Terms & Conditions
Welcome to RocketFNCL!
Thank you for using our products and services.
Subject to applicable law, we reserve the right, in our sole discretion, to terminate the License, your use of the Site and the App, your Account (defined below) or any Service provided to you (subject to the terms of each Service) and to assert our legal rights with respect to content or use of the Site, the App or Services that we reasonably believe is, or might be, in violation of these Terms or the terms of the App or any Service.
This Site, the App, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site or the App (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by RocketFNCL or third parties, and all right, title and interest therein shall remain the property of RocketFNCL and/or such third parties (collectively, the “Content”).
When you visit the Site, use an App, send emails to us, or communicate with us through an App, you are communicating with us electronically, and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site or through an App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permissible by law.
You agree that we may send emails or App notifications to you for the purpose of advising you of any changes or additions to the Site or the App, changes to any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. By accessing the Site or utilizing the App or our Services you agree to our E-Sign Consent and agree to receive disclosures and other information in electronic form. Please make sure to review the Consent to ESIGN and Electronic Communications below for further information about e-sign of Service documents.
Consent to ESIGN and Electronic Communications
This Electronic Signature Consent (“E-Sign Consent”) constitutes your consent to receive disclosures and other information (“Communications”) in electronic form in compliance with the federal E-Sign Act (15 U.S.C §7001, et. seq.) and applicable state laws. RocketFNCL is required by law to provide you with certain disclosures. RocketFNCL is not permitted to provide those disclosures to you electronically without your consent. We will provide Communications to you by posting them on our Site or App, accessible after you log-in, and/or by emailing them to you at your registered email address. It is your responsibility to keep your registered email address and App up to date so that we can communicate with you electronically.
Consumer E-Sign Consent:
Your E-Sign Consent constitutes your agreement to the terms above and the terms below:
RocketFNCL may provide Disclosures required by law and any other information concerning your legal rights and duties and your Account to you electronically.
RocketFNCLcan send any billing statements, Communications, or Disclosures to you electronically via our Site or App, or to the email address or phone number that you have provided.
RocketFNCL will notify you via e-mail or text or App notifications when Disclosures are available. The e-mail or text or App notification will contain instructions on how to view the Disclosures. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records.
Your electronic signature on agreements and documents has the same effect as if you physically signed the document with a pen.
This consent applies to any transaction undertaken through RocketFNCL in the past, to all future Disclosures and Communications on your Account, to all future transactions, at any time, and to any transaction with us.
You agree that any email address or mobile phone number you provide may be used to provide you with Disclosures and Communications.
You agree to notify RocketFNCL of any changes in your email address or mobile phone number by notifying RocketFNCL either in writing or via email at least five (5) days before the change.
Withdrawing Consent: You are free to withdraw your E-Sign Consent at any time if you choose to. If at any time you wish to withdraw your E-Sign Consent, you can do so by submitting a request through the Site or the App, contacting customer support, or writing to us at the address below. If you decide to withdraw your E-Sign Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures or Communication will not be affected, and your Account will be closed.
Rocket Financial Inc.
21550 Biscayne Blvd., Ste, 400
Aventura FL 33180
To electronically receive, view and save or print the Communications and Disclosures, you must have a device equipped with:
An internet browser - supported internet browsers include Microsoft Internet Explorer 10.0, Google Chrome 10, Firefox 3.6, Safari 10.8.4 or any later version of these programs;
A portable document file (‘pdf’) reader - supported pdf readers include Adobe Reader 6 or later version;
and either a printer, a hard drive or other storage device.
In the event that there is a change in the hardware or software requirements, and you cannot access the Communications and Disclosures as a result of this change, you have the right to withdraw your consent to this policy without the imposition of any condition, consequence, or fee for such withdrawal; and we would then request a new affirmative consent, either by mail or email or through the App.
Your E-Sign Consent means that Disclosures and Communications provided to you electronically shall have the same effect as if provided in paper form. A text message or email or App notification alerting you that Disclosures or Communications are available electronically, provided that the Disclosures or Communications are made available online, shall have the same meaning as if provided them to you in paper form, regardless of whether you actually view them, unless you have withdrawn your E-Sign Consent, as provided above, prior to receiving such Disclosures or Communications.
You agree that RocketFNCL may modify or change the methods of disclosure described herein, and that RocketFNCL may send you Disclosures or Communications in paper form at its option. You may obtain a paper copy of an electronic Disclosure or Communication, provided that such request is made within a reasonable period of time after you first received the electronic Disclosure or Communication, by contacting RocketFNCL at 21550 Biscayne Blvd., Ste. 400, Aventura FL 33180. There may be a fee for you to receive a paper copy of an electronic Disclosure or Communication, subject to applicable law.
