SITE TERMS

THESE TERMS GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE.

These terms of use (“Site Terms”) are provided on behalf of Curve US Inc and its affiliates (“Program,” “we,” “us,” “credit card” and “our”). By using www.curve.com/usa, including any pages thereof (the “Website”), you acknowledge that you have read, understand and agree to be bound by these Site Terms, all disclosures, agreements, statements, notices and other documents related to our accounts and the related services offered by the Program, regardless of whether or not you are a registered user (each, a “Service,” and collectively referred to as the “Services”). If you do not wish to be bound by these Site Terms, you should not access or use the Website or Services. If there is any inconsistency between these Site Terms and another agreement you enter into that is applicable to Services offered on the Website, then the other agreement will take precedence as it applies to such Services.

In order to use the Site, you must be:

at least 18 years old, and

a legal resident of the United States.

If you do not satisfy the above restrictions, please do not use the Website or access content from the Website.

Unauthorized use of the Website, including, but not limited to, unauthorized use of Curve US Inc’s Services, or misuse of any information posted on the Website is strictly prohibited. Curve US Inc makes no representation that the Services described on the Website are available in all countries. Your eligibility for particular Services is subject to final determination by the Program.

Credit Inquiries

By accessing the Service, you also authorize Curve and Hatch Bank, to request from one or multiple credit reporting agencies, your credit bureau report.

You are also providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law, for Curve and Hatch Bank to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from consumer credit reporting agencies.

You waive any and all claims against Curve, its contracted third party service partners, agents, and its Lenders and employees for the acts or omissions of these parties with regard to the use or disclosure of such information.

Rights You Grant Curve

In order for you to use the Service and receive responses to submissions you make through the Service, Curve may be required to submit information to Curve lending partners and other third parties on your behalf. You hereby authorize and permit Curve to use information provided by you through the Service (including through our third party service partners), and to submit your information to Curve lending partners as an application for credit.

When you access the Service, submit information, accept these Terms of Use, create an account or otherwise register for the Service through Curve you understand and agree that you have established a business relationship between you and Curve.

Offers can be provided to qualified Users by a Curve lending partner. Curve may purchase loans, or portion of loans, from Curve lending partners. You will receive notification if and when the loan is sold.

Changes and Modifications

We reserve the right in our sole discretion for any reason to temporarily or permanently modify or discontinue the Website or any portion of the Website or modify these Site Terms at any time without notice to you. Changes to these Site Terms will become effective immediately upon the posting thereof, unless prohibited by applicable laws or regulations. Please review these Site Terms from time to time because your continued use of the Website following the posting of changes will constitute your acceptance of the revised Site Terms.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
Overload of system capacities;
Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
Interruption (whether partial or total) of power supplies or other utility of service;
Strike or other stoppage (whether partial or total) of labor;
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Curve US Inc.

Restrictions on Use

You agree to abide by all applicable laws and regulations in your use of the Website and the Services. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not register for an account on behalf of an individual other than yourself or impersonate any other person or entity, or falsely state or otherwise misrepresent your identity, age, or your affiliation with any person or entity. You further agree that you will not use or attempt to use another individual’s account without our authorization.

Intellectual Property

You agree that the Website and all logos and trademarks and service marks and/or trade dress, whether or not registered (collectively, the “Marks”) that are related to our Services are the property of Curve US Inc. or one of our licensors. You may not copy, imitate, or use the Marks without our prior written consent. In addition, the copyright in all page headers, custom graphics, button icons and scripts, web pages and the information and material contained therein are owned by the Program unless otherwise indicated. You may not copy, imitate, or use any of them without our prior written consent.

Security

Curve uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA Notice

Since we respect artist and content owner rights, it is Curve’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Curve’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Curve to contact you, such as your address, telephone number, and, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

Curve, USA

Address: 175 Pearl Street, ste 309, Brooklyn, NY 11201

Telephone: 855-501-2350

Email: support-us@imaginecurve.com

Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying Curve and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Curve’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws

Rewards

Curve may offer a ‘rewards program’ as a part of offers to Users. The terms and conditions of Curve rewards programs will differ according to each reward. It is the responsibility of each User to familiarize themselves with the terms and conditions of each reward, which can typically be found linked to a reward offer.

No Warranties; Disclaimers; Limitation on Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” “AS AVAILABLE”. CURVE US INC ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. CURVE US INC. DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, CURVE US INC WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL CURVE US INC BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CURVE US INC.’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

CURVE US INC. AND IT’S AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, CURVE US INC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CURVE US INC AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING CURVE US INC’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES CURVE US INC BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER CURVE US INC HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Indemnification

You agree to indemnify, defend, and hold harmless Program, its affiliates, partners, officers, employees, agents, representatives, suppliers, and content and service providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Site Terms or any activity, including negligent or wrongful conduct, by you in connection with your use of this Website or the Services. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing, or delivering the Website or Services reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without the prior written consent of the Program and any such third party.

Acceptable Use

You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:

Uses technology or other means not authorized by us to access the Site Information or our systems;
Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access, or otherwise gather any Site Information or our systems, (b) reproduces or circumvents the navigational structure or presentation of the Site, or (c) otherwise harvests or collects information about users of the Site;
Reverse engineers, decompiles, or disassembles any portion of the Site, except where such restriction is expressly permitted by applicable law;
Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
Attempts to gain unauthorized access to our computer network or user accounts;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
Is unlawful, fraudulent, or deceptive;
Attempts to damage, disable, overburden, or impair our servers or networks;
Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes, or otherwise exploits any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent;
Fails to comply with applicable third-party terms; or
Otherwise violates these Terms.

Termination

Subject to applicable law and the terms of any Services, we reserve the right, in our reasonable discretion, to terminate your license, your use of the Website, your user account, or any Service provided to you and to assert our legal rights with respect to content or use of the Website that we reasonably believe is, or might be, in violation of these terms or the terms of any Service.

Enforceability and Governing Law

In the event any of the terms or provisions of these Site Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Site Terms shall be subject to any other agreements you have entered into with Curve US Inc. The user’s access to and use of the curve.com/usa Website, and the terms of this disclaimer are governed by the laws of the State of California.

This Agreement, together with any amendments and any additional agreements you may enter into with Curve in connection with the Service, shall constitute the entire agreement between you and Curve concerning the Service and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Curve with respect to the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Curve’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact Curve US at 855-501-2350 or at support-us@curve.com if you have questions regarding this Website or these Site Term.

Rev. August 2021