Last Updated: April 14, 2026
PLEASE CAREFULLY REVIEW THESE TERMS OF USE (THE “AGREEMENT”). BY ACCESSING OR USING THE SERVICES, OR BY CLICKING TO AGREE/ACCEPT OR OTHERWISE INDICATING YOUR AGREEMENT TO THIS AGREEMENT, YOU REPRESENT THAT YOU (1) ARE 18 YEARS OF AGE OR OLDER, (2) HAVE THE LEGAL CAPACITY TO ENTER A CONTRACT, AND (3) AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.
This Agreement is a legally binding agreement between you and Converge Financial Technology, Inc. and its affiliates (collectively, “Converge,” “we,” “us,” or “our”) and governs your access to and use of our website and other online services or applications that link to this Agreement (each a “Site” and collectively the “Sites”) and any content, functionality, products and services we may offer on or through the Sites (collectively, the “Services”). By continuing to access and use the Services, you agree that such use is legally sufficient consideration under this Agreement.
IMPORTANT: THIS AGREEMENT INCLUDES A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IT ALSO INCLUDES PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE REVIEW CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them unless some other effective date is expressly stated. Your continued access to and use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. We encourage you to review this page periodically so you are aware of any changes, as they are binding on you.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Services and to any such Organization.
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We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes, such as by posting a banner on the Services indicating that the terms have changed or by sending an email to you. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Services. CONTINUED ACCESS AND USE OF THE SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
In general, you are not obligated to register for an account in order to access the Services. However, certain sections and features of the Services are available only to users who have registered for an account. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree that you are responsible for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security that you become aware of involving or relating to the Services by contacting us as soon as possible using the information in the Contact Information section below. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services and your account, including without limitation, disabling or terminating your account, changing your username, password, or other identifier, or requesting information to authorize transactions on your account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
All content on the Services, including without limitation names, logos, text, designs, graphics, trademarks, trade dress, images, interfaces, code, software, and any other content appearing in or on the Services (collectively, “Content”) are protected intellectual property of, or used with permission or under license by, Converge. Content may be protected under applicable copyright, trademark, patent, and other intellectual property rights. This includes the entire Content of the Services, copyrighted and protected as a collective work. All intellectual property rights associated with the Services and Content, and related goodwill, are proprietary to Converge and/or its licensors. You do not acquire any rights, title, or interest in any Content by accessing or using the Services. Converge reserves all rights to the Services and Content not granted expressly in these Terms. Except as expressly permitted by this Agreement, any copying, redistribution, use or publication by you of any Content or any part of the Services is strictly prohibited. We make no representations, warranties or guarantees, whether express or implied, that any Content is accurate, complete, or up to date.
Subject to your compliance with the terms and conditions set forth in this Agreement, Converge grants you a limited, revocable, non-transferable, nonexclusive right to access and use the Services and Content only for internal business purposes. Your access to and use of the Services is at the sole discretion of Converge who may terminate your access and use at any time.
You may download or print one (1) copy of specific Content made available for downloading or printing for your personal, non-commercial use, subject to your compliance with this Agreement, and may retain the same solely for as long as you continue to be permitted to access the Services. To use Content under this exception, you must (i) keep any copyright, trademark, or other proprietary notices intact; (ii) use such Content pursuant to any licenses associated with such Content; (iii) not copy or post such Content on any networked computer or broadcast it in any media; (iv) make no modifications to any such Content; and (v) make no additional representations or warranties relating to such Content. No right, title, or interest in any Content is granted or transferred to you as a result of any such copying. Except as otherwise expressly authorized herein or in writing by us, you agree not to copy, reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from (in whole or in part), rent, lease, loan, sell or participate in any sale of, or exploit in any way, any of the Content or the Services.
You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.
While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Services or any other party’s use of the Services. In addition, we expect users of the Services to respect the rights and dignity of others. You may not:
We welcome your comments and feedback regarding our products and our services. We do not, however, accept confidential or proprietary information absent another agreement with us where the same is discussed. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Converge using the Services or otherwise (collectively, “Comments”) are not confidential. UNLESS OTHERWISE STATED, PLEASE DO NOT POST, SUBMIT, OR SEND US ANY COMMENTS THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By submitting any Comments to us, you agree that: (i) we are free to use such Comments for any purpose; (ii) such Comments will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us.
Any information, statements, opinions, or other information provided by third parties and made available on the Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Services.
We may provide on the Services, solely as a convenience to users, links to websites, social media pages, or other services operated by other entities. If you click these links, you will leave the Services. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, platforms, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website, platform, or service is authorized to use any of our trademarks, logos, or copyright symbols.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES, SERVICES, AND RESOURCES.
Any personal information that you provide to us is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use personal information.
THE SERVICES AND ALL CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SERVICES OR ANY OTHER WEBSITES LINKED TO OR FROM THE SERVICES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SERVICES IS DONE AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONVERGE, ITS AFFILIATES OR RELATED ENTITIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, VENDORS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “COVERED PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CONVERGE OR THE COVERED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INABILITY TO ACCESS OR USE EQUIPMENT, SOFTWARE OR DATA, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SERVICES OR THE CONTENT, OR BASED ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CONVERGE OR ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ADDITIONALLY, NEITHER CONVERGE NOR THE COVERED PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
IF ANY PART OF THESE LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU OR TO ANY THIRD PARTY IN ANY MANNER, THEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF CONVERGE OR THE COVERED PARTIES EXCEED THE GREATER OF THE ACTUAL TOTAL AMOUNTS YOU PAID TO CONVERGE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Converge and the Covered Parties from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs, or other expenses (including without limitation reasonable attorneys’ fees) arising directly or indirectly from your use of the Services or Content, violation of any provision of this Agreement; or violation of any law or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above disclaimers, limitations, and indemnities may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.
