on our websites.
The use of cookies allows us to make your experience on our website simple and meaningful, to customize web page content, to alert you to new areas that we think might interest you, to provide better services, and to ensure that you are not repeatedly sent the same banner ads, when you return to our web pages. It also helps us to conduct research to improve the content and services of our web sites.
Web beacons (sometimes called “tracking pixels”, “transparent gifs”, “clear gifs”, “pixel gifs”, or “pixel tags”) are tiny, invisible images that are embedded on web pages and emails and are stored on a your hard drive. They help us to count users who visit our web sites or open our emails. Tracking pixels help us figure out if certain features, notifications, and products or services are effective and if they can be improved. You can modify your browser settings to control web beacons.
Third-Party Cookies
We may also from time to time engage third parties to track and analyze data and statistics that do not identify you. This practice helps us administer our websites and improve their quality. These third parties may use cookies and web beacons to help track visitor behavior. Their cookies and web beacons may track how you interact with a web site through the use of cookies and the data collected may include how you navigate around a web page and the most commonly clicked links on a specific web page. They may also collect technical information, such as your browser version and operating system. If collected, this information will be used by us to evaluate and, if necessary, modify our website to improve the functions and make it easier for customers to use. Your name and contact information is not collected or used for this purpose.
As a part of our efforts to carry out and improve our services to you and to monitor and improve the functions of our websites, we may also undertake profiling or automated individual decision-making. Automated individual decision-making refers to a decision made solely on the basis of automated processing of your personal data, without human involvement. For instance, we may process personal information using an algorithm or a software code. Profiling is automated processing of personal data to evaluate certain information collected about an individual. We conduct profiling and automated decision-making to better understand your interests and preferences and to adapt our communications to your user profile. You can address any questions or concerns about this practice by contacting us.
Do we share your personal information?
iMerge Financial works with companies that help us run our business. From time to time, we need to share some of your personal information with these companies so that they can perform requested services. They can only access your personal information to carry out the tasks we have asked them to do. They are required to hold this information in confidence, and they must meet both legal and industry standards to ensure that your data is protected. We may share your personal information with service providers, business partners, or other third parties.
To see information regarding your data rights, and how you may exercise your rights, please visit the Notice Regarding Your Data Rights Section.
Sharing Information with Service Providers and Business Partners
iMerge Financial shares information with business partners in order to carry out the services that you have requested. For example, we may share information with a merchant in order to provide a consumer with a requested product, including loans or other financial services. This sharing is always done with the prior consent of the consumer.
When we do so, iMerge Financial enters into a contractual arrangement that describes the business purpose and requires the recipient to both: (A) keep that personal information confidential; and (B) not use it for any purpose except performing the obligations under the contract. Please note that once we share your personal information with another company, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.
We work with companies who help us: host our services and data, manage how our services function, improve and automate our marketing techniques, incorporate customer service and other software platforms, process payments from third parties, and market and promote products and services, including by email.
These service providers are authorized to use your personal information only as necessary to provide the requested services to us. Without limiting the foregoing, iMerge Financial may also share information about visitors, members, and/or customers with our service providers to ensure the quality of information provided. Without your permission, iMerge Financial does not share, sell, rent, or trade any information with third parties for their promotional purposes.
We share your personal information with the following categories of third parties for a business purpose:
Affiliates
Service providers
Third-Party Lenders
Third-Party Debt Relief Providers
Data aggregators
Internet cookie data recipients (e.g., Google analytics)
State laws requires iMerge Financial to provide you with a statement on its personal information disclosures for a business purpose that reference the eleven (11) categories of information reflected in the chart above. In the preceding twelve (12) months, iMerge Financial has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category F: Internet or other similar network activity.
Sharing Information with Other Third Parties
We and our advertisers may collect information about you using cookies and web beacons. You can control the collection of such information using cookies and web beacons by adjusting the settings on your web browser.
We also work with partners to create programs that help you to get the most out of our services and provide you the opportunity to purchase complementary products and services that may be used in tandem with our services.
