THESE DISCLAIMERS (the “Disclaimers”) are between Impruvu LLC, a limited liability company duly organized under the laws of the State of New Mexico (“Impruvu, Company, us, we, our”), and the User(s) of this website (“Users, you”), which you must accept to use any aspect of this website. By continuing to use this website, you assent to each term in these Disclaimers.  If you do not understand or agree to this Policy, then you agree to immediately cease your use of this website.

ARBITRATION. 

RESOLUTION OF DISPUTES: THE USER ACKNOWLEDGES THAT IT HAS READ THIS PROVISION CAREFULLY, AND UNDERSTANDS THAT THIS PROVISION LIMITS THE USER’S RIGHTS IN THE EVENT OF A DISPUTE BETWEEN THE USER AND IMPRUVU.

In this Resolution of Disputes provision:

“You” and “your” mean the individual entering into this Agreement, as well as any person claiming through such individual;

“We” and “us” mean Impruvu LLC, and each its affiliates;

“Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity; whether pre-existing, present, or future; and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between us and you (including claims arising prior to or after the date of the Agreement, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration clause.

Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed (the “Rules”). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. The Party to file that claim chooses the administrator. You can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, (800) 778-7879, www.adr.org; or by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. 

The address for serving any arbitration demand or claim on us is: Impruvu LLC, 530-B Harkle Road, STE 100, Santa Fe, NM 87505,  Attention: Compliance.

Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten (10) years’ experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.

We will pay all filing and administration fees charged by the administrator and arbitrator fees up to one thousand ($1,000) USD, and we will consider your request to pay any additional arbitration costs; however, if an arbitrator issues an award in our favor, you will be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for any fees paid by you to the administrator or arbitrator. Each Party shall bear its own attorney’s, expert’s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.

Any in-person arbitration hearing will be held in the State of Oregon, or in such other locations as mutually agreed upon. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. 1-16, and, if requested by either Party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding except that: 

Any Party may exercise any appeal right under the FAA; and 

Any Party may appeal any award relating to a claim for more than one-hundred thousand ($100,000) USD to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing Party will pay the appeal’s cost, regardless of its outcome; however, we will consider any reasonable written request by you for us to bear the cost.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. The validity and effect of this Arbitration clause shall be determined exclusively by a court, and not by the administrator or any arbitrator.

If any portion of this Arbitration clause is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this clause. However, if this Arbitration clause is deemed invalid or unenforceable in whole or in part, then this entire Arbitration clause shall be deemed invalid and unenforceable. The terms of this Arbitration clause will prevail if there is any conflict between the Rules and this section.

YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN THIS ARBITRATION CLAUSE OR UNDER THE FEDERAL ARBITRATION ACT).

You and we acknowledge and agree that the arbitration agreement set forth in this Arbitration clause is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration clause. 

This clause shall not apply to covered borrowers as defined in the Military Lending Act.

INDEMNIFICATION

The User agrees to defend, protect, indemnify, and hold the Company, and its affiliates, officers, managers, directors, employees, contractors, and subcontractors, harmless against any and all claims, demands, causes of action, and judgments of every kind and character, including regulatory agency costs, court costs, and attorneys fees, arising, occurring, growing out of, incident to, or resulting directly or indirectly from any misrepresentation made by the User on this website or in connection with the services offered on this website, regardless of whether such misrepresentation was intentional or unintentional. 

The User also agrees to defend, protect, indemnify, and hold the Company, and its affiliates, officers, managers, directors, employees, contractors, and subcontractors, harmless against any and all claims, demands, causes of action, and judgments of every kind and character asserted by any third-party that arise out of or in connection with the services offered on this website, or any breach by the User of any provision of this website’s terms and conditions. The indemnities set forth in this here are subject to the restrictions or limitations imposed by law, but only to the extent of such restrictions or limitations.

LIMITATION ON LIABILITY:

EXCLUDING DAMAGES ARISING FROM THE COMPANY’S BREACH OF CONFIDENTIALITY OBLIGATIONS, THE COMPANY SHALL NOT BE LIABLE TO THE USER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY LOST PROFITS BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY, NOR SHALL THE COMPANY’S AGGREGATE LIABILITY FOR ANY OTHER DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE LIQUIDATION FEE PAID BY THE “USER” TO THE “COMPANY” IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

MILITARY LENDING ACT.  