For purposes of this Section 10 (Dispute Resolution), “Converge,” “we,” and “our” shall include Converge and its past, present, and future subsidiaries, parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, representatives, and assigns.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You may choose to be represented by a lawyer in arbitration or proceed without one. This Section 10 shall survive termination of this Agreement.
If you have a Dispute with us, you must send your Notice, including all of the information referenced above, by email or post using the information in the Contact Information section below. If we have a Dispute with you, we will send our Notice, including all of the information referenced above, to you at the most recent contact information we have on file for you.
For a period of thirty (30) days from receipt of a completed Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. If you and we do not reach an agreement to resolve the Dispute within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 (or equivalent in your local jurisdiction’s currency at time of filing) or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
If you are seeking US $10,000 (or equivalent in your local jurisdiction’s currency at time of filing) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If you are seeking more than US $10,000 (or equivalent in your local jurisdiction’s currency at time of filing), the right to a hearing will be determined by the JAMS Rules. Any in-person hearing will be held in Miami, Florida, whether submitted to arbitration or small claims court. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator's decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Reasonable discovery will be allowed during arbitration in accordance with these rules. Judgment on any arbitration award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, damages for lost profits, or other equivalent damages that may be present in your local jurisdiction.
EXCEPT FOR COORDINATED CLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Further, except for Coordinated Claims, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding.
YOU AND CONVERGE HEREBY UNCONDITIONALLY, KNOWINGLY, EXPRESSLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE ITS RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY SUIT, ACTION, DISPUTE OR PROCEEDING, WHETHER BY CLAIM OR COUNTERCLAIM, BROUGHT OR INSTITUTED BY OR AGAINST SUCH PARTY OR IN A REPRESENTATIVE CAPACITY, ARISING OUT OF, CONCERNING OR IN ANY WAY RELATING TO THE USE OF THE SERVICES OR THE AGREEMENT.
If any of the arbitration provisions above, including without limitation those clauses concerning the procedures and obligations related to the agreement to arbitrate Disputes, Coordinated Claims, or Test Case procedures, the class action waiver, or the jury trial waiver are found invalid, then the specific invalid provision will be unenforceable and will be severed, and the remainder of the arbitration provisions will remain in full force. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the Services, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of California, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal arbitration law as set forth above. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Unless you and Converge agree otherwise, to the fullest extent permitted by law, the federal and state courts located in San Francisco, CA will have exclusive jurisdiction over any disputes and claims (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Agreement, including Section 10 (Dispute Resolution) or any of its provisions. You and Converge consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
When you use the Services or send communications to us, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
We reserve the right to enhance, upgrade, improve, modify, suspend or discontinue features of the Services (including any content, products, or services offered on or through the Services) as we deem appropriate and in our discretion. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Services or any Content, products, or services offered on or through the Services.
This Agreement applies exclusively to your access to, and use of, the Services and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs, or otherwise. Additional terms, conditions, and/or policies may apply to use of specific portions of the Services and are included as part of this Agreement, whether they reference this Agreement or not.
This Agreement is in effect from the date that you first access the Services until terminated by you or us. We may terminate this Agreement at any time by notifying you using any contact information we have about you or by posting such notice on the Services. You may terminate this Agreement by giving us written notice using the information in the Contact Information section. Such notice must include your detailed contact information and any account information or other credentials. Upon any such termination, you must immediately cease all use of and access to the Services and destroy all Content obtained from the Services and all copies thereof. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.
In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, acceptable use, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any termination of this Agreement.
The Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR LOCAL JURISDICTION, WHICH IS EIGHTEEN (18) YEARS IN MOST JURISDICTIONS, TO ACCESS AND USE THE SERVICES.
The failure of Converge to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. This Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then (i) such provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent; and (ii) such invalidity or unenforceability will not affect any other provision of this Agreement.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent. The Agreement and any amendment thereto shall be binding on and will inure to the benefit of the parties and their respective successors and permitted assigns.
No party will be liable for any damage, delay, or failure of performance (with the exception of any payment obligations) resulting directly or indirectly from a Force Majeure Event. If a Force Majeure Event occurs, the affected party will notify the other party and take commercially reasonable efforts to mitigate the adverse effects of the Force Majeure Event on its obligations under your Agreement. For purposes of this Agreement, “Force Majeure Event” means: a cause which is beyond a party’s reasonable control, including without limitation, fire, riot, civil disturbance, strike (other than a strike by that party’s employees), embargo, explosion, natural disaster, epidemic, pandemic, act of military authority, act of terrorism, act of God, government requirement or delay, change in law or regulation, disruption or outage of communications, power or Internet infrastructure.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Section 9 (Disclaimer; Limitation of Liability; and Indemnity); (ii) Section 10 (Dispute Resolution); and (iii) Section 11 (Applicable Law) (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 951-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code § 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using the Services, you agree that these California Civil Code § 1542 protections no longer apply to you.
If you have questions about this Agreement, or if you have technical questions about the operation of the Services, please contact us at:
Email: contactus@convergefi.com
Phone Number: (786) 699-2285
Legal notices to Converge must be sent by [mail or email] to:
Converge Financial Technology, Inc.
Attn: Amy Wolff
Address: 131 Continental Drive, Suite 305, Newark, DE 19714
Email: legal@convergefi.com
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