Security Finance℠ Mobile App Terms of Use
Last Updated: March 25, 2019
These Security FinanceSM Mobile App Terms of Use and all other legal documents incorporated by reference (collectively, the “Terms” or “Terms of Use”) set forth the legal contract between each end user (“User” or “you” or “your”) and Security Finance Corporation of Spartanburg, including its affiliates, subsidiaries and related companies (collectively, “Security Finance,” “we,” “us” or “our”) with respect to access to and use of our Services (defined below) through the Security FinanceSM Mobile App application and any associated software (collectively, the “App”). Some of our other sites, applications, products, services and tools (“Other Services”) may have additional terms that we provide to you when you use those Other Services.
PLEASE READ CAREFULLY THESE TERMS AND THEIR INCLUDED LINKED INFORMATION, SUCH AS OUR PRIVACY NOTICE AND WEBSITE AND SECURITY FINANCESM MOBILE APP PRIVACY POLICY, WHICH ARE HEREBY INCORPORATED BY REFERENCE, BEFORE YOU DOWNLOAD, INSTALL OR USE THE APP. BY DOWNLOADING, INSTALLING OR USING THE APP, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY NOTICE AND WEBSITE AND SECURITY FINANCESM MOBILE APP PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD AND ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE SERVICES, THE APP, AND/OR THE INTERNET. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, DO NOT DOWNLOAD, INSTALL OR USE THE APP OR IMMEDIATELY UNINSTALL THIS APP AND DISCONTINUE ITS USE. IF YOU ARE USING THE APP ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
I. DEFINITIONS
As used herein, the following capitalized terms not otherwise defined in these Terms shall have the meanings set forth as follows:
“Content” means all data, information, text and other materials appearing on the App or within the Services.
“Customer” means an individual who maintains an existing loan account with Security Finance and successfully downloads and uses the App.
“Feedback” means any information you provide to us about the App or Services, as a comment or evaluation.
“Services” means any and all services, tools, software, developer platform functionalities, mobile applications, and functionalities as may be provided by or on behalf of us through the App from time-to-time.
“User” means “you,” the user of the App and Services, whether you are a visitor (“Visitor”) to the App or a Customer.
II. THE SERVICES AND TOOLS
A. The Services
Security Finance is the developer of the App and the provider of the Services. Customers with Security Finance loan accounts who download and use the App can use the Services to, among other things, view Security Finance loan information, including, without limitation, last payment date and amount, upcoming payment amount and date, refinance amount, remaining loan balance and other applicable loan information. The App also provides Customers with payment notifications and general financial information, such as how to obtain a credit report.
B. Access to Services and Tools
For so long as you agree to these Terms and abide by them, you may use the App and Services. These Terms apply to all Users of the App and/or the Services. Subject to compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, revocable, personal license to download, install and operate any tools, software, scripts, video, data feeds and any other copyrightable content that we may from time-to-time make available via the App (collectively, “Tools”). You understand that if, upon download of any Tool(s), you are prompted to additional terms applicable to such Tool(s) you must review and accept such additional terms before we allow you to proceed with your download. Please read any additional terms carefully.
C. Users
Visitors may have limited abilities to download and use the App in accordance with these Terms, but will not have full access to the Services without first opening a separate loan account with Security Finance. When you first open the App, you will be required to enter certain Security Finance loan account information in order to use the Services functionality the App provides. You are also required to select a password to access the Services.
You are solely responsible for any and all use of the App and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing the App or Services in connection with your Security Finance loan account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that the App is being used in connection with your Security Finance loan account without authorization. You agree not to download and use the App on behalf of an individual other than yourself.
You warrant and represent that any and all information you provide to us as part of your activation of the App’s functionality in connection with your Security Finance loan account is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the App or Services (or any portion thereof) and any license(s) to the Tools.
D. Privacy
In the course or accessing and/or using the App, the Services and/or the Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Notice and Website and Security FinanceSM Mobile App Privacy Policy, which form an integral part of these Terms. If you use the Services, the App and/or the Tools, and/or if you register for any programs or accounts, you are accepting the terms and conditions of our Privacy Notice and Website and Security FinanceSM Mobile App Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Notice and Website and Security FinanceSM Mobile App Privacy Policy, you must discontinue use of the App, the Services and the Tools.
