LAST UPDATED: September 18, 2023

Application Disclosures

Payment options through Cherry Technologies Inc. are issued by our lending partners.

In some cases applicants must have a valid bank account at a U.S. Bank to complete the pre-qualification process. Cherry may ask you to link your bank account information to our partner Plaid to help us decide what you qualify for. Cherry and the merchant never receive your bank login information.

By providing the merchant with your verification code, you agree to receive text messages from Cherry Technologies for 2-factor authentication and application notifications. You further acknowledge that you have read and agree to the USA PATRIOT Act Notice as well as Cherry’s Privacy Policy and Terms of Service.

Loans are made by Cherry’s lending partners. See Terms of Service.

You understand that by providing your verification code to the merchant, you are providing ‘written instructions’ under the Fair Credit Reporting Act authorizing Cherry Technologies, Inc., as agent for the merchant, to obtain credit bureau reports from your personal credit profile and any other information about you solely to prequalify for an installment loan. You further agree to the Cherry E-Sign Disclosures and Consent.

Last Updated: January 24, 2024

Cherry Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY. THIS POLICY DESCRIBES THE WAYS Cherry Technologies Inc. and its subsidiaries (“Cherry”, “we”, “us”, “our”) AND OUR VENDORS COLLECT, PROTECT, USE AND STORE YOUR PERSONAL INFORMATION. YOU ACCEPT THIS PRIVACY POLICY BY USING OUR PRODUCTS AND SERVICES ON OUR WEBSITE OR THROUGH ANY OTHER MEANS (COLLECTIVELY THE “SERVICES”). We may amend this Privacy Policy at any time by posting a revised version on our website. We will attempt to give a reasonable notice period upon making any changes; however, unless otherwise stated, the revised version will be effective at the time we post it.

1. How Cherry collects your information

1.1. Information you give Cherry

If you open an account or use the Cherry Services, either directly or through a merchant partner or a third-party platform, we may collect the following types of information:

Personal information – your name, date of birth, Social Security number, address, phone, email, third-party application IDs, and other similar information.
Financial information – bank account online login information, bank account numbers, bank account details including transaction history, routing numbers and/or debit card numbers and credit card numbers that you link to your Cherry account or you give us when you use the Services. Before permitting you to use the Services, we may require you to provide certain information, including but not limited to your date of birth, social security number. We may use this information or other information you provide to verify your identity.

1.2. Information Cherry learns from your Use

When you visit the Cherry website or use the Services, we may collect information sent to us by your computer, mobile phone or any other device. This information may include your IP address, device information including but not limited to identifier, name and type, operating system, location, mobile network information and standard web log information, such as your browser type, traffic to and from our site, the pages you accessed on our website, and any other available information. We may also collect information about your use and interaction with our website, application or the Services. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity that may affect the availability of the Services. When you use the Services, we may also store information based on your usage history. This includes, but is not limited to, details of your purchases, content you viewed, event information, clickstream information, and cookies that may uniquely identify your browser or your account. We may also collect information about you from any contact you have with any of our services or employees, such as, with our customer support team, in surveys, or through interactions with our affiliates.

1.3. Cookies and other tracking technologies

We use various technologies to collect and store information when you use the Services, and this may include sending one or more cookies or device identifiers. We also use these tracking technologies when you interact with the services we offer to our partners, such as advertising services or Cherry features that may appear on other sites and in any other manner that we deem necessary for our business purposes, such as:

Site operations: Enabling features that are necessary for providing you the Services on our site, such as identifying you as being signed in, tracking content views, remembering your preferences, and the number of times you have been shown an advertisement.
Analytics: Allowing us to understand how our Services are being used, track site performance, and make improvements.
Personalized advertising: Delivering tailored advertising based on your preferences or interests across services and devices, and measuring the effectiveness of advertisements.

You can learn more about ad-serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.

Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest- based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. Note that if you delete your cookies, you may also delete your opt-out preferences

1.4. Information obtained from third parties

We may also obtain information about you from third parties such as credit bureaus and identity verification services. If you apply for a loan or line of credit with Cherry, we will obtain consumer reports from consumer reporting agencies related to you at the time of your collection and periodically throughout the term of your loan or line of credit, as well as in connection with the use of any other services that we offer or that you may obtain from us (including financial management services, credit profile tools, and the Cherry marketplace).

You may choose to provide us with access to certain personal information stored by third parties such as social media sites (such as Facebook and Twitter). The information we have access to varies by site and is controlled by your privacy settings on that site and your authorization. By associating an

account managed by a third party with your Cherry account and authorizing Cherry to have access to this information, you agree that Cherry may collect, store and use this information in accordance with this Privacy Policy.

