Last updated September 28, 2021
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Those who access the Site from locations outside California do so on their own initiative and are solely responsible for compliance with applicable local laws. Any claim relating to the Site or use of the Site or the Services will be governed by and interpreted in accordance with the laws of the State of California, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in California. You hereby agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. If any term or provision of this legal notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this legal notice shall be interpreted as if such term or provision had never been contained in this legal notice.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
IPA (“Installment Payment Agreement”) or similar instruments originated by Vartana may not be available in all states. You represent and warrant that you are eligible to use the Services.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
When you provide information to Vartana or in connection with the Vartana Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information and contact information up to date and accurate, and to promptly notify us of any changes to such information.
If you use the Vartana Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
You are responsible for maintaining the secrecy of the login credentials to your Vartana account and any other access credentials you may use to access your Vartana account (e.g., the password to your mobile device you use to access a Vartana App). You must notify us immediately if you believe your login credentials or the security of your Vartana account has been compromised or stolen. You are responsible for any activity taken on your Vartana account using your login credentials, except as expressly provided by applicable law. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Vartana account and to any third party account you have used to login to your Vartana account. You are also responsible for maintaining the accuracy of the information in your Vartana account.
Vartana may close your account if you do not log in to your account or use the Vartana Services for two or more years. Vartana will retain your information in accordance with the section above.
Buy with Vartana: When you buy with Vartana you may be offered an IPA with terms as expressed in your agreement. IPAs may be offered by Vartana directly through Vartana's technology platform or through a third-party website. IPA options may vary based on purchase price and vendor and may not be available in all states. Vartana's services allow you to buy goods or services offered by vendors ("Vendors") for commercial use. If you buy with Vartana (the "Lender"), Lender will pay the Vendor on your behalf in exchange for your promise to repay the same amount plus a finance charge, where applicable.
Your Promise to Pay: Before completing any transaction on your behalf through any Vartana Services, Vartana will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the total payments amount to Lender or its assigns, by asking you to click the button to confirm your financing arrangement.
Finance Charge: IPAs may be subject to a finance charge based on the applicable interest rate. The Lender will always disclose the specific finance charge before you agree to any IPA.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you wish to use our Services, you will need to provide us with certain information, including information about your identity, finances, and business performance. You will also need to create a user ID and a password to protect your account information. With your permission, we may also access your banking information, obtain a credit report, retrieve bank account data, or collect other third party data about you (collectively, the "Personal Information").
Delays in Processing: In some cases, when you buy with Vartana to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Vartana or the vendor and can be cancelled at any time until it is confirmed by Vartana.
Extended Ship Date: If when buying with Vartana, one or more items in your order has an extended ship date, your IPA payment(s), including interest, may be due before the vendor ships the item(s). Please note that you may not receive a rebate of any interest that may have already accrued on an amount that later gets refunded.
Vartana-Originated IPAs: IPA may be offered directly by Vartana. Refer to your payment agreement for details.
Third Party Providers: We may rely on third party providers to assist us in making a Vartana Service available to you. By linking your bank account to a Service, you authorize us and our third party providers to access your financial accounts on your behalf, and to gather information about you. You give us and our third party providers a limited power of attorney, and appoint us and our third party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the Services. You agree to the transfer, storage, and processing of your information by these third party providers in accordance with their respective privacy policies. We have no liability to you for any damages you may suffer as a result of any such third party's actions or inactions or from inaccurate account information.
We are not a credit repair or credit services organization as defined under federal or state law, including any credit repair or credit services organization acts. We do not provide "credit services" or "credit repair" services. We do not advise or assist you with "rebuilding" or "improving" your credit. We make no representation that we will improve or attempt to improve your credit record, history or rating. We do not intend to provide financial, legal or tax advice, and we are not a financial planner, broker or tax advisor. Before making any financial decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You expressly authorize Vartana to obtain credit reports (1) when you apply for an IPA, (2) periodically throughout the term of your IPA (including in the month following the month when you pay off or otherwise satisfy the loan), and (3) from time to time in connection with any other services that we offer or that you may obtain from us.
In each case you expressly authorize us to use such credit report about you, and information derived therefrom, in connection with:
You understand that Vartana may report information about your IPA (such as on-time, late, and missed payments; any defaults; and the fact you paid oﬀ your loan) to credit reporting agencies, and that such information may be reflected in your credit report.
You agree that Vartana may provide you communications about your account and any Vartana Service electronically or through phone calls or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Vartana reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Vartana Service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
You agree that Vartana is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Vartana's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
You understand and agree that Vartana may monitor or record telephone conversations you or anyone acting on your behalf has with Vartana or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Vartana may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Vartana, and Vartana does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Notwithstanding this provision, Vartana's delivery of any Disclosures governed by the Vartana E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
Vartana may offer you a chance to join a waitlist in which you will be notified about future or prospective products. An offer to join a waitlist is not a guarantee that you will be offered or that you will receive the future product. Waitlisted products, when available, may have additional limitations, restrictions, and qualifications and you may not meet those qualifications. Additionally, Vartana reserves the right to change the terms of any future product before it is offered to you. Vartana also reserves the right not to offer one or more future or prospective products at all, without providing any additional notice to you. Waitlisted products may be offered by Vartana or by one of Vartana's partners. A partner may impose additional restrictions on your ability to obtain the product.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Use the Services to purchase:
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Site, our systems and Information provided by our Users. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If a dispute arises between you and Vartana, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Vartana at firstname.lastname@example.org to try resolving your problem directly with us.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE VARTANA SERVICE OR THE WEBSITE.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
In connection with the Vartana Services, Vartana is required by law to provide you with certain disclosures in writing. Without your consent, Vartana is not permitted to provide those disclosures to you online.
ELECTRONIC DELIVERY OF COMMUNICATIONS
By providing your consent as set forth below ("Consent"), you agree to the following:
You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Vartana Services after receiving notice of the change is the reaffirmation of your Consent.
You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us at Vartana, Inc., Attn: Electronic Communications Delivery Policy, 548 Market Street, PMB 59708, San Francisco, CA 94104. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your Consent is effective will not be affected. If you withdraw your Consent, Vartana may close or limit access to your account and the Vartana Services. You agree to pay any amount owed to Vartana and/or the Partner Bank even if you withdraw your Consent and we close or limit access to your account.
RIGHT TO REQUEST AND RECEIVE PAPER COPIES.
You agree that Vartana may modify or change the methods of disclosure described herein, and that Vartana and/or the Partner Bank may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact email@example.com.
YOUR CONSENT TO ELECTRONIC DISCLOSURES
Before using the Vartana Services, you may be asked for your agreement to the Vartana Terms of Service, including this Vartana E-Sign Consent Agreement, by clicking "Create Account." This action constitutes your electronic signature and manifests your Consent and agreement to this Vartana E-Sign Consent Agreement.
If you do not provide your Consent, you may not use the Vartana Services and must discontinue your use of the Vartana Services immediately.
548 Market Street
San Francisco, CA 94104
Phone: (415) 234-3655