Overview for all states not expressly listed below. These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Gnosis Labs, Inc. (including its subsidiaries, affiliates, including Elective, agents, and assigns) ("Elective,""we," "us," "our") regarding (1) your use of this website ("Website"), (2) your use of a third-party website in connection with a product or service offered directly by Elective; and (3) your access to your Elective account information and access to any service through the Website or a Elective App(collectively, the "Elective Service(s)" or "Service(s)").
Overview for residents of Georgia, Indiana, Louisiana, New Mexico, and Rhode Island. This Agreement describes the terms of the retail installment sale contract between you (“you”, “your”, “User”, “Elective User”) and the Elective Merchant, the creditor, who sold you the goods and/or services and the Elective Merchant’s assigns (“we”, “us”, or “our”). We have extended you financing and the right to defer payment for the goods and/or services. You agree to pay us pursuant to the terms of this retail installment contract. You also agree that this retail installment contract will be assigned to Elective once you purchase the goods and/or services.
Changes to this Agreement. Elective may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE ELECTIVE SERVICES AFTER CHANGES HAVE BEEN POSTED. If Elective makes any changes to this Agreement that it deems to be material, Elective will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
Your Eligibility. To be eligible to use the Services, you must be at least the age of majority in the province, territory, or state where you reside. You represent and warrant that you are eligible to use the Services.
The “Buy With Elective” Service. Elective is a payment processing platform designed to allow Users to finance and buy products from merchants today and pay for them later, through a down payment followed by installment payments (“Order”). To start using Elective, you need to open a Elective account.
Your Promise to Pay. Before completing any transaction on your behalf through any Elective Services, Elective will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction.
Your Account. To become a User of the Elective Services, you must create a Elective User Account (“Elective Account” or “your Account”). By opening a Elective Account and accepting the terms as outlined in this Agreement, you attest that you are establishing your account to finance the purchase of goods and services from Elective Merchants.
Account Security and First Time Activation. Elective does not charge to activate an account for the first time. To create a Elective User Account, we require that you provide us with your mobile phone number and prove that you have possession of that device by entering a One Time Password (“OTP”) sent via Short Message Service (“SMS”). BY PROVIDING YOUR MOBILE PHONE NUMBER TO US, YOU PROVIDE YOUR PRIOR EXPRESS CONSENT FOR US AND OUR SERVICE PROVIDERS TO SEND ELECTIVE OTP TEXTS TO YOUR NUMBER USING AN AUTODIALER.
Interest Rates. Rates are fixed at 0% Annual Percentage Rate (“APR”).
Autofill of Information. In order for you to have a more seamless shopping experience while using your payment instrument with another financial institution, we will store some of the information that you provide to us, or that you authorize a third party to provide to us, or that a third party provides to us about you, and use that information to autofill different forms for you during your shopping journey. More detail on how it works is below. While using the Services, we may ask for your personal information and contact details such as name, home address, telephone number, email, debit/credit card details, and billing address for those cards, or you may authorize our service providers to provide us with information about you, such as details about your financial accounts, transactions, and credit history. We will keep this information in our systems so that when you return to us, you will only need to provide basic details in order for us to automatically fill in the remaining fields to complete your transaction. When you shop with a merchant directly, we can autofill your details on the merchant's site. This is enabled when you log in to a Elective App so that we know it is you that is shopping with that merchant.
Credit Report Authorization and Reporting. You expressly authorize Elective to obtain reports from consumer reporting agencies about you (1) when you apply for a payment plan; and (2) periodically throughout the term of your payment plan (including in the month following the month when you pay off or otherwise satisfy the payment plan).
In each case you expressly authorize us to use such consumer report about you, and information derived therefrom, inconnection with:
(i) your payment plan, including determining your eligibility, servicing or maintaining your plan or account, verifying your identity, verifying information you provide to Elective, and for collecting any amount you owe us.
(ii) marketing, including pre-qualifications and other forms of marketing, for payment plans that may be provided by us and any other service we offer, such as financial management tools or the marketplace; and
(iii) our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we may offer through the Elective Services;
You understand that Elective may report information about your payment plan to consumer reporting agencies in accordance with applicable law.
Servicing & Collection. You agree to allow Elective to send you payment reminders from time-to-time. Not withstanding whether you have consented or withdrawn your consent to the Elective E-Sign Consent, you agree that payment reminders may take the form of any available communication, subject to applicable law. You also agree that if you fail to pay an amount owed to Elective pursuant to this Agreement or any other agreement you have with us, Elective may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action.
Communication & Notification. You agree that Elective may provide you communications about your account and any Elective Service electronically or through phone calls or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Elective reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Elective Service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via: (1) a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours), (2) any email address you provide to us or one of our Merchants, (3) automated dialer systems and automatic telephone dialing systems, (4) pre-recorded or artificial voice messages and other forms of communications.