2. How Cherry protects your information

2.1. Safety policies

Cherry stores and processes your information maintaining physical, electronic and procedural safeguards. We maintain physical security measures to guard against unauthorized access to systems and use safeguards such as firewalls and data encryption. We enforce physical access controls to our buildings,

and we authorize access to personal information only for those employees or agents who require it to fulfill the responsibilities of their jobs.

3. How Cherry uses your information

3.1. To improve our service

Cherry uses information to perform and improve our services, contact you, conduct research, and provide anonymous reporting for clients. For example, we may use information to provide customer service and support, process transactions, resolve disputes, collect payments, prevent illegal activities, customize the Services, reduce risk to all parties involved in our transactions, and verify the accuracy of information.

3.2. To serve relevant marketing to you

We may use information to deliver targeted marketing, service update notices, and promotional offers based on your communication preferences. We may combine your information with information we collect from other companies and use it to improve and personalize the Services, content, and advertising.

3.3 For marketing purposes

We may share any user-submitted testimonial received on a Cherry communication channel including but not limited to Cherry Website, Facebook, Instagram, Twitter, TikTok, and/or Surveys. By creating a Cherry account, you consent to Cherry sharing your testimonials for marketing purposes. You’re able to revoke your consent at any time by emailing [email protected] with your request. If you choose to revoke your consent, we will stop utilizing your testimonial and remove it from all Cherry marketing within 10 days of your request.

4. How Cherry shares your information.

4.1. For our everyday business purposes

We share your personal information with employees, affiliates, vendors, partners, merchant partners, marketing providers, and third parties as required to offer the Cherry Services. This includes, but is not limited to, processing transactions, sharing information regarding loan application status, maintaining your account, offering or servicing loans or lines of credit, offering other financial services, responding to court orders and legal investigations, litigation purposes, complying with audits or other investigations, and reporting to credit bureaus. We also engage the following types of service providers to perform functions on our behalf: marketing providers, billing and collection providers, auditing and accounting firms, professional services consultants, providers of analytics services, security vendors, and IT vendors. Occasionally, these service providers may also collect data directly from you and their privacy policies may also apply. Cherry will not share your financial information collected under Section 1.1 of this Privacy Policy with any third party unless required by law or valid court order.

The consent for sharing of information for everyday business purposes is not for purposes related to employees, affiliates, vendors, partners, merchant partners, marketing providers and third parties necessary for the Cherry Services to contact you.

4.2. When required by law

We will share your information with any party when required by law or by a government request to do so or to combat fraud or criminal activity.

5. What are your options?

5.1 SMS messaging

You can opt out of receiving SMS messages by emailing [email protected] or replying back with “STOP” to our SMS messages. Cherry reserves the right to close or limit access to your account should you opt out of the crucial notices that are required to perform the Cherry Service. You are still responsible for any amounts due to Cherry even if we close or limit access to your account.

5.2 Phone calls

You can opt out of receiving phone calls by emailing [email protected] or by calling us at (888) 839-7171. Cherry reserves the right to close or limit access to your account should you opt out of the crucial notices that are required to perform the Cherry Service. You are still responsible for any amounts due to Cherry even if we close or limit access to your account.

5.3 Automatic telephone dialing system

You can opt out of receiving pre-recorded messages from our automatic telephone dialing system by emailing [email protected] or by calling us at (888) 839-7171. Cherry reserves the right to close or limit access to your account should you opt out of the crucial notices that are required to perform the Cherry Service. You are still responsible for any amounts due to Cherry even if we close or limit access to your account.

5.4 Access your information

You can review and edit your personal information at any time by logging in to your account or by contacting us at [email protected]. You can also request to close your account if you do not have an active loan by contacting us at [email protected]. If you close your Cherry account, we will mark your account in our database as “Closed,” but will keep your account information in our database to comply with our legal obligations. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account.

6. Retention of your information

Cherry will retain your personal information for as long as is necessary to complete the purposes for which it was collected, or as may be required by law. California law requires us to provide information regarding the criteria we use to determine the length of time for which we retain personal information.

We utilize the following criteria to determine the length of time for which we retain information:

The business purposes for which the information is used, and the length of time for which the information is required to achieve those purposes;
Whether we are required to retain the information type in order to comply with legal obligations or contractual commitments, to defend against potential legal claims, or as otherwise necessary to investigate theft or other activities potentially in violation of Cherry’s policies and procedures applicable to you or against the law, to ensure a secure online environment, or to protect health and safety;
The privacy impact of ongoing retention on the consumer;
The manner in which information is maintained and flows through our systems, and how best to manage the lifecycle of information in light of the volume and complexity of the systems in our infrastructure; and
To comply with Federal Record Retention Requirements.