We may disclose your information to one or more trusted partners so they can help you or offer you complementary or value-added products and services. In each case, the trusted partner will confirm they will (1) hold your information in confidence, and (2) not use it for any purpose except for the purposes described above. We partner with third party ad networks to display advertising on our web pages or to manage our advertising on other websites. Our ad network partners may use cookies and web beacons to collect information about your activities on our websites and other websites to provide you targeted advertising based upon your interests. To opt out of this type of cookies, visit the Network Advertising Initiative (NAI) website by visiting OPT OUT OF INTEREST-BASED ADVERTISING. Even if you opt out through the NAI website, you can still receive communications you have signed up to receive from us unless you opt out of these communications as well.
Sharing Information to Provide Reviews or Testimonials
We may select and post customer testimonials about our services, which may contain personal information such as your name and/or the city, state, or country in which you live. We will obtain your consent before we post any testimonial with your name. When you submit a review, you give us permission to post that review. If you post this content, it will be available to other users. Your posting may also become public and we cannot prevent that information from being used in a manner that may violate our privacy policy or the law. If you would like us to remove or delete your name, testimonial, or review from our web pages, please contact us. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of our web pages for a period of time.
Sharing Information in Connection with a Company Sale or Transfer
We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
Is my personal information secure?
We use reasonable and diligent efforts to maintain accurate information on our customers and have adopted and implemented reasonable industry standard security procedures to protect any such information collected against the loss, misuse or alteration. We constantly monitor our systems, which are protected using industry-standard security measures. Although we will use reasonable efforts to secure network communications and our website, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
When You Use Widgets Listed on Our Web Pages
A widget is a small application with limited functions. It can be installed and used within a web page. It occupies a portion of a webpage and does something useful with information fetched from other websites. We may provide widgets on our web pages so you can share information on third-party platforms. Our web pages may also include social media features, such as the Facebook® or Twitter® button and similar widgets and interactive mini-programs that run on our site. The companies running those widgets may collect your IP address, which page you are visiting on our site, and may set a cookie to enable their widget to function properly. Social media widgets are either hosted by a third party or hosted directly on our web pages. Since these other parties have their own privacy policies—and your use of their widgets is governed by their policies—we encourage you to review the privacy statements for the companies running those widgets.
Third Party Sites
Our website may contain links to third party websites. Please note that the privacy and other policies of any such third-party website may differ materially from this Policy. We strongly recommend that customers review the privacy policies of any such third party prior to submitting personally identifiable information. iMerge Financial has no control over and is not responsible for the information practices of other websites, including those to which we may link and those which may link to us.
Where do you store my personal information?
Your personal information and files are stored on iMerge Financial servers and the servers of companies we hire to provide services to us. Your personal information may be transferred across national borders because we have servers located worldwide and the companies we hire to help us run our business are located in different countries.
How long will you keep my personal information?
We will retain your personal information for as long as necessary to provide you with the product and services you have requested and as needed to comply with our legal obligations and enforce our agreements.
Will you transfer my personal information across national borders?
We primarily store information about our visitors, members, and customers in the United States. However, we may transfer your personal information across national borders to other countries in compliance with applicable laws. If you are a European resident, we transfer your data based on one or more of the following legal mechanisms: Standard Contractual Clauses.
Notice Regarding Data Your Rights
Your Choices Regarding Your Personal Information; Opting Out
Unsubscribing to Marketing Communications. If you no longer wish to receive bulletins, updates, or other marketing-related materials from us, you can opt out of this Service by either (i) following the “unsubscribe” instructions located near the bottom of each email message, or (ii) contacting us as provided in the Contact Us section below.
Access, Deletion, and Do-Not-Sell Requests. You may have certain rights regarding the information we collect and share with third parties. To exercise those right, please visit our Data Requests Page.
Information regarding your data rights. Specifically, we provide the following rights with respect to your Personal Information:
Copies of Personal Information. You may request a copy of the following: (i) the categories of Personal Information we collected about you; (ii) the categories of sources from which the Personal Information is collected; (iii) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (iv) the categories of third parties with whom we share Personal Information; and (v) the specific pieces of Personal Information we have collected about you.
Deletion of Personal Information. You may request that we delete your Personal Information. Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for other internal business purposes consistent with the terms under which it was collected.
