Disclaimers,
Disclosures, and Policies

A note from our Credit team: When Carputty began, LIBOR was a leading benchmark base interest rate. As announced by the Federal Reserve in December 2022, LIBOR will be permanently be replaced by the Secured Overnight Financing Rate (“SOFR”) as the standard benchmark for US loans. The deadline for this transition was set as June 30, 2023, so effective July 1, 2023 all subsequent Advances will utilize SOFR as the base rate.

For clarity, this change will have no impact on any active advances - the rate and payments on any vehicles currently financed through your Flexline will not change. It will only apply to new Advances taken against your Flexline.

Terms of Use

This Terms of Use Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the online functions, products, and services made available to you by Carputty Inc and any and all of its subsidiaries and affiliates.

You can access Carputty products and services through our Carputty website (located at www. carputty.com) as well as through websites and mobile applications operated by Carputty with partners. Carputty may maintain phone, email, and additional websites that allow you to access Carputty products and services. All of these channels are referred to collectively in this Agreement as the “Carputty Site.”

Through the Carputty Site you may access many different products and services offered by Carputty Inc and its subsidiary and affiliated companies. We use the name “Carputty” to refer to any and all of the companies owned by or affiliated with Carputty Inc.  Carputty may add new operating companies from time to time to offer additional products and services.

To use the Carputty Site and to obtain any Carputty product or service, you must agree to this Terms of Use Agreement and all other agreements with Carputty, which are effective and binding on you just as if you had signed the document with pen and ink, and you agree all communication with you related to Carputty and any Carputty product or service may be in electronic form.

Your acceptance of this Terms of Use Agreement is required to use the Carputty Site and to obtain any product or service offered on the Carputty Site. By using the Carputty Site to obtain any Carputty product or service, you agree to be bound by this Terms of Use Agreement just as if you have signed the document with pen and ink.

If you do not wish to be bound by this Terms of Use Agreement, then do not access or use the Carputty website or mobile application, do not click “accept” to register with Carputty, and do not submit any account application, credit line inquiry, credit line request, or other product request. Taking any of these actions means you agree to this Terms of Use Agreement just as if you had signed it with pen and paper.

You may only accept this Agreement and use the Carputty Site if you are legally authorized to accept and be bound by these terms and of a legal age to enter this Agreement.

If you have questions or comments about these Terms of Use, please email us at help@carputty.com.

General Terms

1. Changes to this Agreement:  Carputty may change this Terms of Use Agreement from time to time by posting a current version on the Carputty website without delivering any notice to you. Please review the current version of this Terms of Use on the Carputty Site from time to time, because your continued access or use of the Carputty Site shall be deemed your acceptance of the Terms of Use in place at that time.
2. Additional Product or Account Agreements: To obtain certain Carputty products and services you might be required to enter into additional agreements with Carputty. You will be subject to this Terms of Use Agreement and any other account agreements you enter with Carputty
3. Risks of using the Carputty Site: Conducting financial transactions through online services such as Carputty has inherent risks and is susceptible to interruption. By using the Carputty Site and online services, you agree to the following and accept the following risks:
4. Online information transmission can be disrupted. You accept the risk the Carputty Site could be affected by technical difficulties that impair your ability to obtain, view or deliver information or execute transactions, including in time-sensitive transactions such as securities trades or cash management.
5. You must confirm any transaction attempted online before relying on it being completed. It is your responsibility to verify the status of any attempted transaction by reviewing your accounts or contacting Carputty Customer Support.
6. When you create an account, you agree to use a username with a password that is complex, secure, and private. You agree to protect your login credentials. You agree to accept the risk of unauthorized access and use of your account if your credentials are guessed, stolen, intercepted, or if Carputty’s system is breached or used without proper authorization. If you learn of any unauthorized use of your password or account, you must contact us immediately (using the contact information on our Carputty Site). Carputty is not responsible for any unauthorized access to or use of your account.
7. Carputty’s obligation is to use reasonable information security measures, and you acknowledge and agree that Carputty’s systems are not 100% secure against every possible attack.
8. Privacy: If you use or obtain any Carputty product or service, Carputty will collect information about you and use it and share it according to Carputty’s Online Privacy Policy. Please read Carputty’s Privacy Policy for a full description of how Carputty will collect, use and share information about you. This Terms of Use does not limit the application of the Carputty Privacy Policy.
9. Communicating with You: You expressly give permission to Carputty to contact you according to the following terms:
10. Registration & Accounts: you agree that Carputty may contact you about any matter relating to your registration with Carputty, your submission of an inquiry for any Carputty product or service, your application for a product or service, and for any purpose arising out of or in connection with any account you may obtain from Carputty. We may contact you for any purpose related to any account you have, such as payment reminders or suspicious activity.
11. Marketing: you agree that Carputty may contact you to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send to you will contain instructions permitting you to “opt out” of receiving future communications.
12. Agents: you agree that Carputty may use agents or representatives to contact you on our behalf.
13. Phone, SMS, Autodialers: you agree that Carputty may contact you through any means, including emails, telephone, SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. Carputty and its agent or representative may leave messages on your answering machine, voice mail, or send messages via text. You may opt-out from text messaging by sending an email request to help@carputty.com. 
14. Recorded lines: you agree that Carputty and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line.
15. Accurate numbers: you certify telephone numbers that you have provided to us are your contact numbers, and that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. We may contact you using any information you have provided to Carputty or any of its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached.
16. Push-Notifications/Alerts: you may opt for Carputty to send you messages called “Alerts” by text or phone. Alerts may be delayed or prevented by factor(s) affecting your internet/phone provider or other relevant entities. Carputty is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any Alert, or inaccurate Alert content. You are responsible for your use or reliance on the contents of any Alert for any purposes. The information in any Alert may be subject to certain delays. Each Alert may not be encrypted and may include your name and information pertaining to your account(s). Carputty may terminate your use of Alerts at any time without notice. You may choose to discontinue receiving Alerts by updating your Carputty Notifications Preferences.
17. SMS Notifications: all SMS Notifications in electronic format from us to you will be considered to be in writing.
18. Capability to view messages: in order to access, view, and retain SMS Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.
19. You are responsible for messaging Costs: CARPUTTY MAY USE ANY MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS. You are responsible for any and all charges, including but not limited to, fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.SMS Notifications:all SMS Notifications in electronic format from us to you will be considered to be in writing.
20. Credit Line Inquiries and Submissions: If you submit a credit inquiry or a credit line request to Carputty, you authorize and instruct Carputty to obtain credit information on you from a credit reporting agency and to use it according to Carputty’s Privacy Policy, including to use the information to advertise products and services to you and to target ads to you. Your authorization in this Agreement is in addition to: (i) terms you accept at the time you submit a credit line inquiry, (ii) terms in any credit line application, and (iii) terms in credit line documents if you obtain a credit line. You agree you will provide current, complete, and accurate information about yourself and any co-borrowers or co-signers. If any information you provide is untrue, inaccurate, not current, or incomplete, Carputty has the right to terminate your submission and to decline to provide any and all future use of the Carputty Site. At all times we reserve the right to decline any credit line submission or application for a credit line.
21. You are Responsible for Your Financial Decisions: You are responsible for all financial decisions you make on the Carputty Site or based upon information you obtain on the Carputty Site. Carputty’s products and services are offered to you upon the express condition that you will fully evaluate your own financial circumstances, the terms of the products and services, are fully responsible for your own financial decisions. Only you can consider your financial situation and circumstances. You agree to pursue a Carputty product or service only after you have determined it is right for you.
22. Carputty’s Limitation of Liability: You agree that all access and use of the Carputty Site and your use of Carputty products and services is at your own risk. In no event shall Carputty (and all related parties) be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising or in connection with use of the Carputty Site. In addition, you agree:
23. Carputty will not be responsible if you are unable to use the Carputty Site or any linked site, or in the event of any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Carputty, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
24. Carputty will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
25. Carputty will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
26. Carputty may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
27. Carputty shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems of the website, your computer device, or your failure to confirm any attempted transaction.
28. Carputty may suspend your Account and your use of the Site: Carputty reserves the right to suspend, cancel, or terminate your use of the Carputty Site and any Carputty product or service if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm Carputty or Carputty’s reputation. Carputty may determine in our sole discretion the activities that could lead to such suspension or cancellation.
    