Individual pieces of personal information such as those listed above may exist in different systems that are used for different business or legal purposes. A different maximum retention period may apply to each use case of the information. Certain individual pieces of information may also be stored in combination with other individual pieces of information, and the maximum retention period may be determined by the purpose for which that information set is used.

7. California consumers

7.1 Your California privacy rights

Persons with disabilities may obtain this notice in alternative format upon request by contacting us at [email protected] or by calling Customer Support at (855) 423-3729.

California Shine the Light: Residents of the State of California have the right to request information from Cherry regarding other companies to whom the company has disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please email [email protected].

California Consumer Privacy Act: The California Consumer Privacy Act (“CCPA”) (as amended by the California Privacy Rights Act) provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of “Personal Information” (PI), as well as the right to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (e.g., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.

To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.

Right to notice at collection regarding the categories of personal information collected

You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. This notice should be provided at or before the time of collection. The categories we use to describe the information are those enumerated in the CCPA.

Personal identifiers:

○ We collect your name, phone number, email address and contact address when you create an account or complete a transaction. If you choose to create an account, you will also be asked to create a username, and we will assign one or more unique identifiers to your profile. We use this information to provide the Services, respond to your requests, and send information and advertisements to you.

Source: Collected directly from you.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers.
Retention Considerations: See Section 6.

○ We collect payment information when you provide it to us, which may be your credit card number, or a bank account, when you complete a transaction. This information is automatically stored in your account for future use. You have the option to set up a recurring transaction. We use this information to streamline and facilitate payments and transactions.

Source: Collected directly from you.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers.
Retention Considerations: See Section 6.

○ We may collect your Social Security number and/or Driver’s License number. We use this information to identify you, authenticate and collate information about you, prevent fraud, and conduct background checks or other screening activities.

Source: Collected directly from you.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers.
Retention Considerations: See Section 6.

○ We collect your IP address automatically when you use our Services. We use this information to identify you, gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and to serve targeted advertisements based on your online activities.

Source: Collected automatically when you use our Services.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers, Merchant partners, and Other third parties listed under Section 4.
Retention Considerations: See Section 6.

○ We collect your Device ID automatically when you use our Services. We use this information to monitor your use, and the effectiveness of our Services, to identify you, and to provide you with targeted information and offers.

Source: Collected automatically when you use our Services.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers, Merchant partners, and Other third parties listed under Section 4.
Retention Considerations: See Section 6.
Protected classifications: We collect your age in order to comply with laws that restrict collection and disclosure of personal information belonging to minors.

Source: Collected directly from you.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers.
Retention Considerations: See Section 6.
Commercial information: When you engage in transactions with us, we create records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies. We use this information to measure the effectiveness of our Services and to provide you with targeted information, advertisements, and offers.

Source: Collected from third parties as described in Section 1 of our Notice.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers, Merchant partners, and Other third parties listed under Section 4.
Retention Considerations: See Section 6.
Biometric information: We collect information about your physiological, biological, and behavioral characteristics. We use this information to verify your identity.

Source: Collected directly from you.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers, Merchant partners, and Other third parties listed under Section 4.
Retention Considerations: See Section 6.
Internet or other electronic network activity information: We collect information about your browsing history, search history, interaction with websites, and applications or advertisements automatically when you utilize our Services. We use this information to gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and to serve targeted advertisements based on your online activities.

Source: Collected automatically when you use our Services.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers, Merchant partners, and Other third parties listed under Section 4.
Retention Considerations: See Section 6.
Geolocation data: As described above, we collect your IP address automatically when you use our Services. We may be able to determine your general location based on your device’s IP address. When you use the Services for the first time, we may ask for your permission to collect your precise location (i.e., your GPS coordinates). If you allow your device to provide us with this information, we use it to make improvements to our products and services, and to provide recommendations and deliver relevant advertising.

Source: Collected from you when you use our Services.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers, Merchant partners, and Other third parties listed under Section 4.
Retention Considerations: See Section 6.
Audio, electronic, visual, or similar information: If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We may collect your photographic or video image, or similar information. We use this information to monitor our customer service, maintain the security of our systems and physical locations, and train employees.

Source: Collected directly from you.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers.
Retention Considerations: See Section 6.
Professional or employment-related information: We collect information about your current employer and your employment history. We use this information to conduct background and other screening activities, and to promote our services to others.

Source: Collected directly from you.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers.
Retention Considerations: See Section 6.
Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We may analyze your actual or likely preferences through a series of computer processes. On some occasions, we may add our observations to your internal profile. We use this information to gauge and develop our marketing activities, measure the appeal and effectiveness of our Services, applications, and tools, and to provide you with targeted information, advertisements, and offers.

Source: Collected directly from you and automatically through your use of our Services.
Categories of Parties to Whom PI is “Sold”: Not sold.
Categories of Parties to Whom PI is “Disclosed”: Service providers, Merchant partners, and Other third parties listed under Section 4.
Retention Considerations: See Section 6.