E. Mobile Services/Applications
If you (a) download, install and use the App, (b) download Content from the App via a mobile device, (c) receive and reply to messages from the App, or to access or make posts using text messaging, (d) browse the App from your mobile device and/or (e) access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which we make the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.
The App is independent of any platform on which it is located and with which it is used. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple® and Google® (including Android®) (each, an “Operator”). Your download, installation, access to or use of the App is also bound by the terms and conditions of the applicable Operator. For example, if you use the App from an iPhone, iPod or other Apple device, these Terms incorporate and supplement the Apple, Inc., Terms and Conditions (currently available at http://www.apple.com/legal/itunes/us/terms.html#service), including, without limitation, the Licensed Application End User Agreement therein. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
F. Age Restriction
You affirm that you are at least 18 years of age, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
G. General Restrictions on Use
When using the App and Services, you agree not to: (i) remove or use any Content in any manner that (a) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (b) violates the privacy, publicity, or other rights of third parties; (c) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by Security Finance in its sole discretion; (d) is false or inaccurate; or (e) violates any law, civil or criminal, or violates our policies; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Security Finance; (iii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the App or the Services is compiled or interpreted; (iv) copy, replicate, transcribe or reproduce the ‘look and feel’ of the App, including its features and functionalities; (v) link to, mirror or frame any portion of the App or Services; (vi) use the App or the Services for illegal purposes or for promotion of dangerous activities; (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or received; or (viii) upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships.
You agree not to use the App or the Services to: (i) violate any local, state, national or international law, including, but not limited to intellectual property laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations having the force of law; (ii) stalk, harass or harm another individual; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; (v) interfere with or disrupt the App, the Services or servers or networks connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the App or the Services; (vi) generate unsolicited email advertisements, chain letters, junk mail, spam or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (vii) attempt to gain unauthorized access to the App, other accounts, computer systems, or networks connected to the App through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the App; (viii) upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code or any other technologies that may harm us or the interests, Content or property of Users or limit the functionality of any software, hardware or other equipment; or (ix) circumvent, disable or otherwise interfere with security-related features of the App or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the App or Services or the Content therein.
Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.
III. CONTENT AND OWNERSHIP
A. Content
Content is provided by Security Finance to you AS IS. You may access Content for your information and use solely as intended through the provided functionality of the App and the Services and as permitted under these Terms. You shall not download any Content unless you see a “download,” “stream” or similar button or link displayed by Security Finance on the App or the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Security Finance or the respective licensors of the Content. Security Finance and its licensors reserve all rights not expressly granted in and to the App, the Services and the Content. You understand that when using the App and the Services, you will be exposed to Content from a variety of sources, and that Security Finance is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.
B. Unavailability
You acknowledge that the App and Services may, from time to time, be unavailable (e.g., due to scheduled maintenance or system upgrades), and Security Finance cannot, and does not, guarantee any specific minimum availability of the App or the Services. You hereby expressly permit Security Finance or its authorized contractors and partners to access information regarding your use of the App and your Content in order investigate and diagnose actual or potential defects or other technical problems with the App.
C. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the App and Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the App and Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and App and any updates thereto. Security Finance does not guarantee that the App and Services, or any portion thereof, will function on any particular hardware or devices. In addition, the App and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
D. Ownership of the App
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the App, the Services, the Content, and all tools, and all related intellectual property rights. The App as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the App owned by or licensed to Security Finance or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary methods and systems used to provide the App or the Services (“Our Technology”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the App according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the App or in the Services, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos (“Marks”) of us or other entities. All Marks not owned by Security Finance that appear on the App are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the App or the Services.
E. Use of Third-Party Offerings
You may be able to access websites, content or services provided by third parties through links that are made available on the App. For example, we may permit third parties with related services to link their products and services on the App, and those links may redirect you to the website(s) of the third parties. Additionally, from time to time Security Finance may refer you to one or more of our business partners who make available products or services through their respective websites or by other means. We refer to all such other websites, content, services and products as “Third-Party Offerings.” If you elect to use such Third-Party Offerings, and/or if you elect to ‘click’ on a link or button, you understand that (i) you will be leaving our App and (ii) your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices or their compliance with laws. We do not exercise control over third party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that Security Finance is not responsible for nor will it be liable to you or any third party for your interaction with such third parties.
