Privacy Policy and Terms of Use

Effective Date. Terms of Use shall become effective as of April 20, 2023.

Agreement. This is a legal agreement between you and NOVAFI LLC, a Utah Limited Liability Company (“NOVAFI”), which may be contacted at 795 24th St, Ogden, Utah 84401. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible though the Site and NOVAFI, you become a customer (“Customer”) and agree to, and are bound by, the terms and conditions of this agreement and the NOVAFI Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services.

Bound by Use. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. CUSTOMER use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for CUSTOMER acceptance when you sign up to use such Services or purchase such products. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. CUSTOMER continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.

I. PARTIES.

a. NOVAFI. As used in these Terms, the following words shall have the following meanings. “NOVAFI” includes “NOVAFI, LLC”, “NOVAFI”, “we”, “us” and variations such as “our”. “Service” includes the products, services and software that you order, receive or access as part of CUSTOMER use of NOVAFI’s Sites.

b. CUSTOMER. As used in these Terms, the following words shall have the following meanings. “CUSTOMER” includes “User”, “you”, “your” and variations or reference to “you” and “use”, to include the products, services and software that you order, receive or access as part of CUSTOMER use of NOVAFI’s Sites.

II. RESOLUTION OF DISPUTES. THESE TERMS STATE THAT ANY DISPUTES BETWEEN CUSTOMER AND NOVAFI MUST BE RESOLVED IN BINDING ARBITRATION, THAT CUSTOMER WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF UTAH APPLIES TO ALL INTERACTIONS BETWEEN CUSTOMER AND NOVAFI. CUSTOMER MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION XIV BELOW.

III. SERVICES.

a. Description of Services. NOVAFI engages in several business services (the “Services”) for which a CUSTOMER may use the Site. NOVAFI reserves the right to cancel a portion of any of our Services at any time.

b. Business Advisory Services. NOVAFI contracts with independent Business Financing Advisors (“BFA”) who provide consulting and business support services through their independent industries.

i. NOVAFI may refer to BFA when a CUSTOMER requires Business Advisory Services that are not currently provided by NOVAFI.
ii. NOVAFI is neither liable nor responsible for BFA credentials and Business Advisory Services.
iii. BFA is a business consultant that has at least 5 years of experience owning and operating a profitable business; and/or has at least 5 years of hands-on work experience related to the consulting services they provide.
iv. BFA offers business consulting and services directly through CUSTOMER own entities to businesses, non-profits, and/or governments (“Clients”) at rates negotiated directly with Clients of the BFA.
v. BFA are familiar with current NOVAFI financing options and work non-exclusively with NOVAFI, when needed, to refer Clients to NOVAFI for their financing needs.
vi. BFA stay current on current market trends related to CUSTOMER consulting expertise.
vii. BFA renew required certifications and licensures related to their Business Advisory Services through the appropriate boards, entities, and/or governments (i.e. realtors, CPA, attorneys, etc); and

c. Marketplace Services.

i. NOVAFI matches qualified small business owners with active banks, credit unions, and other lending sources (the “Marketplace Services”). Through personalized matching technology and / or BFA (“Matching Services”), NOVAFI helps business owners to identify the business loan category and specific lender(s) that offer the best opportunity for that business owner to prepare for and acquire a business financing. Once prepared, small business owners are then introduced to the most appropriate lending source via a BFA or Matching Services.

d. Other miscellaneous services

i. NOVAFI may add additional products and services over time, and these Terms of Use shall apply to those additional services.

IV. Use of Site and Service. As a CUSTOMER of the Site or a CUSTOMER registered to use any of the Services (a “Registered CUSTOMER”), you agree to the following:

a. Exclusive Use. CUSTOMER account is to be used only by you and only for CUSTOMER business needs. You may not authorize others to use CUSTOMER account, and you may not assign or otherwise transfer CUSTOMER account to any other person or entity. You acknowledge that NOVAFI is not responsible for third-party access to CUSTOMER account that results from theft or misappropriation of CUSTOMER CUSTOMER name and passwords.

b. Information Submitted. You are solely responsible for and assume all liability regarding (i) the information and content you provide through CUSTOMER use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) CUSTOMER interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and CUSTOMER account will be put on hold.

c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.

d. No Guarantees. NOVAFI may not be able to provide matches for every individual or business seeking to use the Services. NOVAFI makes no guarantees as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services.

e. No False Information. You agree to provide accurate, true, current and complete information. In the event that NOVAFI determines that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, NOVAFI reserves the right to terminate CUSTOMER access to the Services.

f. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.

g. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but CUSTOMERself and/or CUSTOMER business.