We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected.

We may share any of the above-listed information with Service Providers, which are companies that we engage for business purposes to conduct activities on our behalf. Service Providers are restricted from using Personal Information for any purpose that is not related to our engagement. The categories of Service Providers with whom we share information and the services they provide are described in this Privacy Policy.

Right to know about personal information collected, disclosed, or sold

You have the right to request that we disclose to you the Personal Information we collect, use, disclose, or sell. In order to process your request to know/access your Personal Information or delete your Personal Information we may ask you to take additional steps to verify your request or identity.

Verification procedures

In order to process your request to know about or delete personal information we collect, disclose, or sell, we must verify your request. We do this by:

Providing personal identifiers we can match against information we may have collected from you previously, and
Asking you to confirm your request using the email address or telephone account stated in the request.

If you have authorized someone else to make requests on your behalf, we will require that you provide notarized statements confirming the identity and authority of that person. Such notarized statements can be obtained by emailing [email protected]

Right to Restrict Use of Sensitive Personal Information

You have the right to request that we restrict our use of certain pieces of personal information that are considered sensitive under California law—such as information about your race, ethnicity, religion, and philosophical beliefs, financial information to the extent such would enable access to your account, biometric information, and health information.

Right to Correct/Rectify Inaccurate Information

You have the right to correct inaccurate Personal Information that we hold about you under certain circumstances. We may need to verify the validity and scope of the request as well as the scope and purpose of maintaining it. If you are a Cherry account holder, you may modify certain Personal Information by logging into your account or by calling us at (888) 839-7171.

Right to know/access information

You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request.

Right to request deletion of information

You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Right to information regarding participation in data sharing for financial incentives

You have the right to be free from discrimination based on your exercise of your CCPA rights. We may run promotions from time to time wherein we incentivize a consumer to share certain pieces of information with us. Participation in these incentives is voluntary, and you may opt out of the data sharing at any time.

Right to opt out of sale of personal information to third parties

Cherry does not sell Personal Information to third parties.

Please note that your right to opt out does not apply to our sharing of Personal Information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the Personal Information only for that function.

We may also disclose information to other entities when required by law or to protect Cherry or other persons, as described in our Privacy Policy.

How to submit a request

You may submit a request to exercise your rights through the following means:

By visiting www.withcherry.com/privacy, where you can request and download specific pieces of information we have collected. By signing in to your account to submit the request, you will be able to automatically verify your identity, which will result in faster processing of your request.
By calling us at (888) 839-7171.

Authorized agent

You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We require that you and the individual complete notarized affidavits in order to verify the identity of the authorized agent and confirm that you have authorized them to act on your behalf.

8. Nevada residents

8.1 Special information for Nevada residents

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to other companies who will sell or license their information to others. Cherry does not sell the Personal Information of its customers. However, if you are a Nevada resident and would like to make such a request, please email [email protected].

9. Contact Cherry

9.1 Contact Cherry

If you have questions or concerns regarding this Privacy Policy, you should contact us at [email protected].

Cherry Privacy Notice

Facts	What does Cherry Technologies Inc. do with your personal information?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect and share depend on the product or service you have with us. This information can include: Transaction history and account transactions Credit scores and checking account information When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Cherry Technologies Inc. chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information	Does Cherry Technologies Inc. share?	Can you limit this sharing?
For our everyday business purposes– such as to process your transactions, maintain your account(s), offer or service loans or lines of credit, offer other financial services, respond to court orders and legal investigations, or report to credit bureaus	Yes	No
For our marketing purposes– to offer our products and services to you	No	We don’t share
For joint marketing with other financial companies	Yes	No
For our affiliates’ everyday business purposes– information about your transactions and experiences	No	We don’t share
For our affiliates’ everyday business purposes– information about your creditworthiness	No	We don’t share
For our affiliates to market to you	No	We don’t share
For non-affiliates to market to you	No	We don’t share

To Limit Our Sharing

Call: 888-839-7171

Email: [email protected]

Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice, or earlier if you consent or as permitted by law. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.

Questions?

Call 888-839-7171 or email [email protected]

Who we are
Who is providing this notice?	Cherry Technologies Inc. and its subsidiaries
What we do
How does Cherry Technologies Inc. protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Cherry Technologies Inc. collect my personal information?	We collect your personal information, for example, when you: Apply for a loan or open an account Provide account information or pay your bills Use your credit or debit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing?	Federal law gives you the right to limit only: sharing for affiliates’ everyday business purposes information about your creditworthiness affiliates from using your information to market to you sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
Definitions
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies. – Cherry Technologies Inc., shares with its affiliate for some purposes as permitted by applicable law and this Privacy Policy.
Non-affiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies. – Non-affiliates we can share with include our merchant partners, third-party platforms, and marketing service providers.
Joint marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you. – Cherry Technologies Inc. doesn’t jointly market.
Other important information
Special Notice For State Residents For California Residents. We will not share personal information with affiliates or non-affiliates except as permitted by California law, such as to process your transaction or with your consent. For Vermont Residents. We will not share personal information with affiliates or non-affiliates except as permitted by Vermont law, such as to process your transaction or with your consent.

