Text and Email Account Alerts Terms and Conditions

Effective Date: January 1, 2020
Last Updated: November 30, 2022

By enrolling in the text and email account alert program (“Program”) offered in connection with your credit build account (“Account”) offered by inVIVO financial LLC, an Arizona corporation (referred herein as “inVIVO credit,” “we,” “our” or “us”), you agree to these Text and Email Account Alerts Terms and Conditions (“Terms and Conditions”) and to inVIVO credit’s Privacy Policy. These Terms and Conditions do not supersede or modify the agreement governing your Account (“Credit Build Agreement”), and, if any of these Terms and Conditions are found to conflict with the Credit Build Agreement, then the terms of the Credit Build Agreement will prevail.

Program Description

The Program allows you to receive various types of notifications about your Account via text messages sent to the mobile number you designate and/or emails sent to the email address you designate (collectively, “Alerts”). We may allow you to choose the types of Alerts you receive and set the triggers for such Alerts. Alerts may include general information about your Account sent within a few days of an event (“General Alerts”), such as changes to your credit score, your monthly payment due status and/or information sent at the same time as or shortly after an event involving your Account (“Instant Alerts”), such as an action taken by inVIVO credit as part of your credit build process. The frequency of Alerts depends on the number/types of Alerts you elect to receive, any triggers you set for such Alerts and/or the frequency of any events to which Alerts relate.

How to Opt-In

If you executed the Credit Build Agreement then you opted to become an inVIVO credit client, and in doing so, you also agreed to opt-in to the Program, as per the terms of the Communications Consent section.

How to Opt-Out of Account Alerts

You may opt-out of future text Alerts by replying “STOP” to any text Alert we send you. If you have chosen to receive both text and email Alerts and you opt-out of text Alerts via text, you will need to separately opt out of email Alerts also by replying “STOP” to any email Alert we send you. PLEASE NOTE THAT OPTING OUT OF TEXT MESSAGE ALERTS WILL NOT OPT YOU OUT OF OTHER TEXT MESSAGES THAT WE MAY SEND YOU OUTSIDE OF THIS PROGRAM, SUCH AS ACCOUNT MANAGEMENT TEXTS WE MAY SEND YOU IF WE SUSPECT FRAUD OR YOU ARE IN DEFAULT OR MARKETING TEXTS YOU MAY HAVE SEPARATELY ELECTED TO RECEIVE..

Safeguarding Your Mobile Phone/Email

Anyone with access to your mobile phone may be able to view any text Alerts we send you, and anyone with access to your email account may be able to view any email Alerts we send you. Neither text Alerts nor email Alerts are encrypted. If you do not want anyone to view your Alerts, you should safeguard your mobile phone and/or email account.

Support/Help

In case of questions, call +1.877.518.6518 or email privacy@invivocredit.com with your full name, phone number and email address as they are in your account.

Supported Text Carriers

Supported carriers for text Alerts may change from time to time. Not all carriers may support our text Alerts. Your carrier may not deliver text Alerts while you are roaming, out of the country or otherwise outside of its service area.

Delivery

We do not guarantee that you will receive any Alerts under the Program. Circumstances beyond our control, including network issues, issues with your mobile carrier and issues with your email/Internet service provider, may result in your not receiving our Alerts. We are not liable to you for any Alerts that are delayed, undelivered or not delivered as we directed.

Eligibility

The Program is intended for use by U.S. residents who are at least 18 years of age and who have an inVIVO credit Account in good standing with us.

Changes to Terms and Conditions

We may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our website. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes.

Program Termination

We provide the Program purely as a convenience to you. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice to you.

Fees

We do not charge any fees for Alerts. However, your carrier’s message and data rates apply for text Alerts. You may be charged fees by your Internet service provider (“ISP”) or email service provider in connection with email Alerts. Any charges by your carrier, ISP or email service provider are solely your responsibility.

Limitation of Liability; Indemnity

We do not guarantee the delivery, timeliness or accuracy of the contents of any Alert. The Program is subject to transmission limitations and service interruptions. You agree to indemnify, defend and hold inVIVO credit and its directors, officers, employees and agents (collectively, “Released Parties”) free and harmless from any and all losses or damages, including attorneys fees, lost profits, and indirect or special damages, including, but not limited to, to those relating to account secrecy or financial privacy laws or regulations, that may arise, directly or indirectly, in whole or in part, from: a non-delivery, delayed delivery, or the misdirected delivery of an Alert; inaccurate or incomplete content in an Alert; your reliance on or use of the information provided in an Alert for any purpose; or any third party, whether authorized or not, obtaining information regarding your Account disclosed in any Alert. THE RELEASED PARTIES DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE PROGRAM. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU ACKNOWLEDGE USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE RELEASED PARTIES DISCLAIM ANY AND ALL LIABILITY FOR THE PROGRAM UNDER ANY CAUSE OF ACTION. IF ANY PART OF THESE TERMS AND CONDITIONS ARE FOUND VOID AND UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF THE REMAINDER, WHICH SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO THEIR TERMS.