The Military Lending Act provides specific protections for active duty service members and their dependents in consumer credit transactions. This Military Lending Act clause includes information on the protections provided to covered borrowers as defined in the Military Lending Act.

Statement of MAPR. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an annual percentage rate of thirty-six (36%) percent. This rate must include, as applicable to the credit transaction or account: 

1. The costs associated with credit insurance premiums; 
2. Fees for ancillary products sold in connection with the credit transaction; 
3. Any application fee charged (other than certain application fees for specified credit transactions or accounts); and 
4. Any participation fee charged (other than certain participation fees for a credit card account).

NO WARRANTIES:

Through your use of this website, you acknowledge and agree that information and/or documents provided by the Company is simply information and should not be considered legal advice, tax advice, brokerage advice, or investment advice. 

If you are in need of legal advice or financial advice, please consult the appropriate advisor, such as your own attorney, accountant, or other professional.

You agree that your use of the website is at your sole and exclusive risk and that any services provided by the Company are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Documents, information, or other services received on or through this website may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.

The Company makes no warranties that the website will meet your needs or that the website will be uninterrupted or error-free. The Company also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on the website or obtained through any services. You agree that the Company is not liable for any errors, omissions, losses, or damages, which may have been caused by your use of this website to the extent permitted by law.

Moreover, you agree not to use the website:

1. To reproduce, distribute the Company IP in any way, or violate any intellectual property rights of the Company or a third party;
2. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4. To perpetrate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. To publish or distribute any obscene or defamatory material;
7. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
8. To unlawfully gather information about others;
9. To damage the website or the general business of the Company; or
10. For any unlawful purpose.

ORAL DISCLOSURES. 

Please call [Insert Number for Impruvu] to obtain oral disclosures, including the statement of MAPR, required under the Military Lending Act.

STATE LAW DISCLOSURES. 

CA Residents: Interest is compounded on unpaid Interest Charges on Purchases, Cash Advances and Balance Transfers. 

IA Residents:

NOTICE TO CONSUMER: 

1. Do not sign this paper before you read it; 
2. You are entitled to a copy of this paper; and
3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.

KS Residents:

NOTICE TO CONSUMER: 

1. Do not sign this agreement before you read it; 
2. You are entitled to a copy of this agreement; and
3. You may prepay the unpaid balance at any time without penalty.

MA Residents: 

Massachusetts law prohibits discrimination based upon marital status or sexual orientation.

MD Residents: You have the right under Section 12-510 of the Commercial Law Code to receive an answer to a written inquiry concerning the status of your Account directly from the Third-Party Lender.

ME Residents:

NOTICE TO CONSUMER: 

Do not sign this agreement before you read it. You are entitled to a copy of this agreement. Maine law requires that the following disclosures be provided to you before any contract is signed with, and before any money is paid to, Impruvu or to third parties. The agreement between you and Impruvu must be in writing and signed, and must contain a description of the services to be performed, payment details, any guarantees, the time frame of the contract, and offers of full or partial refunds, as well as a notice informing you of the importance of reading the contract and retaining a copy. 

MO Residents:

Oral agreements or commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you and Impruvu from misunderstanding or disappointment, any agreements we reach covering such matters will be contained in writing, which shall be the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

ND Residents:

MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OF THE BROKER’S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.

NJ Residents: Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable, or inapplicable in New Jersey.

OH Residents:

The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.

TX Residents:

For questions or complaints about personal loans, contact Impruvu, LLC at [Insert Number for Impruvu] or info@impruvu.io. If a complaint or question cannot be resolved by contacting Impruvu, LLC, consumers can contact the OCCC to file a complaint or ask a general credit-related question. 

OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610. 

Website: occc.texas.gov. 

E-mail: consumer.complaints@occc.texas.gov

Complaints or questions relating to a credit card surcharge may be sent to the Consumer Protection Division of the Office of the Attorney General of Texas at:

Office of the Attorney General

Consumer Protection Division

PO Box 12548

Austin, TX 78711-2548

1-800-621-0508

UT Residents:

As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

WA Residents:

Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law.

WI Residents:

NOTICE TO CUSTOMER: 

1. DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES. 
2. YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN; AND
3. YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE.

No provision of a marital property agreement, a unilateral statement, or a court decree adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

For questions or comments regarding these Disclaimers, please contacts us at:

info@impruvu.io; or at

www.impruvu.io

Last Updated: Jun 22, 2023