V. Intellectual Property Rights.

a. Ownership of Proprietary Information. You hereby acknowledge and agree that NOVAFI is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.

b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any:

i. Confidential information or
ii. Other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.

c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to NOVAFI and its CUSTOMER, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By CUSTOMER voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

VI. Links to Third Party Websites and Dealings with Advertisers and Sponsors.

a. The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of NOVAFI, and NOVAFI is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. NOVAFI provides these links to you as a convenience, and the inclusion of any link does not imply that NOVAFI endorses or accepts any responsibility for the content on such third-party websites. CUSTOMER correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that NOVAFI will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the Site or Services. Please visit our Privacy Policy to learn more about how we use CUSTOMER information.

VII. Disclaimer of Warranty:

a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOVAFI PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOVAFI DOES NOT WARRANT THAT CUSTOMER USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET CUSTOMER REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NOVAFI DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

b. Third party content. Third-Party Content, opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by NOVAFI, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

i. NOVAFI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR
ii. NOVAFI DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN NOVAFI. UNDER NO CIRCUMSTANCES WILL NOVAFI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES OR TRANSMITTED TO OR BY ANY CUSTOMER.

c. Beta Features. From time to time, NOVAFI may offer new “beta” features or tools with which its CUSTOMER may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at NOVAFI’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

VIII. Limitation of Liability.

a. Incidental Damages. In no event will NOVAFI be liable for any incidental, special, consequential, or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if NOVAFI knows or has been advised of the possibility of such damages.

b. Aggregate Liability. Under no circumstances will NOVAFI’s aggregate liability, in any form of action whatsoever in connection with these Terms or the use of the services or site, exceed the price paid by you for CUSTOMER account or subscription, or, if you have not paid NOVAFI for the use of any services, the amount of USD $25.00 or its equivalent.

c. No Liability for non-NOVAFI Actions. To the maximum extent permitted by law, in no event will NOVAFI be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services.

d. Information Verification. NOVAFI and its contractors may use various methods of verifying information that CUSTOMER has provided. However, none of those ways are perfect, and you agree that NOVAFI and its contractors will have no liability to you arising from any incorrectly verified information.

IX. Indemnification. CUSTOMER agrees to indemnify, defend and hold harmless NOVAFI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:

a. CUSTOMER use of or inability to use the Site or Services,

b. Any CUSTOMER postings made by CUSTOMER,

c. CUSTOMER violation of any terms of these Terms or CUSTOMER violation of any rights of a third-party, or

d. CUSTOMER violation of any applicable laws, rules or regulations. NOVAFI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NOVAFI in asserting any available defenses.

X. Dispute Resolution by Binding Arbitration.

a. In the interest of resolving disputes between you and NOVAFI in the most expedient and cost-effective manner, you and NOVAFI agree that either party, at any time, may opt to adjudicate their disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect another CUSTOMER.

b. CUSTOMER further agrees and understands that any and all disputes, whether heard before a court of competent jurisdiction, or an arbitrator, shall be done solely on an individual basis, and that CUSTOMER affirmatively waives CUSTOMER right to participate in a class action to resolve any dispute (as defined below) that CUSTOMER may have with NOVAFI.

c. CUSTOMER understands that by entering into this agreement, CUSTOMER and NOVAFI are each waiving the right to a trial by jury or to participate in a class action:

i. Claims To Be Resolved by Binding Arbitration. You and NOVAFI agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
ii. Exceptions. Notwithstanding Section X(c)(i), you and NOVAFI agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to:
iii. Pursue enforcement actions through applicable federal, state, or local agencies where such actions are available;
iv. Seek injunctive relief in any competent court of law; or
v. To file suit in a court of law to address intellectual property infringement claims.

d. Arbitrator. Any arbitration between you and NOVAFI will be governed by the Commercial Dispute Resolution Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
e. Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to NOVAFI should be addressed to: NOVAFI, LLC, 795 24th St, Ogden, UT 84401 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and NOVAFI do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NOVAFI may commence an arbitration proceeding.
f. Fees. In the event that you commence arbitration in accordance with these Terms, NOVAFI will, at CUSTOMER request, reimburse you for CUSTOMER payment of the arbitration filing fee, unless CUSTOMER claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by NOVAFI should be submitted by mail to the AAA along with
g. CUSTOMER Demand for Arbitration and NOVAFI will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) CUSTOMER asserts in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), CUSTOMER agrees to reimburse NOVAFI for all fees associated with the arbitration paid by NOVAFI on CUSTOMER behalf that CUSTOMER otherwise would be obligated to pay under the AAA’s rules.

