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Introduction

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by TY2, Inc. ("TY2"), including www.tomofinance.com or www.mytomooffers.com (the "Sites"). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

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General Terms

 

Changes to Terms of Use. TY2 reserves the right to change or modify any of the terms and conditions contained in the Terms of Use at any time, without notice, and in its sole discretion. If TY2 decides to change these Terms of Use, TY2 will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Privacy Policy and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

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Third Party Sites. We also like to interact with you on third party sites where we post content or invite your feedback, such as: Facebook, Twitter, Instagram, LinkedIn, and YouTube ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines and rules and regulations in connection with TY2, including services that involve Third Party Sites, but TY2 does not control those Third Party Sites. These Terms of Use do not apply to companies that TY2 does not own or control, or to the actions of people that TY2 does not employ or manage. You should always check the terms of use posted on Third Party Sites.

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Privacy. If you use or obtain TY2 products or services, TY2 will collect information about you and use it and share it according to TY2’s Privacy Policy. Please read TY2’s Privacy Policy for a full description of how TY2 will collect, use and share information about you.

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Communication. You expressly give permission to TY2 to contact you according to the following terms:

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• Registration & Accounts.

• Marketing.

• Agents. You agree that TY2 agents or representatives may contact you on our behalf.

• Phone, SMS, Autodialers.

• Recorded Lines.

• Accurate numbers.

• Push-Notifications/Alerts.

• SMS Notifications.

• If you access the Sites via your mobile phone, we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

 

Loan Inquiries and Submissions. If you submit a loan inquiry or a loan request to TY2, tou authorize and instruct TY2 to obtain credit information on you from a credit reporting agency and to use it according to TY2’s Privacy Policy, including to use the information to advertise products and services to you and to target ads to you. Your authorization in this policy is in addition to: (i) terms you accept at the time you submit the loan inquiry, (ii) terms in any loan application, and (iii) terms in loan documents if you obtain a loan.

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Financial Decisions. You are responsible for all financial decisions you make both on the TY2 Site or based upon information you obtain on the TY2 Site. TY2’s products and services are offered to you upon the express condition that you will fully evaluate your own financial circumstances, the terms of the products and services, are fully responsible for your own financial decisions. Only you can consider your financial situation and circumstances. You agree to pursue a TY2 product or service only after you have determined it is right for you.

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Credit Reporting/Repair. TY2 is not a credit reporting agency or credit repair company. TY2 does not and will not undertake any credit repair on your behalf. To the extent TY2 offer you any suggestions regarding improving credit scores or any simulation of your score based on assumptions, such information is for your education and consideration, and is not intended to be financial advice.

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Copyright/Trademarks. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright © by TY2, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of TY2 and protected by U.S. and international copyright laws. All software used on the Sites is the property of TY2 or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with TY2, engaging with the TY2 or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of TY2 is strictly prohibited.

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TY2.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of TY2 and may not be used in connection with any product or service that is not offered by TY2 in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

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Compliance. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the TY2 Sites and services. The TY2 Sites are available only to individuals who are permitted to use it under applicable law. The TY2 Sites are made available only for personal, non-commercial use and display by U.S. residents legally capable of entering commercial agreements. If you do not qualify, do not use the TY2 Sites. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree: (i) You are solely responsible for your actions and the contents of your transmissions through the Sites. (ii) You will not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. (iii) You possess the legal right and ability to enter into these Terms of Use and the services and to use the Sites. Unauthorized use of the Sites, including but not limited to unauthorized entry into TY2’s systems. Misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.  

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Disclaimer of Warranties. TY2 IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, TY2 DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TY2 DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

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Disclaimer of Liabilities. IN NO EVENT SHALL TY2, NOR ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM AGAINST ANY SUCH PERSONS OR ENTITIES IS BASED ON WARRANTY, CONTRACT, TORT THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORSEEN BY ANY SUCH PERSONS OR ENTITIES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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Indemnification. You agree to defend, indemnify and hold harmless TY2 (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites.

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DMCA. If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide TY2's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

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• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

• A description of the copyrighted work that you claim has been infringed upon.

• A description of where the material that you claim is infringing is located on the Sites;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• Your name, address, telephone number and email address (if available); and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please send to: legal@tomofinance.com.

 

Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TY2's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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Dispute Resolution. If a dispute should arise between you and TY2, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 702-425-2304 or by sending an email to info@tomofinance.com.

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If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

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TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND TY2 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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Agreement to Arbitrate Disputes. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

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WE BOTH AGREE TO ARBITRATE:  You and TY2 agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate TY2’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances TY2 may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com  or 1-800-352-5267.

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NO CLASS ACTIONS:  You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

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WAIVER OF JURY TRIAL:  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

In the event any litigation should arise between you and TY2 in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TY2 WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

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Choice of Law/Forum Selection. These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Clark County, Nevada.

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Severability. The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by TY2, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.