Do-Not-Sell or Share Requests. You may request that we do not share or sell your Personal Information with third parties to be used for purposes not described in this Privacy Policy. The California Consumer Privacy Act refers to this as a “Do Not Sell” request. IMerge Financial only seeks to refer, share, or otherwise transfer Personal Information with marketing providers, service providers (including third-party lenders and debt resolution companies) and others described above for purposes identified in this Privacy Policy. Please note, however, that Online Activity Information or Anonymous Information collected by service providers providing pixels or other third-party technologies on our Website could potentially be used by those service providers for their own purposes, some of whom may be able to associate such information with you based on other information they have collected. We will endeavor to block such sharing upon request.
Submission of Requests. You can submit any of these requests by e-mailing us at info@iMergeFinancial.com or by visiting the Data Requests Page. You may authorize another person (your “Agent“) to submit a request on your behalf the same way. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we fulfill it or advise you of an exemption.
Response to Requests. Please be advised that iMerge Financial will fulfill these requests in its reasonable discretion and in a manner consistent with any applicable law. Likewise, we will aim to complete such requests as soon as reasonably practicable and in a manner consistent with any applicable law. If you otherwise have concerns or objections with our processing of your Personal Information, please email us at info@iMergeFinancial.com or contact us as provided in the Contact Us section below.
Anonymous Information. We will not delete Anonymous Information from our database other than in the regular course of business, and nothing in this Privacy Policy restricts our use of Anonymous Information.
To exercise your data rights under this section, please visit our Data Requests Page.
To protect customer privacy and security, we reserve the right to take reasonable steps to verify your identity prior to granting access to or processing changes or corrections to such information.
What if I have a dispute about how you handle my personal information?
While this Site is not intended for European residents, if you are an E.U. resident and you have a dispute about how we are handling your personal information you may have a right to lodge a complaint with your local supervisory authority. Otherwise, all users may contact us with questions or disputes at our address, telephone and/or e-mail provided at the bottom of this Policy.
Will you market products or services to me?
iMerge Financial and companies we hire to help us market our web pages and services on our behalf may use your information to provide you with information and offers related to our services. You may decline to receive these offers by contacting us.
You may also opt out of receiving future promotional/marketing messages from us by clicking the “unsubscribe” link found in the footer of our email messages. Please note that if you opt out of promotional/marketing messages, you may continue to receive certain communications from us, such as administrative and services announcements and/or messages about your account/profile.
Notice to Vermont Residents
In response to Vermont regulations, we automatically treat accounts with Vermont billing addresses as if you requested that we not share your information with nonaffiliated third parties, and that we limit the information we share with our affiliates. If we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only disclose your name, address, other contact information, and information about our transaction and experiences with you.
Notice to Nevada Residents
We are providing you this notice pursuant to state law. First, iMerge Financial does not sell consumer information. Second, as a NV resident may be placed on our internal Do Not Call List by requesting that we cease calling you by contacting us directly and making such request in writing at info@iMergeFinancial.com. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 702-486-3132; e-mail: BCPINFO@ag.state.nv.us.
Protecting Children’s Privacy Online
This website is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the website. We do not knowingly collect information from children under 13. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA). If you believe that we have received information from a child or other person who is not of a majority age in their relevant jurisdiction, please contact us at our email or physical mailing address listed in the “Contact Us” section below and we will take all reasonable efforts to remove the information.
Will this privacy policy change?
If our information practices change at some time in the future we will post the changes to our Privacy Statement web page to notify you of these changes. We encourage you to periodically review this Privacy Statement for the latest information on our privacy practices.
Contacting Us
Legal/Privacy Compliance
Address: iMerge Financial, 70` Palomar Airport Road, Suite 300, Carlsbad, CA 92011
Phone: 1-855-684-4100
E-mail: info@iMergeFinancial.com
iMerge Financial Terms of Service
Last Updated: March 2024
IMPORTANT – BEFORE ACCESSING OR USING ANY PART OF THE iMERGE FINANCIAL WEB SITE LOCATED AT WWW.IMERGEFINANCIAL.COM AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”), YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE. iMERGE FINANCIAL IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
This TOS contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.
USER OBLIGATIONS.