IV. TERMINATION
These Terms will become effective and binding when you download, install and use the App, when you use the Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the App (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the App or Services. We reserve the right to terminate these Terms and your access to the App and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Services, prohibit access to the App and its Content, services and tools, delay or remove any Content, take technical and legal steps to keep any Users off the App if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. For example, we will terminate a user’s access to the Service if, under appropriate circumstances, the User is determined to be a repeat infringer.
The provisions of this sentence and Sections I, II.D, III (except C and E), V and VI will survive the termination of these Terms.
V. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
A. No Warranties
THE SERVICES, THE APP, THE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SECURITY FINANCE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SECURITY FINANCE DOES NOT WARRANT THAT YOUR USE OF THE APP AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR VIRUS FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT. SECURITY FINANCE IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. SECURITY FINANCE DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE APP; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE APP OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE APP OR THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.
B. Limitation of Liability
USE OF THE SERVICES, THE APP, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL SECURITY FINANCE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES OF ANY TYPE (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) IN CONNECTION WITH THESE TERMS AND THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SECURITY FINANCE WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SECURITY FINANCE TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE APP AND SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND SECURITY FINANCE RELATING TO THE PROVISION OF THE APP, THE SERVICES, AND ANY CONTENT TO YOU, AND SECURITY FINANCE WOULD NOT PROVIDE THE APP, SERVICES OR CONTENT TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR SERVICES OR DELETION OF CONTENT.
C. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Security Finance, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App, Services, Content and/or Tools or services obtained through your use of the App and Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right. This defense and indemnification obligation will survive these Terms and your use of the App, Tools, Content and/or the Services.
VI. OTHER MATTERS
A. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Security Finance without restriction.
B. Electronic Communications
The communications between you and us use electronic means, whether through the App or Services. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
C. Abuse
Please report any problems, offensive content, policy violations and/or abuse to us at 1-866-281-7043 or Consumer Relations, P.O. Box 3146, Spartanburg SC 20304.
D. Modifications to Terms
We may change these Terms from time to time. Any such changes will become effective when posted on the App. If you object to any such changes, your sole recourse will be to cease using the App and the Services. Continued use of the App and/or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.
E. Modifications to Services
We reserve the right to modify the App and/or Services at any time without notice. If you object to any changes to the App or Services, your sole recourse will be to cease using them. Continued use of the App or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the App and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the App or the Services.
F. Disputes
Except as otherwise stated herein, these Terms will be subject to and construed in accordance with the laws of the State of South Carolina, United States of America, excluding its rules regarding conflicts-of-law. You agree that any claim or dispute you may have against Security Finance must be resolved exclusively by a state or federal court located in Spartanburg County in the State of South Carolina, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Spartanburg County, State of South Carolina, for the purpose of litigating all such claims or disputes.
For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that the parties may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, the parties hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen per the procedure below. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
In this Arbitration Agreement, the words “user,” “you” and “your” means each person who has used the App. The words “we” “us” and “our” means Security Finance.
“Claim” means any dispute, claim or controversy between you and us arising out of the use of the App and communications by us or on our behalf to you. However, either party may bring an action in small claims court regarding a Claim.
The use of the App involves interstate commerce and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq. You and we agree that to the extent any provision of state law conflicts with the FAA, the FAA preempts such provision and the FAA shall control. The arbitrator shall apply applicable substantive law consistent with the FAA and any issue concerning whether the App is subject to arbitration shall be determined by the arbitrator.
G. No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
H. General Agreement
If you are located outside the United States of America and choose to provide information, or use the App in connection with your Security Finance loan account, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using this App you acknowledge and accept that your information may be used in and subject to the privacy laws of the United States of America.
You agree to comply with all laws, rules and regulations that apply to your use of the App, the Services and the Tools. These Terms, together with the Privacy Notice and Website and Security FinanceSM Mobile App Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by Security Finance on the App, shall constitute the entire agreement between you and Security Finance concerning the App and Services. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Security Finance’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the App, the Services, the Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.