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
You understand and agree that Elective may monitor or record telephone conversations you or anyone acting on your behalf has with Elective or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Elective may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Elective, and Elective does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Not withstanding this provision, Elective’s delivery of any Disclosures governed by the Elective E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
Working with Third Parties. You acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms of Service. Further, you acknowledge and agree that you will not hold Elective responsible for, and will indemnify Elective, its affiliates, directors, officers, employees, agents and representatives from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
Agreement to Provide Accurate Information. When you provide information to Elective or in connection with the Elective Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information and contact information up to date and accurate, and to promptly notify us of any changes to such information.
User Responsible for Fees. If you use the Elective Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
Access to Your Account. You are responsible for maintaining the secrecy of the login credentials to your Elective account and any other access credentials you may use to access your Elective account (e.g. the password to your mobile device you use to access a Elective App). You must notify us immediately if you believe your login credentials or the security of your Elective account has been compromised or stolen. You are responsible for any activity taken on your Elective account using your login credentials, except as expressly provided by applicable law. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Elective account and to any third party account you have used to login to your Elective account. You are also responsible for maintaining the accuracy of the information in your Elective account.
Feedback You Provide. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We own all right, title and interest in and to such feedback, all developments based upon such feedback and all intellectual property in and to the foregoing. You hereby assign and agree to assign to us all right, title and interest it may have in and to such feedback, all developments based upon such feedback and all intellectual property in and to the foregoing. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
By using the Elective Services, you agree that:
You will not use the Services to purchase:
Disputes with Elective. If a dispute arises between you and Elective, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Elective through the Elective Help Center at https://help.elective.com to try resolving your problem directly with us.
Arbitration in Canada. To the extent permitted by applicable law, either party to these Terms of Service may require that any claim or dispute arising out of or relating to these Terms of Service will be determined by final and binding arbitration. The arbitration would be conducted in the province or territory in which you reside at the time you enter in the payment plan agreement.
Mandatory Arbitration in the United States of America. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE ELECTIVE SERVICE OR THE WEBSITE. Unless you are a covered borrower as defined by the Military Lending Act, 10U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Elective Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Elective shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes throughDocument Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, Elective will pay all arbitration fees and expenses. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement asa whole are for an arbitrator and not a court to decide.
CLASS ACTION WAIVER: You and Elective each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Elective and/or you individually.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and Elective each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern. This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A)If the Class Action Waiver is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.
RIGHT TO OPT OUT: If you do not want this Section to apply, you must send Elective a signed notice within 30 calendar days after you agree to be bound by the Agreement as described above. You must send the notice in writing (and not electronically) to Elective, Inc. Attn. "Terms of Service Section 5 Opt Out", 1010 Raymur Avenue, Vancouver, BC V6A3T2.You must provide your name, address, and phone number and state that you"opt out" of Section 5 within the Elective Terms of Service. Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement. If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to thisAgreement and not any other agreement between us.
Operations. Elective operates and controls the Services from its offices in Canada. Elective makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Elective to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into(or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or anyother country to which the United States has embargoed goods; or (ii) to anyoneon the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, ora national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Elective or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Elective) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Elective if, in our sole discretion, you fail to comply with any term or provision of these Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. You may not assign these obligations under the Agreement without Elective’s prior written consent, but Elective may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Elective’s request, you will furnish Elective any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Elective by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Updating Your Information. You agree that Elective is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Elective’s failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as"spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
Enforceability and Governing Law. The failure of Elective to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Elective with regard to your use of the Elective Services and any previous Terms of Service that may exist between you and Elective is hereby superseded. This Agreement cannot be changed or modified by you except as posted on the Services by Elective. Except as provided in Section 5 (Mandatory Arbitration in the United States of America), if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. Except as provided in Section 5 (Mandatory Arbitration in the United States of America) the laws of the Province of British Columbia and federal laws of Canada (as applicable) shall govern your access to, and use of, the Website and Services and the terms of these Terms of Service.
Intellectual Property. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Elective or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
Indemnification. You agree to indemnify, defend and hold Elective and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your useof the Services or any violation of these Terms of Service.
DISCLAIMER OF WARRANTY. ELECTIVE AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. ELECTIVE AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ELECTIVE AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
LIMITATION OF LIABILITY. ELECTIVE AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ELECTIVE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE ELECTIVE AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER ELECTIVE NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OFSUCH PARTY.
Statute of Limitations. You and Elective both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or PrivacyPolicy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third-Party Beneficiaries. This Agreement is between you and Elective. No user has any rights to force Elective to enforce any rights it may have against you or any other user.
Covered Borrowers under the Military Lending Act. Notwithstanding any other provision of this Agreement, Sections 5 (Mandatory Arbitration in the Untied States of America), 6.7 (Limitations of Liability),and 6.8 (Statute of Limitations), and the waiver of defenses provision of Section 6.1 shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.