By accessing or using this Site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration form. If you provide any false, inaccurate, untrue, or incomplete information, iMerge Financial reserves the right to terminate your access and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site and agree not to interfere with the use and enjoyment of this Site by other Users and iMerge Financial’s operation or management of this Site. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of iMerge Financial when using this Site.
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While iMerge Financial has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Site may involve transmission over various networks. Accordingly, iMerge Financial is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using this Site and must make your own determination as to these issues.
Loan Applications: If applying for a loan through the Site, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, your application may be terminated and iMerge Financial may decline to provide any and all future use of the Site. We reserve the right to decline your application for a loan or not otherwise proceed in referring you to any third party service providers.
LICENSE GRANT RESTRICTIONS.
Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any iMerge Financial server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or iMerge Financial’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, and (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to iMerge Financial on or through the Site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY iMERGE FINANCIAL TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. iMerge Financial reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. iMerge Financial will also comply with all court orders involving requests for such information. In addition to the foregoing, iMerge Financial reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, for any reason.
TERM AND TERMINATION.
This TOS will take effect at the time you begin accessing or using this Site, whichever is earliest. iMerge Financial reserves the right at any time and for any reason to deny you access to the Site or to any portion thereof, including any services offered, and to terminate this TOS. This TOS will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions of this TOS concerning proprietary and intellectual property rights, submissions, events beyond iMerge Financial’s control, confidentiality, indemnity, representations and warranties, disclaimers of warranty and liability, availability of records, admissibility of this TOS, termination, and governing law will survive the termination of this TOS for any reason.
PROPRIETARY RIGHTS.
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by iMerge Financial and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, iMerge Financial does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that iMerge Financial actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by iMerge Financial. The iMerge Financial logo, and all other names, logos, and icons identifying iMerge Financial and its products and services are proprietary trademarks of iMerge Financial, and any use of such marks without the express written permission of iMerge Financial is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
PRIVACY POLICY.
iMerge Financial considers your personal identifying information to be private and operates this Site by keeping any collected personal identifying information confidential. Nevertheless, you understand, acknowledge, and agree that the operation of certain portions of the Site requires the submission, use, and dissemination of various personal identifying information, especially if you are seeking a loan or other related services. Accordingly, if you wish to access and use those areas of the Site, you acknowledge and agree that your use of this Site will constitute acceptance of iMerge Financial’s personal identifying information collection and use practices. Please see iMerge Financial’s Privacy Policy for a summary of iMerge Financial’s personal identifying information collection and use practices.
SUBMISSIONS.
iMerge Financial welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to iMerge Financial, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to iMerge Financial. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for iMerge Financial to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
THIRD PARTY PRODUCTS/SERVICES.
You acknowledge and agree that this Site may feature materials, products, and services provided by third parties. iMerge Financial makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, products, and services. iMerge Financial expressly disclaims responsibility and liability for all third-party provided materials, products, and services contained on or accessed through the Site.
ADVERTISERS ON THIS SITE.
iMerge Financial, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser. You agree that iMerge Financial shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, iMerge Financial shall not be responsible or liable for the statements or conduct of any third party on this Site.
LINKS TO OTHER SITES.
iMerge Financial may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by iMerge Financial and are maintained by third parties over which iMerge Financial exercises no control. Accordingly, iMerge Financial expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
LINKS TO THIS SITE.
iMerge Financial encourages and permits text links to this Site and its content. iMerge Financial is committed to the highest ethics and standards, and therefore, any links to this Site should not suggest that iMerge Financial promotes or otherwise endorses any third-party products, services, causes, campaigns, websites, content, or information. Moreover, no link may be used for commercial or fundraising purposes. iMerge Financial also reminds you that a link may not use or include any iMerge Financial logos, content, or designs without the express written consent of iMerge Financial.
DISCLAIMER.
WHILE iMERGE FINANCIAL ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, iMERGE FINANCIAL MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. iMERGE FINANCIAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. iMERGE FINANCIAL ALSO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROGRAM IS NOT AVAILABLE IN ALL STATES.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL iMERGE FINANCIAL AND ITS AFFILIATES AND ALL OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF iMERGE FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF iMERGE FINANCIAL UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
INDEMNITY.