Cross River Bank Privacy Notice

Facts	What does Cross River Bank do with your personal information?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and Account balances Payment history and Transaction history Account transactions and Wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Cross River Bank chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information	Does Cross River Bank share?	Can you limit this sharing?
For our everyday business purposes- such as to process your transactions, maintain your accounts, offer loans or lines of credit, offer other financial services, respond to court orders and legal investigations, or report to credit bureaus	Yes	No
For our marketing purposes- to offer our products and services to you	Yes	No
For joint marketing with other financial companies	Yes	No
For our affiliates’ everyday business purposes- information about your transactions and experiences	No	We don’t share
For our affiliates’ everyday business purposes- information about your creditworthiness	No	We don’t share
For non-affiliates to market to you	No	We don’t share

Questions?

Call toll-free 1-877-55CRB55 or go to www.crossriverbank.com

What we do
How does Cross River Bank protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.
How does Cross River Bank collect my personal information?	We collect your personal information, for example, when you Open an account or Apply for a loan Make deposits or withdrawals from your account or Provide employment information Give us your contact information We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing?	Federal law gives you the right to limit only sharing for affiliates’ everyday business purposes information about your creditworthiness affiliates from using your information to market to you sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
Definitions
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies. – Cross River Bank does not share with our affiliates.
Non-affiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies. – Non-affiliates we share with can include loan finance companies.
Joint marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you. – Our joint marketing partner(s) include loan finance companies.
Other important information
Special Notice For State Residents For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with non-affiliates either for them to market to you or for joint marketing-without your authorization For California Customers. We will not share personal information with non-affiliates either for them to market to you or for joint marketing-without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us. For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with non-affiliates either for them to market to you or for joint marketing-without your authorization. For Vermont Customers. We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Additional information concerning our privacy policies can be found at www.crossriverbank.com or call 1-877-55CRB55.

Lead Bank Privacy Notice

Facts	What does Lead Bank do with your personal information?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and account transactions checking account information and credit history payment history and account balances When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Lead Bank chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information	Does Lead Bank share?	Can you limit this sharing?
For our everyday business purposes– such as to process your transactions, maintain your account(s), offer or service loans or lines of credit, offer other financial services, respond to court orders and legal investigations, or report to credit bureaus	Yes	No
For our marketing purposes– to offer our products and services to you	Yes	No
For joint marketing with other financial companies	Yes	No
For our affiliates’ everyday business purposes– information about your transactions and experiences	No	We don’t share
For our affiliates’ everyday business purposes– information about your creditworthiness	No	We don’t share
For our affiliates to market to you	No	We don’t share
For non-affiliates to market to you	No	We don’t share

Questions?

Call toll-free 1-866-845-9545 or go to www.leadbank.com

California Consumer Privacy Act Compliance – Personal Information Lead Bank does not sell this information	Does Lead Bank collect?	Can you limit this collection?
Real Name; Alias; Signature; Postal Address; Email Address; Online Identifier Internet Protocol Address; Account Name; Social Security Number; Driver’s License Number or State Identification Card Number; Passport Number; Unique Personal Identifier; Credit Card Number; Debit Card Number; Professional or Employment Information; Education Information; Records of Personal Property; Products or Services Purchased, and Obtained, or Considered; Our Website Browsing History; Search History; or Interaction with Our Website; Applications	Yes	No
Other purchasing or Consumer Histories or Tendencies; Biometric Information; Advertisements; Geolocation Data; Audio, Electronic, Visual, Thermal, Olfactory, or similar information; and Inferences Drawn from any information collected.	No	N/A

Who we are
Who is providing this notice?	Lead Bank
What we do
How does Lead Bank protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.
How does Lead Bank collect my personal information?	We collect your personal information, for example, when you Open an account or Apply for a loan show your government issued ID or use your credit or debit card Provide employment information We also collect your personal information from other companies.
Why can’t I limit all sharing?	Federal law gives you the right to limit only sharing for affiliates’ everyday business purposes–information about your creditworthiness affiliates from using your information to market to you sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing.
Definitions
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies. – Our affiliates include others, such as Luna Parent, Inc.
Non-affiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies. – Lead Bank does not share with non-affiliates so they can market to you.
Joint marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you. – Third Party Financial Service Providers
Other important information
Lead Bank is chartered under the laws of the State of Missouri and is subject to regulatory oversight by the FDIC. Any consumer wishing to file a complaint against Lead Bank should contact the FDIC through one of the following means: In person, by U.S. Mail: 110 Walnut Street; Suite 2100; Kansas City, MO 64106, by Telephone (800) 209-7459, or Online at: https://ask.fdic.gov/FDICCustomerAssistanceForm

