NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER: PLEASE READ SECTION 11 CAREFULLY.
These Terms & Conditions (“Terms”), including the Privacy Policy and Disclaimer, and any additional terms presented on the Site incorporated by reference, govern your access to and use of the FinanceBuddy website located at financebuddy.com and all related content, features, and services (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you must not access or use the Site.
All references herein to “we,” “us,” and “our” mean FinanceBuddy, d/b/a www.financebuddy.com, including its affiliates, successors, and assigns. All references herein to “you” and “your” refer to any user of this Site and the Service.
1. About FinanceBuddy
FinanceBuddy is an informational website. We publish educational articles and guides about personal loans, debt, cash advance products, and banking.
FinanceBuddy is a publisher of general informational content only. FinanceBuddy is not a lender, bank, broker, loan servicer, debt-relief provider, credit-repair organization, credit-services organization, investment adviser, fiduciary, financial planner, law firm, tax adviser, or other professional adviser. We do not make or arrange loans, accept or transmit credit applications, obtain or review credit reports, make eligibility or underwriting decisions, negotiate with creditors, set rates or terms, or guarantee that any product, provider, or outcome is available or suitable.
Financial products, laws, eligibility requirements, rates, fees, and consumer protections vary by location, and change frequently. Information on the Site may not apply to you, and provider disclosures and agreements control over any summary on the Site. We may receive compensation from advertisers, affiliate partners, or service providers, which may affect whether or where products appear. Compensation does not guarantee approval, favorable terms, or a positive review, and we do not include every available provider or product.
2. Who Can Use the Site
You may use the Site only if you are at least 18 years old, a legal resident of the United States, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Site under applicable law.
3. Using the Site
Subject to these Terms, FinanceBuddy grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for lawful, personal, non-commercial purposes. You may not: violate any law or third-party right; interfere with the Site’s operation, integrity, performance, or security; attempt unauthorized access to the Site or related systems; introduce malware or harmful code; use bots, scrapers, spiders, data-mining tools, artificial intelligence systems, or other automated means to access, monitor, extract, train on, reproduce, or index Site content without our prior written permission; circumvent access controls; impersonate another person or misrepresent an affiliation; use the Site for unsolicited communications; reverse engineer any Site technology; or copy, modify, republish, sell, license, frame, mirror, or commercially exploit the Site or its content. We may monitor use and suspend, restrict, or terminate access at any time, with or without notice, including for suspected violations or to protect the Site, users, or third parties.
4. Not Financial Advice
Our content is general information written for a broad audience. It is not tailored to you and is not financial, legal, tax, credit, or investment advice, an offer for a financial service or product, an offer to lend, or a guarantee of approval, rates, or terms.
You are solely responsible for independently evaluating Site information and any product or course of action. You should consult qualified professionals and review the applicable provider’s current terms before acting. FinanceBuddy is not responsible for decisions, losses, or consequences arising from reliance on Site content, and your use of the Site does not create an advisory, fiduciary, professional, agency, partnership, joint-venture, employment, or customer relationship with FinanceBuddy.
5. Third-Party Sites, Products, and Offers
The Site may display, describe, advertise, or link to third-party websites, products, services, applications, or offers. FinanceBuddy does not control and is not responsible for any third party or for its content, availability, privacy or security practices, eligibility criteria, underwriting, rates, fees, terms, representations, performance, products, services, acts, or omissions. A reference or link does not constitute endorsement or warranty. Your dealings with third parties are solely between you and the third party and are governed by the third party’s agreements and policies. You assume all risk arising from your use of third-party resources and release FinanceBuddy from claims arising from those dealings to the fullest extent permitted by law.
6. Analytics, Cookies, and Privacy
We and our service providers may use analytics tools, cookies, pixels, local storage, and similar technologies to operate, secure, personalize, and measure the Site, subject to applicable law and our Privacy Policy. Information collected may include pages viewed, referral sources, interactions, session activity, device and browser information, identifiers, and approximate location derived from an IP address. You can manage certain technologies through your browser or device settings, but disabling them may affect Site functionality. The Privacy Policy describes our data practices and is incorporated into these Terms.
7. Intellectual Property
The Site and all text, graphics, compilations, databases, software, code, features, logos, trademarks, trade dress, designs, and other content are owned by or licensed to FinanceBuddy and are protected by intellectual-property and other laws. Except for the limited license expressly granted in Section 3, no right, title, or interest is transferred to you. All rights not expressly granted are reserved. You may not remove proprietary notices or use FinanceBuddy names, marks, or branding without prior written permission. Third-party names and marks belong to their owners, and their appearance does not imply endorsement.
If you voluntarily provide ideas, suggestions, corrections, feedback, or other materials about the Site (“Feedback”), you grant FinanceBuddy a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, display, perform, create derivative works from, and otherwise exploit that Feedback for any purpose without restriction, attribution, or compensation. You represent that you have all rights needed to provide the Feedback.
