Terms of Service

Last updated: July 11th, 2022

TERMS AND CONDITIONS OF USE

BY ACCESSING OUR SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR SERVICES AND MUST DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

These Terms and Conditions “Terms” define the relationship between Stretch Finance Corporation, a Delaware Corporation doing business as Stretch Finance Corporation (“Stretch” or “we” or “us”), and you, the person (“customer,” “you” or “your”) registering for or using our “Services”, defined as any products or services offered on the Stretch website and its affiliated pages (the “Site”) and/or on the web and mobile applications (the “Apps”). We reserve the right, at our sole discretion, to update or revise these Terms. You agree to accept notice of any changes and you agree to any changes to these Terms by the posting of a modified term of use on this Site. Please check this content regularly for changes or modifications.

Use as Assent

The Services are the property of Stretch. You may use the Services only if you reside in a U.S. state in which the Services are provided, are age 18 or older, can form a binding contract with us, and are not a person prohibited from receiving Services under the laws of the United States or other applicable jurisdiction. If you cannot confirm the foregoing, then you may not agree to these Terms and may not use the Apps or Services. You may use the Services only in compliance with these Terms and all applicable laws and regulations.

While you may use our Site without registering, certain functionalities or areas of the Site require you to register and create login credentials in order to access such portions of the Site. You may not share your login credentials with others. You are solely responsible for authorizing, monitoring, controlling access to, and maintaining the confidentiality of your login credentials, informing us, in writing, of any need to deactivate login credentials due to security, confidentiality, or other concerns, and any charges or damages that may be incurred by use of your login credentials, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your login credentials. 

Continued Use as Assent to Modified Terms

We are always working on new ways to improve our Services. We reserve the right to modify or change our Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services except as provided under applicable law. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue any Services.

Content

The content on this Site, including but not limited to all images, icons, text, videos, music, software, logos, and expressions and ideas, is intellectual property protected by the U.S. and international copyright, trade secret, and trademark laws and corresponding treaty provisions. In addition, the content on this Site is protected by patent, copyright, trade secret, and trademark laws, privacy and publicity laws, and various communication regulations and statutes. You are not allowed to post or transmit to this Site any unlawful, libelous, obscene, threatening, defamatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. Any commercial use of this Site beyond the specified license use, or by written authorization from us, is prohibited. You may print a copy of the information contained on this Site only for your own personal use. The Content may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved, in writing, by Stretch.

Links to Other Sites or Applications

This Site may contain links to sites maintained by third parties. Stretch is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites. Please note that other sites and web pages linked to or from this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions and privacy policies of those sites and web pages when visiting them. 

Disruptions in Service

Access to our Site may from time to time be unavailable, delayed, limited, or slowed due to causes beyond the control of Stretch. This may be caused by a wide variety of reasons outside of the control of Stretch and despite commercially reasonable processes and procedures implemented by Stretch to maintain the Site or the Apps. We make no guarantees as to the availability of the Site.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER STRETCH, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS THEREOF, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE SERVICES OR CONTENT, OR YOUR INABILITY TO ACCESS OR USE ANY OF THE FOREGOING, OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, THE SERVICES, SUBMISSIONS OR THE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS WITH RESPECT TO THE INCIDENT GIVING RISE THE CAUSE OF ACTION. The foregoing limitation applies to the extent permitted by law in the applicable jurisdiction. 

Indemnification

You agree to defend, indemnify and hold Stretch and its affiliates and its and their directors, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms or violation of applicable law, any of your Submissions, your use of or access to the Site, or access by anyone accessing the Site using your account. We reserve the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim. 

Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

Stretch does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Stretch. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

Law

This Site is located in the State of Delaware. These Terms and the relationship between you and Stretch shall be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in Dallas County, Texas, and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Site, the Apps, or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Site, the Apps, or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Consent to SMS Messages

By electronically accepting our "Terms" you authorize Stretch to send text messages to the mobile phone number you have provided to Stretch. You understand that your mobile phone service provider’s standard messaging rates may apply to text messages received from Stretch and you will be responsible for any such charges. To opt-out of receiving text messages, please send “STOP,” “END” or “QUIT” in reply to any text message.