i. If CUSTOMER claim is for $10,000 or less, CUSTOMER may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules.
ii. Any in-person arbitration hearings will take place at a location to be agreed upon in Weber County, Utah, United States of America. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

h. No Class Actions. Unless both CUSTOMER and NOVAFI agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

i. CUSTOMER AND NOVAFI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CUSTOMER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING:

i. Opt-Out. CUSTOMER may choose to reject the arbitration agreement contained in this Section X (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section X(e), above.

i. The Opt-Out Notice must contain CUSTOMER name, address (including street address, city, state and zip code), and the CUSTOMER name(s) and email address(es) associated with the NOVAFI account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with NOVAFI.

j. Modifications. If NOVAFI makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, CUSTOMER account with NOVAFI shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.

k. Severability and Enforceability. If an arbitrator or court decides that any part of this Section X is invalid or unenforceable, the other parts of this Section X shall still apply. If the entirety of this Section X is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section XV shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.

XI. Telephone communications and agreement to be contacted:

a. Call Recording and Monitoring. You acknowledge that telephone calls to or from NOVAFI, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording.

b. Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to NOVAFI, including, but not limited to, CUSTOMER name, mailing address, email address, CUSTOMER residential or business telephone number, and/or CUSTOMER mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not CUSTOMER own. If we discover that any information provided in connection with CUSTOMER registration is false or inaccurate, we may suspend or terminate CUSTOMER account at any time. Should any of CUSTOMER contact information change, including ownership of CUSTOMER telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us, by calling us at (801) 810-4342 notifying us in writing by sending such notification via email to privacy@novafi.com.

c. CUSTOMER Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing CUSTOMER telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from NOVAFI, and third-parties acting on its behalf, related to promotions, CUSTOMER account, any application or transaction, and/or CUSTOMER relationship with NOVAFI. You acknowledge that automated calls or text messages may be made to CUSTOMER telephone number(s) even if CUSTOMER telephone number(s) is registered on any state or federal Do Not Call list. You agree that NOVAFI may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or CUSTOMER representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from NOVAFI, even if you cancel CUSTOMER account or terminate CUSTOMER relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation. If you do not consent, you may call us at (801) 810-4342 or via email to privacy@novafi.com to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.

d. Opt-Out Instructions. CUSTOMER consents to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming CUSTOMER opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, reply STOP to each shortcode to which you would like to unsubscribe. Alternatively, you may privacy@novafi.com advising that you want to opt out of text messages and specifying the phone number(s) for which that opt-out should apply To opt-out of automated voice calls (not text messages), you must:

i. Provide us with written notice revoking CUSTOMER consent to receiving automated calls;
ii. In that written notice, you must include CUSTOMER full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and
iii. Send this written notice to privacy@novafi.com. It is CUSTOMER sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have CUSTOMER contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of CUSTOMER communication preferences.

e. Fees and Charges. There is no fee to receive automated telephone calls or text messages from NOVAFI. However, you may incur a charge for these calls or text messages from CUSTOMER telephone carrier, which is CUSTOMER sole responsibility. Message and data rates may apply. Check CUSTOMER telephone plan and contact CUSTOMER carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that NOVAFI is not responsible for such charges.

f. Unauthorized Use of CUSTOMER Telephone Device. You must notify NOVAFI immediately of any breach of security or unauthorized use of CUSTOMER telephone device. Although NOVAFI will not be liable for losses caused by any unauthorized use of CUSTOMER telephone device, you may be liable for our losses due to such unauthorized use.

g. CUSTOMER Indemnification to NOVAFI. You agree to indemnify NOVAFI for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to CUSTOMER voluntary provision of a telephone number that is not owned by you and/or CUSTOMER failure to notify us of any changes in CUSTOMER contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at CUSTOMER expense, to defend any such claims.

h. Release of Claims. In consideration of the services provided by NOVAFI, you hereby release NOVAFI from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

i. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. CUSTOMER obligations under this Section will survive termination of these Terms of Service.

j. Text message Terms and Conditions:

i. By “Opting In” to or using a NOVAFI Text Message Service (“SMS Service”), you accept these Terms and Conditions and agree to resolve disputes with NOVAFI through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in Section X entitled “Dispute Resolution by Binding Arbitration; Class Action Waivers” section NOVAFI’s Terms of Use.
ii. By opting In to NOVAFI’s Text Message Service, you authorize and agree to allow NOVAFI to use an autodialer or non-autodialer technology to send text message to the cell phone number associated with CUSTOMER Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number form which you send the Opt-In, or, if none, the number on file for the account associated with CUSTOMER Opt-In). You authorize NOVAFI to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase or service.
iii. You confirm that you are the subscriber to the relevant phone number or that you are the customary CUSTOMER of that number on a family or business plan and that you are authorized to Opt-In.
iv. After Opting-In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm CUSTOMER Opt-In..
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you were unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
vi. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@novafi.com or (801) 810-4342.
vii. Carriers are not liable for delayed or undelivered messages.
viii. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 15 messages/month. If you have any questions about CUSTOMER text plan or data plan, it is best to contact CUSTOMER wireless provider.
ix. If you have any questions regarding privacy, please read our privacy policy: https://novafi.com/privacy-policy/