Last Updated: November 4, 2024

Cherry Terms of Service

Welcome, and thank you for your interest in Cherry Technologies, Inc. and its subsidiaries (“Cherry,” “we,” or “us”) and our website at withcherry.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Cherry regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CHERRY’S PRIVACY POLICY (TOGETHER, THESE “TERMS”).

If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service.

YOUR USE OF THE SERVICE AND CHERRY’S PROVISION OF THE SERVICE TO YOU CONSTITUTES AN AGREEMENT BY CHERRY AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CHERRY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)

1. Cherry Service Overview.

Cherry provides a platform for consumers looking to learn more about their options in point-of-sale financing. We offer consumers an opportunity to find tailored solutions and financial products based on their current financial position.

2. Eligibility.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration.

3.1 To use the Services of Cherry you must register and sign up for a Cherry Account (“Account”). You confirm that all information submitted by you about you and/or your business is valid at the time of entering into these Terms. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the Services of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. Upon successful sign-up, you will receive a confirmation email to your primary, registered email address. You may open only one (1) Account, unless we explicitly approve the opening of additional Accounts or sub-Accounts. You must ensure that the information recorded on your Account is always accurate and up to date.

Collecting Information About You. Federal law requires Cherry to obtain, verify and record information that identifies each person who opens an account. By using Cherry’s Services, you authorize Cherry, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you. This may require you to take steps to verify your address, date of birth and social security number. Cherry will be verifying your information against third party databases or through other sources. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Cherry Technologies, Inc. or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data. We may also ask you for identifying documents to help us validate your identity. Cherry reserves the right to close, suspend, or limit access to your account in the event we are unable to obtain or verify this information.

SMS Notifications from Cherry. By submitting your phone number, you consent to receiving SMS text messages from Cherry. The purposes of these messages include reminders, transactional information and advertisements at the phone number provided. Message and data rates may apply. Message frequency varies. If you would like to stop receiving text messages from Cherry, please reply “STOP” to any message from Cherry or reach out to our customer service team at (888) 839-7171. It is important to note that replying “STOP” is a blanket opt out from all SMS communications from Cherry, including transactional information. This may impede your ability to make use of Cherry products or services. Cherry is unable to resubscribe customers to SMS messages once they have opted out. If you would like to receive SMS messages from Cherry after unsubscribing, you must locate the most recent SMS message that you received from Cherry and reply back with either START or UNSTOP. Either reply provides affirmative consent for Cherry to contact you via SMS in the future.

3.2 You must choose a reasonably descriptive identification name that – if different from your company name – clearly identifies you or your business and provide your correct contact phone number. The identification name and the contact number may appear on the Cardholder’s credit or debit card statement.

3.3 When you have registered and signed up for an Account and accepted these Terms, we may perform a soft credit check (will not affect your credit) on you and may require you to supply additional documentation in order for us to be able to carry out any necessary checks in accordance with applicable anti-money laundering and anti-terrorism financing laws and regulations as determined by us in our sole discretion. We shall obtain such credit information and make such additional checks and you shall assist us in that regard to the extent necessary.

3.4 The decision whether your identity has been properly verified according to section 2.3 will be entirely at our discretion. Until you have been successfully identified and verified by us, these Terms constitute a preliminary agreement that binds you fully and we reserve the right to terminate or not to start to provide any Services under these Terms at any time during this period.

3.5 Your Account will be registered on one of our servers. We will hold an amount equal to any amounts owed to you by us separated from our own funds, but together with the amounts held on behalf of other Accounts, in a segregated bank.

3.6 Funds owed to you by us will be paid out to a valid bank account designated by you in your Account.

3.7 If there is no activity in your Cherry Account for two (2) years, consecutively, we will be entitled to send a notification to your registered email address and in case you do not respond to our notice within thirty (30) days and state that you want to keep your Account, we reserve the right to automatically close your Account. Your funds will be handled according to applicable law, and if permitted, accrue to Cherry.

4. Licenses

4.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Cherry grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

4.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

4.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Cherry an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

5. Ownership; Proprietary Rights.

The Service is owned and operated by Cherry. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Cherry are protected by intellectual property and other laws. All Materials included in the Service are the property of Cherry or its third party licensors. Except as expressly authorized by Cherry, you may not make use of the Materials. Cherry reserves all rights to the Materials not granted expressly in these Terms.

