Last Modified: 05/09/2016
Birch assists you in attempting to identify the credit cards that will aid in maximizing the rewards that are most desirable to you based on your spending patterns. The Services are not intended to provide legal, tax or financial advice and the information presented on or through the Services is intended solely for informational purposes. We do not warrant the accuracy, completeness or usefulness of this information, and we do not represent or warrant that the credit card that maximizes the rewards that are most desirable to you based on your spending patterns is necessarily the best credit card for your financial situation. Accordingly, any reliance you place on such information is strictly at your own risk. Your financial situation is unique and credit cards carry a variety of terms and conditions which may or may not be appropriate for your financial profile and needs, meaning that the Services may not be appropriate for your financial situation. Before using the Services, you should obtain additional information and advice from a financial advisor or other professional. We disclaim all liability and responsibility arising from any reliance placed on the services by you or any other user of the services, or by anyone who may be informed of any of the content.
Participation in official “beta” trials may impose additional limitations specific to the trial due to technical limitations such as bugs and other errors. Due to the nature of the beta trials you should not rely on the Services or the information presented on or through the Services during any such trial. You acknowledge and agree that the Services may not yield accurate, complete or useful information or otherwise function properly during any beta trial. Accordingly, you acknowledge and agree that your participation in any beta trial and your use of the Services during any such trial is at your own risk.
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Birch and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Services.
To access the Services or some of the resources offered through the Services, you may be required to register for an account and will be asked to provide certain registration details or other information, such as your first name, last name and e-mail address.
In order to provide you full access to and use of the Services, you will be asked to link your Birch account with your accounts at financial institutions and other financial services companies (collectively, “Third Party Providers”) and provide your usernames, passwords and other account information for your current credit and debit online accounts (“Account Information”). Birch makes no effort to review the Account Information for any purpose, including but not limited to verifying its accuracy, completeness, legality or non-infringement. Birch may authenticate, review or analyze your Account Information via third parties for authorization and may request additional information from you in order to integrate your Birch account with Third Party Providers.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to delete or modify the Services, and any service or information we provide on the Services, in our sole discretion, without notice. We will not be liable if for any reason the Services or any part thereof are unavailable at any time or for any period. From time to time, we may restrict access to the Services or portions thereof.
The Services and all contents, features and functionalities, including but not limited to all information, software, user interfaces, computer code, features, functionalities, text, displays, graphics, images, video and audio, and the design, selection and arrangement thereof of the Services, are owned by Birch, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
“Birch”, “Birch Finance” and other Birch graphics, logos, product and service names, designs and slogans are trademarks of Birch or its affiliates or licensors. You must not use such marks without the prior written consent of Birch. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Users may transmit to other users or other persons content to be made available on or through the Services. Any user contribution you provide to the Services will be considered non-confidential and non-proprietary. By providing any user contribution on the Services, you grant Birch and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any user contributions you transmit to the Services, and you, not Birch, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You further understand and acknowledge that Birch is not responsible, or liable to any third party, for the content or accuracy of any user contributions provided by you or any other user of the Services.
We reserve the right, in our sole discretion, to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any content on or through the Services. You waive and hold harmless birch and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
The Services may include content provided by third parties, including materials provided by other users and third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We do not endorse or assume any obligation to monitor or filter any content provided on the Services, and do not assume any obligation to ensure prompt removal of objectionable content. Accordingly, we assume no liability for any action or inaction regarding transmissions or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We may from time to time in our sole discretion develop and provide updates to the Services. Updates may also modify or delete in their entirety certain features and functionality. You agree that Birch has no obligation to provide any updates to the Services or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Services will automatically download and install all available updates; or (b) you may receive notice of or be prompted to download and install available updates.
There is no charge for your use of the Services. However, we may charge fees for your use of the Services in the future. Before you incur any fees, we will notify you of and provide you with an opportunity to review any applicable fees.
The owner of the Services is based in the State of Florida in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Birch is not responsible for your mobile devices or the mobile network(s) which are provided by your mobile network provider under your separate contract(s) with them. Your mobile network provider may charge you for the data services you use to access the Services and Birch shall not be responsible for these data services. Your mobile network provider may also have a fair use policy or other restrictions which apply to your use of the Services. You should contact your mobile network provider to determine what charges apply and in what circumstances. In addition, you should note that your mobile network provider may also charge you “roaming” or other charges if you access the Services outside of the territory in which your mobile device is permitted to operate without incurring such charges.
You may terminate your Birch account by contacting email@example.com.
We reserve the right, in our sole discretion, to:
Suspend or terminate your access to all or any portion of the Services at any time for any or no reason with or without notice.
We cannot and do not guarantee or warrant that any content, material or data that you download or otherwise obtain from or through the Services will be free of viruses or other destructive code. Therefore, you understand and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device equipment, programs, data or other proprietary material due to your use of the services, the content or any services or items available through the services or to your downloading of any content provided on the services, or on any website linked to the services.
Your use of the services, the content and any services or items available through the services is at your own risk. The services, the content and any services or items available through the services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither birch nor any person associated with birch makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the services. Without limiting the foregoing, neither birch nor anyone associated with birch represents or warrants that the services, the content or any services or items available through the services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services or any services or items available through the services will otherwise meet your needs or expectations.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Birch hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for particular purpose, title and non-infringement.
Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
Birch Finance LLC
2360 SW Archer Road, Unit 923
Gainesville, FL 32608