You agree to defend, indemnify, and hold harmless iMerge Financial and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any breach by you of this TOS, or the submission by you of any material via the Site. iMerge Financial reserves the right to take over the exclusive defense of any third-party claim or action, and in such event, you shall provide iMerge Financial with such cooperation as is reasonably requested by iMerge Financial. You hereby release iMerge Financial and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site.
LEGAL DISPUTES: BINDING ARBITRATION/CLASS ACTION WAIVER
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements. Therefore, if there is any dispute or disagreement arising from or related to the Terms of Service, your use of or interaction with the Site, or any data or information you may provide to iMerge Financial or that it may gather in connection with such use, interaction or transaction (collectively, “iMerge Transactions or Relationships”), neither party will have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or iMerge’s services, or engaging in any other iMerge Transactions or Relationships, you agree to binding arbitration as provided below. The arbitration required under the Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended or any successor statute and not by state law. Client hereby agrees that any dispute arising between or among the parties shall first be heard before a certified mediator with venue exclusively located in San Diego County, California or such other location as iMerge Financial maintains its corporate headquarters. Mediation may be attended telephonically or in person and must last a minimum of two (2) hours.
In the event there is no resolution through mediation, and in the event of any controversy, claim, or dispute between the parties arising out of or relating to this TOS. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us through the mediation. If those efforts fail, you agree that any complaint, dispute, or disagreement you may have against iMerge Financial, and any claim that iMerge Financial may have against you, arising out of, relating to, or connected in any way with any iMerge Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). This Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and iMerge Financial(the “Arbitrator”); the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of the iMerge Transactions or Relationships and/or these arbitration provisions in this section, including but not limited to any claim that all or any part of the iMerge Transactions or Relationships is void or voidable; the Arbitration shall be held in San Diego County, California or such other location as iMerge Financial maintains its corporate headquarters. the Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief; the Arbitration can resolve only your and/or iMerge Financial’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets; in the event it shall become necessary for either party to take action of any type whatsoever to enforce the terms of the Agreement, the prevailing party shall be entitled to recover all of its attorneys’ fees, costs, and expenses, including all out of pocket expenses that are not taxable as costs, incurred in connection with any such action, including any negotiations, mediation, arbitration, litigation, and appeals; and if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Both you and iMerge Financial hereby waive to the fullest extent possible the right to trial by jury, and (ii) if the jury waiver set forth in this section is not enforceable, then any dispute, controversy or claim arising out of or relating to the Agreement or any of the transactions contemplated herein shall be resolved by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a mutually acceptable referee or, if none is selected, then a referee chosen by the Presiding Judge of the California Superior Court for San Diego County, provided this provision shall not restrict any party from seeking to enforce any prejudgment remedies.
GENERAL PROVISIONS.
This TOS, iMerge Financial’s Privacy Policy, and any related or associated service, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and iMerge Financial with respect to the use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and iMerge Financial with respect to this Site. Please note that iMerge Financial reserves the right to change the terms and conditions of this TOS and under which this Site and its many offerings are extended to you by posting a revised TOS. In addition, iMerge Financial may add or delete any aspect of this Site. Your continued use of this Site following any change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis and review the “Last Revised” date at the top. This TOS has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of California as applied to agreements entered into and completely performed in the Commonwealth of California. Any cause of action related to use of this Site must be commenced within (1) year after the claim or cause of action arises or is otherwise reasonably known. The sole jurisdiction and venue for any mediation, arbitration or litigation arising out of this TOS shall be in San Diego, County California, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens, except that iMerge Financial may seek temporary injunctive relief in any venue of its choosing. This Site is controlled and operated by iMerge Financial and third party vendors with which it contracts from its offices within the United States. iMerge Financial makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by iMerge Financial of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of this TOS shall continue in effect. A printed version of this TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This TOS, iMerge Financial’s Privacy Policy, and any related or associated service are considered drafted by both parties and shall not be construed against any party as the drafter.
SMS and Auto Dialed Calls
By entering your contact information onto www.imergefinancial.com you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing the goods or services that Company is offering. Standard text message rates and cellular data charges apply. You may opt-out by replying “stop” to any message that you receive.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.