    You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Carputty Site or any transaction being conducted on the Carputty Site.
    
    If you want to deactivate or delete your Carputty account, please email help@carputty.com. You agree that even if you seek to terminate this Agreement, Carputty may be obligated by law to retain information about you and certain transactions.
29. Advertisements and Promotions: The Carputty Site may contain promotions for products and services of third parties, including companies that pay marketing fees to Carputty. Carputty’s promotion of such third parties is an introduction for you to the company and is not an endorsement of their services or products. Carputty disclaims any liability for any third-party information or products offered.
30. Site Changes: Carputty reserves the right to change or modify or discontinue the Carputty Site, or any features or functions on the Carputty Site, for any reason, at our sole discretion, without notice to you.
31. Agreement Duration and Termination: This Terms of Use Agreement will continue to apply to you and your use of the Carputty Site until your Carputty account or relationship is terminated as set forth herein. Carputty may, in its sole and absolute discretion, at any time, for any or no reason, and with or without prior notice, suspend or terminate your use of the Carputty Site and the rights afforded to you hereunder. If you fail to comply with any terms and conditions of this Agreement, then your access to the Carputty Site and any rights afforded to you may be automatically terminated, without any notice to you or other action by Carputty.
32. Links to External Sites: External sites with links on Carputty’s Site often have Terms of Use, Privacy Policies, and security practices that are different from those of Carputty. It is your responsibility to read and understand those documents before agreeing to use the external site.
33. Indemnification: You shall indemnify, defend and hold harmless Carputty and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Carputty Site or App; (ii) your breach of the License to use the Carputty Site and App; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of this Agreement or the App License.Links to External Sites: External sites with links on Carputty’s Site often have Terms of Use, Privacy Policies, and security practices that are different from those of Carputty. It is your responsibility to read and understand those documents before agreeing to use the external site.
34. Applicable Law: These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of Delaware, without regard to its provisions relating to conflict of laws. You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Delaware. The failure of Carputty to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Carputty Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
35. Compliance with Applicable Law: You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Carputty Site. The Carputty Site is available only to individuals who are permitted to use it under applicable law. The Carputty Site is made available only for personal, non-commercial use and display by U.S. residents legally capable of entering commercial agreements. If you do not qualify, do not use the Carputty Site. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree:
36. You are solely responsible for your actions and the contents of your transmissions through the Carputty Site.
37. You will not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
38. You possess the legal right and ability to enter into these Terms of Use and to use the Carputty Site. Unauthorized use of this Carputty Site, including but not limited to unauthorized entry into Carputty’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.
39. No Warranty: Carputty does not warrant the accuracy, adequacy or completeness of the information provided on the Carputty Site and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Carputty Site provide you with ESTIMATES that may be different than actual amounts.
40. Copyright: Carputty Inc owns the copyright in all of the information and material contained on the Carputty Site. The contents of the Carputty Site, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Carputty Site, or use of or access to the Carputty Site, or any information or technology obtained from the Carputty Site, including, but not limited to, Carputty’s trademarks.