6. Third Party Terms

6.1 Third Party Services and Linked Websites. Cherry may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that Cherry may transfer that information to the applicable third party service. Third party services are not under Cherry’s control, and, to the fullest extent permitted by law, Cherry is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Cherry’s control, and Cherry is not responsible for their content.

6.2 Third Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third-party licenses.

7. User Content

7.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, images, folders, data, text, and other types of works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

7.2 Limited License Grant to Cherry. By providing User Content to or via the Service, you grant Cherry a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, solely in connection with providing and improving the Service.

7.3 User Content Representations and Warranties. Cherry disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Cherry and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Cherry, the Service, and these Terms;

b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Cherry to violate any law or regulation; and

c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

7.4 User Content Disclaimer. Cherry may at any time and without prior notice, screen, or remove any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Cherry with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Cherry does not permit copyright infringing activities on the Service.

7.5 Monitoring Content. Cherry does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Cherry reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Cherry chooses to monitor the content, Cherry still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

8. Prohibited Conduct.

BY USING THE SERVICE YOU AGREE NOT TO:

a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

c. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

d. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

e. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

f. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; or

g. attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.

9. Cherry Prohibited Medical Services

Practices offering the following medical services are prohibited from using Cherry. By registering with Cherry Technologies, Inc. (collectively “we”, “our”, “us”), you are confirming that your practice does not currently and will not in the future offer or provide the following medical services:

Abortion
Cannabis
CBD consumables (e.g. edibles,tinctures)
Medical Marijuana (consultations/prescriptions)
Schedule 1 Narcotics
Opioids
Ketamine
Voupre

Practices are prohibited from using Cherry to finance the following medical services. By registering with Cherry Technologies, Inc. (collectively “we”, “our”, “us”), you are confirming that you will not use Cherry to finance the following medical services:

Medical weight loss (e.g. semaglutide, medical weight loss, Ozempic, Wegovy, tirzepatide, phentermine)

The medical services listed are representative, but not exhaustive. If you are uncertain as to whether a specific medical service is a Prohibited Medical Service, or have questions about how these requirements apply to you, please contact us at [email protected].

10. Modification of these Terms.

We reserve the right to change these Terms on a going-forward basis at any time[ upon 7 days’ notice]. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will take reasonable steps to notify you of the modified Terms. Material modifications are effective upon notice of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

11. Term, Termination, and Modification of the Service

11.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.

11.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Cherry may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at [email protected]

11.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Cherry any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.3, 5, 11.3, 12, 13, 14, 15 and 16 will survive.

11.4 Modification of the Service. Cherry reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Cherry will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

12. Indemnity.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Cherry and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Cherry”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CHERRY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CHERRY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CHERRY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CHERRY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CHERRY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Cherry does not disclaim any warranty or other rights that Cherry is prohibited from disclaiming under applicable law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CHERRY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CHERRY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 15.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CHERRY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CHERRY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Dispute Resolution and Arbitration

15.1 Generally. In the interest of resolving disputes between you and Cherry in the most expedient and cost-effective manner, and except as described in Section 15.2, you and Cherry agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CHERRY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2 Exceptions. Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

15.3 Arbitrator. Any arbitration between you and Cherry will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Cherry. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

15.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Cherry’s address for Notice is: Cherry Technologies, Inc., 2 Embarcadero Center, 8th Floor, San Francisco, CA 94111. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Cherry may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Cherry must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Cherry in settlement of the dispute prior to the award, Cherry will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) [$10,000].

15.5 Fees. If you commence arbitration in accordance with these Terms, Cherry will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Mateo County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Cherry for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must 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.

15.6 No Class Actions. YOU AND CHERRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cherry 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.

15.7 Modifications to this Arbitration Provision. If Cherry makes any future change to this arbitration provision, other than a change to Cherry’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Cherry’s address for Notice of Arbitration, in which case your account with Cherry will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

15.8 Enforceability. If Section 15.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms.

16. Miscellaneous

16.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Cherry regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Cherry submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

16.3 Privacy Policy. Please read the Cherry Privacy Policy carefully for information relating to our collection, use, storage, the disclosure of your personal information. The Cherry Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.5 Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.6 Electronic Funds Transfer Disclosure. You authorize Cherry Technologies Inc (“Cherry”) to make electronic charges from the credit card, debit card or account you have provided. You understand that these charges or debits will occur on the designated periodic transaction dates in the amount of your scheduled payment amount, including any applicable fees. You understand that if you miss any payment(s), subsequent charges or debits may incorporate the amount of the missed payment(s), in addition to the amount of the regularly scheduled payment amount then due. If the payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. For debits to your checking/savings account, you understand that because these are electronic transactions, these funds may be withdrawn from your account as soon as the above noted periodic transaction dates. You also authorize Cherry to make electronic reversals or credits to your credit card’s account or your debit card’s bank account, as applicable, in the event of an erroneous charge or debit.