8. Disclaimers and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, INFORMATION, LINKS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AT YOUR SOLE RISK. FINANCEBUDDY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND RESULTS. FINANCEBUDDY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR SUITABLE FOR YOUR NEEDS, OR THAT DEFECTS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, FINANCEBUDDY AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, PARTNERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, SAVINGS, OR BUSINESS OPPORTUNITY; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM THIRD-PARTY CONDUCT, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID FINANCEBUDDY, IF ANY, DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THE AGREEMENT AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
9. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless FinanceBuddy and its affiliates, owners, officers, directors, employees, agents, licensors, advertisers, partners, successors, assigns, and service providers from and against all claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, losses, and costs, including reasonable attorneys’ fees, arising out of or relating to: your access to or use or misuse of the Site; your breach of these Terms; (i) your violation of law or a third-party’s rights; (ii) your communications, or conduct; (iii) or any allegation that information or materials you provided infringe or violate another person’s rights. FinanceBuddy may assume exclusive control of the defense and settlement of any covered matter, at your expense, and you will reasonably cooperate. You may not settle a covered matter without our prior written consent.
10. Changes, Suspension, and Termination
We may modify, suspend, restrict, or discontinue any part of the Site at any time, with or without notice, and without liability, subject to applicable law. We may update these Terms from time to time. If we make a material change, we may provide notice through the Site, by email, or by another reasonable method and will revise the “Last updated” date. Unless otherwise stated, updated Terms are effective when posted and apply prospectively. Continued access to or use of the Site after the effective date constitutes acceptance. Changes to the arbitration provision will not apply to a Dispute of which the parties had actual notice before the change took effect. We may terminate these Terms or your access at any time. Upon termination, your license ends immediately, but provisions that by their nature should survive will survive.
11. Binding Arbitration and Dispute Resolution
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and FinanceBuddy, along with any of its present and future marketing contractors, marketing affiliates, lead buyers, assignees, or other individuals or entities who may contact you in connection with the website or the services provided on the website (the “FinanceBuddy Parties”), and arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held in your county of residence; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive, consequential or exemplary damages against any party; (8) The award rendered by the arbitrator[s] shall be final, non-appealable, and binding on the parties, and may be entered and enforced in any court having jurisdiction, (9) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, FinanceBuddy retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FinanceBuddy retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (10) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. The FAA applies to any disputes over arbitrability or the enforcement of this clause. Any dispute as to arbitrability, including disputes about this Agreement’s enforceability, unconscionability, waiver, validity and applicability must be resolved by the arbitrator in arbitration and not by the court. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE FINANCEBUDDY PARTIES WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. You may opt out of this arbitration agreement by providing notice to us by emailing support@financebuddy.com no later than 30 calendar days from the date you accept these Terms. To opt out, your email notice’s subject line must read: “Arbitration Opt Out” and the body of the email must include your full name and the email address you used when consenting to these Terms. 12. Governing Law and Court Forum
These Terms are governed by the laws of the State of Kansas without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 11. For any Dispute not subject to arbitration, including an Excluded Claim or a Dispute for which you validly opted out, you and FinanceBuddy irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Johnson County, Kansas, and the federal court having jurisdiction over Johnson County, Kansas, and waive objections based on venue or inconvenient forum, except where applicable law does not permit that venue. To the fullest extent permitted by law, any claim must be filed within one year after it arose or it is permanently barred, except where a longer period cannot lawfully be shortened.
13. General
If any provision is unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain effective. These Terms, together with the Privacy Policy, Disclaimer, and any additional terms incorporated by reference, are the entire agreement regarding the Site and supersede prior or contemporaneous communications on that subject. FinanceBuddy’s failure or delay in enforcing a provision is not a waiver. You may not assign or transfer these Terms without our prior written consent; any attempted transfer is void. FinanceBuddy may assign these Terms, in whole or part, without restriction, including in connection with a merger, reorganization, financing, sale of assets, or by operation of law. No third party is a beneficiary. Headings are for convenience only; “including” means “including without limitation”; and electronic records and signatures satisfy writing and signature requirements to the extent permitted by law. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations, indemnification, dispute resolution, governing law, and general provisions.
14. Notices
Except for Dispute Notices and arbitration opt-outs governed by Section 11, notices to FinanceBuddy under these Terms must be sent to support@financebuddy.com. FinanceBuddy may provide notices by posting them on the Site, displaying them during your use, or sending them to an email address associated with your communications with the Site. You consent to receive notices electronically. Electronic notices satisfy any requirement that a communication be in writing, to the extent permitted by law.
15. Contact
Questions about these Terms may be sent to support@financebuddy.com. Formal notices must be delivered as provided in Section 14.