You may also withdraw your E-Sign Consent by contacting RocketFNCL in the same manner. If you withdraw your E-Sign Consent, RocketFNCL may elect to terminate its relationship with you. Such termination does not exterminate any obligations you may have to RocketFNCL or one of its affiliates. You also agree that RocketFNCL is not responsible for any delay or failure in your receipt of any text message or email notice or App notification that is not caused by RocketFNCL’s failure to send such a notice to the mobile phone number or email address you have provided for that purpose or through the App.
You have the legal right and authority to enter into agreements, and hold a valid U.S. Tax Identification Number;
You will not use a username, e-mail address or mobile phone number that is already being used by someone else, that infringes the intellectual property or other right of any person or entity, or is offensive;
You will provide true, accurate, current, and complete information about yourself in connection with the registration process;
You are solely responsible for all activities that occur in connection with your Account, password, and username;
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password-protected portion of the Services using your name, username, or password;
You will immediately notify RocketFNCL of any unauthorized use of your Account, password, or username, or any other breach of security; and
You will not sell, transfer, or assign your Account or any rights associated therewith.
All agreements and disclosures that you enter into in connection with the Services will also govern your usage of the Site and the App.ROCKTFNCL
Links to Other Web Sites and Services:
This Site and/or the App contains links to outside services and resources (“Third-Party Content”), the availability and content of which RocketFNCL does not control. Some Third-Party Content may be custom matched based on information provided by you. We are not responsible for examining or evaluating, and we do not warrant the offering of, these businesses or individuals or the content of their web sites or mobile applications. RocketFNCL does not assume any responsibility or liability for the actions, products, or content of these or any other third-parties. RocketFNCL does not guarantee that any service offered by Third-Party Content will be offered to you. RocketFNCL may receive compensation from third-parties for referring you to the third-party or to their website or mobile application. Any services that you obtain through Third-Party Content will be subject to the terms and conditions and privacy policies of the Third-Party Content. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Information and Data Usage:
RocketFNCL may use all or any portion of information and data provided by you or obtained with your consent (“User Content”) for: (i) improvement of services; (ii) the use, distribution or disclosure of Aggregated Data, to the extent permitted by law; and (iii) fraud screening, identity verification, and account information verification. RocketFNCL will also disclose User Content to third parties as outlined in these Terms and Conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROCKTFNCL AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES, SUCCESSORS IN INTEREST, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR THIRD-PARTY PARTNERS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) AND THE SUCCESSORS OR ASSIGNS OF EACH (COLLECTIVELY “AFFILIATES”) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT. ROCKTFNCL AND ITS AFFILIATES DO NOT WARRANT THE DATA, CONTENT, ANALYTICS FEATURES, OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL ROCKTFNCL OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE SERVICES, EVEN IF ROCKTFNCL OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ROCKTFNCL’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, THE APP OR THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, THE APP OR THE SERVICES DURING THE THREE (3) CALENDAR MONTHS PRECEDING YOUR CLAIM.
User Generated Content
You hereby grant RocketFNCL a non-exclusive, transferable, unlimited, worldwide, irrevocable, sub-licensable and royalty-free license to publish, host, copy, distribute, modify, create derivative works from, reproduce, display, perform, transmit, process or otherwise use in any manner whatsoever and in all formats or distribution methods now known or developed hereafter, all or any portion of your User Content for the purposes of providing, optimizing, improving and promoting our Services. You agree this license includes the right to use your name, persona and likeness included in any User Content in connection with delivering the Services, without any obligation or compensation to you.
You agree this license includes the right for RocketFNCL to publish your User Content in a searchable format that may be accessed by other users of the Services.
You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages;
User Content designed to deceive or trick the user of the Services;
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or
User Content that, in the sole judgment of RocketFNCL, is objectionable.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person or entity that opens an account. As a result, under our customer identification program, we must ask for your name, street address (no P.O. boxes), date of birth / formation, tax identification number or other identification number, and other information that will allow us to identify you. We may also ask to see other identifying documents.
You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. If a telephone number you have provided to us changes, or if you cease to be the owner, subscriber or primary user of such telephone number, you agree to immediately give us notice of such facts so that we may update our records. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You agree that we will not be liable to you for any fees, inconvenience, annoyance or loss of privacy in connection with such calls or texts.
As a condition of your use of this Site and the App, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you or attempt to reverse engineer the Site or the App; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any customer or user of this Site or the App; (iii) probe, scan or test the vulnerability of this Site or the App or the RocketFNCLnetwork or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus, worm, Trojan Horse, or other destructive feature to this Site or the App, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (v) send unsolicited mail, email, texts or notifications, including promotions and/or advertising of products and services; or (vi) attempt to use robots, spiders, intelligent agents, software, tools, engines, or other means to navigate or search the Site or the App other than those generally available through third-party web browsers such as Microsoft Explorer or Google Chrome. Violations of system or network security may result in termination of Account and civil or criminal liability.
