1. Basic Terms
You are responsible for your use of the Services and for any consequences thereof. You will need to register for a Kovo account to access many aspects of our Services. By registering for an account you certify:
* You are 18 years of age or older
* You have a valid U.S. Social Security number
* You are not barred from accessing the Services under the laws of the United States or other applicable jurisdiction
* Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete
* You are only registering an account for yourself
* You will not sell, transfer, or assign your account to anyone else.
2. Changes and Modifications
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Kovo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
4. Usernames & Passwords
You will keep your password and credentials that you use to access the Services confidential and not share it or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your account. We encourage you to use strong or complex passwords for your Kovo account. Kovo cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5. Consent to Conduct Business Electronically
Kovo operates its business solely through the Internet. To the extent permitted by law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all Services (collectively, "Communications") that we may otherwise be required to send or provide you in writing or paper form (e.g., by mail).
Your agreement to this Electronic Communications Consent confirms your ability and consent to receive all Communications electronically, rather than in paper form, and to the use of your electronic signature in our relationship with you. Before doing so, it is important that you: (1) read and understand this Consent; (2) determine that you satisfy the minimum hardware and software requirements set out below; and (3) understand your consent will remain in effect until you withdraw it as provided below.
This section informs you of your rights when receiving electronic Communications from Kovo.
A. Electronic Communications
Communications covered by this Consent include disclosures and communications we provide to you regarding our Services such as: (i) terms and conditions, privacy statements or notices and any changes; (ii) Services disclosures, transaction receipts and confirmations; (iii) account histories; and (iv) customer service communications (such as claims of error communications).
B. Receiving Communications
We may provide Communications to you by email, by text message, or by making them accessible on the Kovo website or mobile website (including via links provided online and in emails). Communications will be provided online and will be viewable using browser software or PDF viewer software. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
C. Hardware and Software Requirements
Hardware and Software Requirements. In order to receive electronic Communications, you must have the following: (1) access to the Internet; (2) access to the email address used to create an account for Kovo; (3) software capable of receiving email through the Internet; (4) supported web browsing software that includes 128-bit encryption. Minimum recommended browser standards are Google Chrome current version, Apple Safari current version, Mozilla Firefox current version, or Microsoft Edge current version. The browser must have cookies enabled; (5) Sufficient storage space to save Communications and/or a printer to print them.
To ensure access and optimal printing of your documents in PDF format, you must have Adobe Reader, a free version is available here.
If you use a spam filter or similar software that blocks or re-routes emails from untrusted senders, we recommend that you add Kovo to your email address book to ensure you receive Communications by email.
D. Additional Mobile Technology Requirements
If you access our Site and Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.
E. How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at email@example.com. If you withdraw this consent to receive Communications, you may no longer be able to use our Services.
F. Request Paper Copies
You may request that we send you a paper copy of Communications via U.S. Mail. To request a paper copy, contact us at firstname.lastname@example.org. You must provide your current U.S. mailing address so we can process this request. Except as prohibited by law, we reserve the right, in our sole discretion, to deny your request.
G. Updating Your Contact Information
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device telephone number by updating your profile on the Kovo website. It is your responsibility to keep your contact information current so that Kovo can communicate with you electronically. You understand and agree that if Kovo sends you a Communication but you do not receive it because your contact information on file is incorrect, the Communication is blocked by your service provider, or you are otherwise unable to receive electronic Communications, Kovo will be deemed to have provided the Communication to you. If we are unable to deliver electronic Communications to you, we may deem your account inactive. You may not be able to use our Services until we receive a valid, working primary email address and/or mobile device telephone number from you.
H. Telephone Communications
Kovo and its agent or representative may leave messages on your answering machine, voice mail, or send messages including SMS text messages. Standard calling and text messaging rates will apply, based on your cellular telephone carrier and service plan. You certify the telephone number that you have provided to us belongs to you and that you are permitted to receive calls or texts and you will promptly notify us if you change your telephone number.
You agree we may contact you in any way including using pre recorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automated texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or via text.
I. Marketing Calls and Texts
We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless you provide us with prior express written consent. If provided, your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it.
Your consent to receive telephone communications is not a condition of obtaining any product or service and may be revoked at any time by email at email@example.com.
6. Social Security Number Protection
We value your trust, and we are committed to the responsible protection of your Social Security number ("SSN"). This applies to any SSN that we collect in the course of our business such as providing your loan and reporting your credit to credit reporting bureaus. We protect the confidentiality, security and integrity of SSNs, including by implementing and maintaining administrative, technical, and physical safeguards to protect against unauthorized access to SSNs. We also limit access to SSNs, including by only granting access to SSNs to our employees who require that information to perform their job-related duties.
7. Kovo Intellectual Property Rights
All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Kovo and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Kovo reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Kovo, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Advertisements and Offers
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Kovo granting you access to and use of the Services, you agree that Kovo, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others. We may share your information with third parties when you use our Site to request a rate, quote, service, approval, or information from those third parties (a “Request”).It is always your choice whether to apply for a product or service offered by our partners.
9. Restrictions on Use of the Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Kovo’s computer systems, or the technical delivery systems of Kovo providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Kovo (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kovo (NOTE: scraping the Services without the prior consent of Kovo is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
10. Termination of Account
The Terms will continue to apply until terminated by either you or Kovo as follows.
You may end your legal agreement with Kovo to use the Services at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. In order to deactivate your account, please contact us at firstname.lastname@example.org. Deactivating your account will not have any effect on any agreements you have entered into with Kovo related to the Services or the amount due payable to Kovo.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.
Nothing in this section shall affect Kovo’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
We are committed to ensuring digital accessibility for people with disabilities. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Support Team at 855-965-5686.
12. Disclaimers, Limitations Of Liability and Indemnity
Please read this section carefully since it limits the liability of Kovo and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Kovo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE KOVO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Kovo Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of other Kovo users; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Kovo Entities or through the Services, will create any warranty not expressly made herein.
B. Links or Connections to Third Party Sites
Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Services”). We do not endorse, control or maintain the Third Party Services, and we are not responsible or liable for any Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Services. You should review all of the relevant terms and conditions associated with Third Party Services, including any privacy policies and terms of service. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KOVO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SHORT NAME ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID KOVO, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE KOVO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Kovo Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) any information you upload to the Services; (3) any representations you make to Kovo; and (3) any activity in which you engage on or through the Services.
13. GENERAL TERMS. Waiver and Severability
The failure of Kovo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Kent County, Delaware, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Kovo related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
B. Entire Agreement
C. Compliance with Laws
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
We may revise these Terms from time to time, the most current version will always be at https://kovocredit.com/legal/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at email@example.com.