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Terms of Use

Last Modified: 05/09/2016  

Introduction

These Terms of Use are entered into by and between you and Birch Finance, LLC, a Florida limited liability company ("Birch", "we", "us" or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our websites, applications and services including any content, features, functionality and services offered on or through such websites, applications and services (collectively, the "Services").

Please read these Terms of Use carefully before accessing or using the Services. By accessing or using the Services and/or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not agree with these Terms of Use, do not access or use the Services. If you are using or accessing the Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind the company or other entity to these Terms of Use. Reference to "you" and "your" will refer to you individually or the company or other entity, as applicable.

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.

Eligibility

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.

Accessing the services and account security

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.

It is a condition of your use of the Services that (i) all the information you provide to us is correct, current and complete; and (ii) you are an authorized user of the accounts with respect to which you provide Account Information. In the event there are any changes to your Account Information, you agree to promptly update your Birch account. You agree that all information you provide to create an account or otherwise use the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We may also ask you to provide additional information in order to verify your identity.

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.

Use of services

By using the Services and providing your Account Information to us, you expressly authorize us to access your Account Information from Third Party Providers on your behalf as your agent as necessary to provide the Services to you. You grant Birch a limited power of attorney, and you appoint Birch as your true and lawful attorney-in-fact, to (i) access the websites and servers of Third Party Providers for the purposes described herein, and (ii) retrieve and use your Account Information for the purposes described in these Terms of Use, with the full power and authority to do and perform each and every act necessary and appropriate to effect these Terms of Use and the authorization as provided in this section. You acknowledge and agree that when birch accesses and retrieves your account information from third party providers, birch is acting as your agent, and not as the agent, or on behalf of, the third party provider.

Rights

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.

These Terms of Use permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material, except as expressly provided in these Terms of Use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to access and use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Birch. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other 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.

Prohibited uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You represent and warrant that you will not:

  • Use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • Transmit, or procure the sending of, any advertising or promotional material, including but not limited to any junk mail, chain letter, informational announcements or spam or any other similar solicitation.
  • Impersonate or attempt to impersonate Birch, a Birch employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Birch or users of the Services or expose them to liability.
  • Copy, modify, resell, distribute or otherwise transfer any materials on or from the Services.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time.
  • Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof.
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof.
  • Use any robot, spider or other automatic or manual device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, without our prior written consent.
  • Use any device, software or routine that interferes or attempts to interfere with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, servers or networks connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Use the Services to promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

User contributions

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 represent and warrant that: (i) you own or control all rights in and to the user contributions and have the right to grant the license granted above to Birch and our licensees, successors and assigns; and (ii) all of your user contributions do and will comply with these Terms of Use.

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.

Monitoring and Enforcement

We reserve the right, in our sole discretion, to:

  • Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, or could create liability for Birch.
  • Disclose your identity or other information about you to any third party who claims that content provided by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

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.

Updates

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.

You agree to promptly download and install all updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Services and be subject to all terms and conditions of these Terms of Use. 

Privacy Policy

All information we collect or access on the Services is subject to our Privacy Policy. By accessing or using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Fees

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 Services may contain links to other websites or services provided by third parties. These third party services are provided for your convenience only. Birch has no control over the contents of those third party services, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party services, you do so entirely at your own risk and subject to the terms of use and privacy policy, if any, for such third party services.

Geographic Restrictions

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.

Changes to these Terms

We may revise and update these Terms of Use from time to time in our sole discretion. We will post any changes to these Terms of Use on this page. If we make material changes, as determined in our sole discretion, to these Terms of Use, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Services. All changes are effective immediately when we post them.

The date these Terms of Use were last revised is identified at the top of the page. Your continued use of the Services following the posting of revised Terms of Use is deemed to constitute your agreement and acceptance of those changes, so please check these Terms of Use periodically for updates. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you and for periodically visiting these Terms of Use to check for any changes, as they are binding on you.

Mobile Network Changes

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.

Termination

You may terminate your Birch account by contacting team@birchfinance.com.

We reserve the right, in our sole discretion, to:

Suspend or terminate your account, or any part thereof, at any time for any or no reason, including without limitation any violation of these Terms of Use, with or without notice.
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.

Your violation of any of these Terms of Use will result in the termination of your account. You agree that Birch will not be liable to you or any third party for any termination or suspension of your account or your access to or use of the Services.

Upon termination by you or Birch: (a) all rights granted to you under these Terms of Use will also terminate; and (b) you must cease all use of the Services. Termination will not limit any of Birch’s rights or remedies at law or in equity.

Indemnification

You agree to defend, indemnify and hold harmless Birch, its affiliates, licensors and service providers, and its and their respective officers, managers, members, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, of any law or the rights of any third party, or your use of the Services.

Disclaimer of Warranties

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.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will birch, its affiliates and its or their respective licensors, service providers, employees, agents, members, officers, managers or otherwise be liable, under any legal theory, arising out of or in connection with these terms of use, your use of the services, any websites linked to the services, any content on the services or such other websites or any services or items available through the services or such other websites, for any indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, property damage, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise and regardless of whether such damages were foreseeable or birch was advised of the possibility of such damages.

To the fullest extent permitted by applicable law, in no event will the collective liability of birch, its affiliates and its or their respective licensors, service providers, employees, agents, members, officers, managers or otherwise, to any party for damages arising out of or in connection with these terms of use or your use of the services, any websites linked to the services, any content on the services or such other websites or any services or items available through the services or such other websites, regardless of the form of action, whether in contract, tort or otherwise, exceed $10.00.

Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the United States District Court for the Northern District of Florida or in the state courts of the State of Florida in each case located in Alachua County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the services must be commenced within on (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Arbitration

At Birch’s sole discretion, you may be required to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

General

No Assignment. You may not assign, sublicense or otherwise transfer any of your rights under these Terms of Use, and any attempt to do so is void. Birch may freely assign, sublicense or otherwise transfer its rights under these Terms of Use to others without your approval.

Waiver. No waiver of by Birch of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Birch to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement; Headings. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Birch with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. The headings contained in these Terms of Use are not part of these Terms of Use and shall not be consulted in the interpretation or application hereof.

Comments and Concerns

For all other feedback, comments, requests for technical support and other communications relating to these Terms of Use or the Services, please feel free to contact us at:

Birch Finance LLC
2360 SW Archer Road, Unit 923
Gainesville, FL 32608

Email: team@birchfinance.com