XII. General Provisions:

a. Controlling Law and Jurisdiction. You agree that Utah law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Weber County, Utah. You acknowledge and agree that any violation of these Terms may cause NOVAFI irreparable harm, and therefore agree that NOVAFI will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that NOVAFI may have for a breach of these Terms. These Terms, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between you and NOVAFI regarding the use of this Service, superseding any prior agreements between you and NOVAFI related to CUSTOMER use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive termination of CUSTOMER registration to the Service. The failure of NOVAFI to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

XIII. CUSTOMER Information:

a. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit NOVAFI’s Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of NOVAFI’s Privacy Policy.

b. Disclosure by Law. You acknowledge and agree that NOVAFI may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend NOVAFI’s, or a third-party’s, rights or property.

c. Information Security. We work hard to protect NOVAFI and our CUSTOMER from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

i. We encrypt many of our services using industry standard methods.
ii. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
iii. We restrict access to personal information to NOVAFI employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

d. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow NOVAFI to anonymously use the information from you and CUSTOMER experiences through the Services to continue NOVAFI’s research into successful business practices and to improve the Services.

e. License Regarding CUSTOMER Content. You retain all ownership interest in and to the content you provide to the Site or as part of CUSTOMER use of the Services. However, by submitting CUSTOMER content, including CUSTOMER personal and business information, you hereby grant to NOVAFI a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of CUSTOMER content. This license specifically includes the right for NOVAFI to make such content available to other trusted companies, organizations, and/or individuals with whom NOVAFI has a business relationship in order to carry out the performance of the Services. As part of its performance of the Services, NOVAFI may:

i.  Transmit or distribute CUSTOMER information over various public networks and in various forms; and
ii. Make necessary changes to CUSTOMER content in order to perform its obligations.

XIV. Restrictions:

a. You will make all reasonable efforts to make sure any third parties do not: Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau or resell the Services in any manner. Use the Services on behalf of a third party in any manner. Abuse the Services in any manner. Use the Service in violation of any other agreement you may have, including without limitation, the agreement you have with WePay, Paypal, Square, Stripe, Plaid, or any CUSTOMER financial accounts. Create a similar product or service through use of or access to the Service. Use the Service in violation of any law, regulation, or rule. Use the Service to perpetuate or commit a fraud of any kind. Use the Services in any way that is not authorized by NOVAFI. Use the Service for personal bank accounts.

XV. Content.

a. All text, graphics, CUSTOMER interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by NOVAFI and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at CUSTOMER peril and NOVAFI will do all that is lawful to enforce and protect the Content.

XVI. Confidentiality.

a. We will take every reasonable precaution to protect CUSTOMER account and account information, however, we cannot guarantee the security of any information you disclose. This includes CUSTOMER sharing of account information with any third party, including employees, contractors, vendors, suppliers, etc. of CUSTOMER business. You agree and acknowledge that the security of CUSTOMER data is CUSTOMER responsibility.

b. CUSTOMER use of the Services is further governed by our Privacy Policy.

XVII. Notification of Terms of Use Changes.

a. We may update these Terms of Use to reflect changes to our business operations and the methods by which we work with you, including changing vendors, and other policies relevant to our Services. If we make any material changes we will notify you by email (sent to the email address specified in CUSTOMER account) or by means of a notice on this Site. We encourage you to periodically review this page for the latest information on our Terms of Use. When we make changes to these Terms of Use we will revise the revision date at the top of the Terms of Use.

XVIII. Term and Termination.

a. This agreement will become effective upon CUSTOMER acceptance of the Terms by CUSTOMER use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. NOVAFI may terminate CUSTOMER account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. NOVAFI reserves the right to immediately suspend or terminate CUSTOMER access to any of the Services, without notice, for any reason or no reason. We also reserve the right to refuse to remove CUSTOMER account information or data from our Services and any other records at any time to comply with legal and regulatory requirements. In the event CUSTOMER access to any of the Services is suspended due to the breach of these Terms, you agree that all fees then paid to NOVAFI by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate CUSTOMER account by following the steps in the applicable section under “Cancellations.” Sections X and XI shall survive any termination of this Agreement.