Notice of Agreements Resolving Disputes and Arbitration:
By using the Site or the App or any of the Services, you agree to be bound by these Agreements Resolving Disputes which includes the Arbitration Agreement (the “Dispute Agreement”), the full text of which are provided to you when you apply for or accept Services, which are hereby incorporated into these Terms and Conditions by reference as if fully set forth at this point. This Agreement provides that all claims arising from or relating to use of the Site, the App or the Services must be resolved by binding arbitration if the person or entity against whom a claim is made elects to arbitrate the claim. Thus, if the person or entity against whom the claim is made elects to arbitrate the claim, then you will not have the following important rights:
You may not file or maintain a lawsuit in any court except a small claims court.
You give up your right to have a jury decide your claim.
You may not be afforded the procedural, pre-trial discovery, and appellate rights in an arbitration proceeding that you would enjoy in a court or judicial proceeding.
You may not join or participate in a class action, act as a class representative or a private attorney general or consolidate your claim with the claims of others.
You will have to pay certain fees in order to commence an arbitration proceeding, unless we agree to pay those fees for you.
If you do not want to arbitrate all claims as provided in the Agreement, then you have the right to reject the Arbitration Provision by delivering a written notice to us at the Notice Address within thirty (30) days following the date of this Agreement.
By using the Site or the App, you agree to indemnify and hold RocketFNCL and its Affiliates harmless from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) arising out of or in any way connected with (i) your access to and use of the Site, the App or the Services; (ii) your violation of any of the Terms and Conditions referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third-party. RocketFNCL reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
This Site is not directed at individuals under the age of eighteen (18), or individuals under the age of nineteen (19) in the states of Alabama or Nebraska, and RocketFNCL does not knowingly collect personal information from any individual under the age of eighteen (18), or under the age of nineteen (19) in the states of Alabama or Nebraska, at this Site or the App.
You may not assign or delegate this Agreement or any of the terms or conditions hereunder, directly, indirectly, or otherwise without the written consent of RocketFNCL, and any such purported assignment or delegation shall be void.
Law and Venue
“Cookies” are small data files transferred by a website to your computer's hard drive. RocketFNCL or its service providers send cookies when you surf our site, or sites where RocketFNCL ads appear, request or personalize information, or register yourself for certain Services. Accepting the cookies used on our Site, sites that are “powered by” another company on RocketFNCL’s behalf, or sites where our ads appear may give us access to information about your browsing preferences, which we may use to personalize and enhance your experience. Cookies are typically classified as either “session” cookies or “persistent” cookies.
Session cookies do not stay on your computer after you close your browser.
Persistent cookies remain on your computer until you delete them, or they expire.
Generally speaking, web browsers automatically accept cookies by default. That being said, you can typically prevent cookies or selectively accept cookies by adjusting the preferences in your browser. If cookies are not accepted, there may be some features of our Site that will not be available, and some websites/pages/content may not display properly.
RocketFNCL does not store passwords or any other information about a visitor in a cookie that would identify them, locate them, or determine their preferences or their financial activity. Aggregated customer information may help RocketFNCL assess the performance of its Site and develop strategies to maximize utility. This information may be provided to other companies, including but not limited to third-party advertisers. This information does NOT include any personal details that can be used to identify individuals.
How long does RocketFNCL keep User Information?
RocketFNCL will maintain the information that is necessary to enable RocketFNCL to provide the requested service only for as long as it takes RocketFNCL to provide any such requested service. RocketFNCL may still need to keep your user details to ensure that our systems reflect your preferences. RocketFNCL may keep records of any transactions you enter into on the Site or the App for a minimum of six years from the end of RocketFNCL’s relationship with you. RocketFNCL may keep other information about you to the extent necessary to comply with applicable laws and to further legitimate business needs.
ROCKTFNCL DOES NOT WARRANT THAT ANY CONTENT ON THE SITE OR THE APP OR THE SERVICES, OR ANY DOCUMENT OR FEATURE OF THE SITE OR THE APP OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE OR THE APP OR THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THE SITE OR THE APP OR THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT OR THE APP AND ITS CONTENT OR THE SERVICES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OR THROUGH THE SITE OR THE APP OR THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. ROCKTFNCL CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE OR THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ROCKTFNCL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ROCKTFNCL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR THE APP OR THE SERVICES. ROCKTFNCL DOES NOT VERIFY FOR ACCURACY ANY FINANCIAL INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE OR THE APP OR THE SERVICES AND ANY LINKED SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICES USED IN CONNECTION WITH THE SITE, THE APP OR THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE, THE APP OR THE SERVICES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. YOUR SOLE REMEDY AGAINST ROCKTFNCL FOR DISSATISFACTION IS TO STOP USING THE SITE, THE APP, THE SERVICES OR ANY SUCH CONTENT.