Your authorization continues until your subscription expires or until you revoke your authorization. This authorization will remain in effect while using Cherry or if you otherwise revoke this authorization by notifying [email protected] It may take as long as 10 days for Cherry to complete your request, so any automatic charge or debit transaction scheduled before that time may be processed. If you revoke your authorization, you must establish an alternative way to pay your monthly payment.

You are responsible for fees resulting from unsuccessful payment attempts. If Cherry charges your credit card, debit card or account and there is a resulting payment decline, there are insufficient funds to cover the amount due, or the payment attempt is otherwise unsuccessful, then Cherry may reinitiate attempt(s) to pull the funds from your credit card, debit or account; you understand that you are responsible for any fees you may incur as a result of any initial or subsequent attempt(s).

You certify that you are an authorized user of the credit card, debit or account and will not dispute the scheduled transactions with your bank or card company; so long as the transactions correspond to the terms agreed to.

16.7 Contact Information. The Service is offered by Cherry Technologies, Inc., located at 2 Embarcadero Center, 8th Floor, San Francisco, CA 94111. You may contact us by sending correspondence to that address or by emailing us at [email protected]. You can access a copy of these Terms by clicking here.

16.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

16.9 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

16.10 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Last Updated: January 24, 2024

E-Sign Disclosure and Consent

This E-Sign Disclosure and Consent (“Consent”) applies to all Communications for our products and services offered or accessible through online or electronic communications, including our interactive Web site, e-mail or other means that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.

The words “we”, “us”, and “our” refer to the merchant, Lead Bank, Cross River Bank, and our agent Cherry Technologies, Inc. and its subsidiaries, and our agents, successors, and assignees. The words “you” and “your” mean you, the individual(s) who have established electronic contact with us. As used in this Consent, “Contract” means any Installment Loan Agreement we hold or service on behalf of the merchant from whom you have purchased goods and/or services. “Communication” means any customer agreements; periodic billing statements; disclosures; notices; responses to inquiries, requests or demands; transaction history; privacy policies and all other information related to the Contract, including but not limited to information that we are required by law to provide to you in writing.

1. Scope of Communications to Be Provided in Electronic Form.

You agree that we may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law, and that we may discontinue sending paper Communication to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:

All legal and regulatory disclosures and communications associated with your Contract, or any application or inquiry you may make with regard to a Contract or a possible Contract. As an example, you may submit a credit Application to us by Web interface or e-mail, and we may choose to send by e-mail legally required notification related to the Contract to you.
Privacy policies and notices.
Periodic billing statements for your Contract, or such other Communications that we may include from time to time as part of the servicing of your Contract.
Notices of actions you must take to keep your Contract in good standing.

2. Method of Providing Communications to You in Electronic Form.

All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication.

3. How to Withdraw Consent.

You may withdraw your consent to receive Communications in electronic form by:

Calling us at 888-839-7171; or
Contacting us at an e-mail address or an on-line portal that you and we have previously used for Communications; or
Sending us written notice at [email protected].
At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

4. How to Update Your Records.

It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to the Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by calling us at 888-839-7171, or by contacting us at an e-mail address or an on-line portal that you and we have previously used for Communications; or by sending us written notice at [email protected].

5. Hardware and Software Requirements.

In order to access, view, and retain electronic Communications that we make available to you, you must have:

Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
An e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs;
A personal computer (for PC’s: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified below.
Adobe Reader version 8.0 or higher;
The most recent version of Microsoft Edge, Firefox, or Safari.

6. Requesting Paper Copies.

We will not send you a paper copy of any Communication which is available electronically, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call us at 888-839-7171, or contact us at an e-mail address or an on-line portal that you and we have previously used for Communications; or by send us a written request at [email protected]. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

7. Communications in Writing.

All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Consent and any other Communication that is important to you.

8. Federal Law.

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

9. Termination/Changes

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. If we do so, we will provide you with notice of any such termination or change as required by law.

10. Truth-in-Lending Disclosure

You acknowledge and agree that we will not send a physical copy of your Truth-in-Lending Disclosure to you to view and sign. Prior to confirming a contract through Cherry, you have the ability to view, download, and print the Truth-in-Lending Disclosure yourself at the time of checkout. After a contract is confirmed through Cherry, we will send you a link to an interactive Web site (https://patient.withcherry.com) where you can view and obtain a physical copy of your Truth-in-Lending Disclosure by downloading and printing it yourself.

Instructions on how to request a paper copy of your Truth-in-Lending Disclosure from us are outlined in Section 6 of this E-Sign Disclosure and Consent.