Terms of Use
By using our Website or Mobile Application, or otherwise accepting them, you agree to these Terms of Use. These Terms of Use set forth what you can expect from us, and what we expect from you. These Terms of Use include your agreement to arbitrate any dispute with us at our discretion (“Arbitration Agreement”). By accepting these Terms of Use, you agree to that Arbitration Agreement. Please read the entire document carefully.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) are an agreement between you and Mobility Capital Finance, Inc., doing business as MoCaFi (“MoCaFi,” “we,” or “us”). These Terms of Use govern your access to and use of https://www.mocafi.com (the “Website”) and our MoCaFi Mobile Banking application (“Mobile Application” and, collectively with the Website, the “Services”). MoCaFi is not a bank.
Bank account, debit and prepaid cards offered through the Services and are provided by Sunrise Banks N.A. (“Sunrise”), Member FDIC, and are governed by the separate agreements governing those accounts and services. In addition, certain of our products and services offered by us are governed by additional terms and conditions you enter into with us. Certain products and services accessed through the Website may be offered or otherwise provided by one or more third parties, and are governed by additional terms and conditions you enter into with those third parties. These Terms of Use does not change the other agreements you have with us or anyone else governing those accounts, cards and services.
Please read these Terms of Use carefully before you start to use the Services. If you do not want to agree to these Terms of Use, or do not accept our Privacy Policy you must not access or use the Services.
This Services are offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
CHANGES TO THE TERMS OF USE
We may revise these Terms of Use from time to time and at any time in our sole discretion with or without notice to you (except to the extent prohibited by applicable law). All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use constitutes your acceptance and agreement to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree with any change, you may discontinue using the Services.
ACCESS TO THE SERVICES
We reserve the right to remove or change the Services and any material we provide through the Services in our sole discretion and with or without notice. We are not liable if for any reason some or all of the Services are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some or all of the Services.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Services or some of the resources available through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide as part of any registration with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures to access an account through the Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You are responsible for the costs associated with purchasing, maintaining, and protecting the device you use to access and utilize the Services, including a computer or mobile device (each a “Device”). You are also responsible for ensuring your Device is up-to-date with the applicable operating system and any security updates as well as maintaining your Device’s capacity and connectivity required to use the Services. Message and data rates may apply to your use of the Services. Contact your wireless carrier for information about your mobile plan rates for SMS (i.e., short message service, also known as text messages) and internet or data usage.
You are responsible for maintaining the confidentiality of your access credentials to the Services, and the security of your systems and networks that you use to access the Services. You agree to immediately notify us in the event that you become aware, or otherwise suspect, that your mobile device or access credentials have been shared with or disclosed to third parties.
RESTRICTIONS AND TERMINATION
We reserve the right at any time to modify or discontinue, temporarily or permanently, your account or access to the Services with or without notice if we believe in our sole discretion there is a reason to do so, or for no reason. Such reasons shall include, without limitation: (a) any actual or suspected breach of these Terms of Use or any other agreement you may have with us; (b) any actual or suspected criminal activity; (c) any actual or suspected misuse of, or damage to, the Services; or (d) as we deem necessary to protect or restore security to the Website or Services.
COMMUNICATIONS
When you utilize the Services or send emails to us, you are communicating with us electronically. By accepting these Terms of Use, you expressly consent to receive communications from us electronically to the extent permissible by law. Such electronic communications may include emails, messages through the Services or other electronic communications. Your consent to receive electronic communications from us does not mean that we must provide all communications electronically. You further expressly consent to be contacted by us and our employees, representatives and agents, or anyone contacting you on our behalf for any and all purposes arising out of or relating to MoCaFi or the Services at any telephone number, or any physical, email or other electronic address you provide or at which you may be reached. It is your responsibility to provide us with current and accurate contact information. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
INTELLECTUAL PROPERTY RIGHTS
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MoCaFi, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
By downloading the Mobile Application and accepting these Terms of Use, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license (the “License”) to download, install and use the Mobile Application on your Device. We may revoke this License at any time for any reason or no reason. This License shall be deemed revoked immediately upon (i) your deletion of the software from your Mobile Device; or (iii) our notice to you at any time, with or without cause. You agree to promptly delete the Mobile Application from your Device if this License is revoked for any reason.
These Terms of Use do not transfer to you any right, title or interest in or to any of the intellectual property or other proprietary rights in or to the Services or any portion thereof not expressly granted herein. These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
Your Device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages available through the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, including but not limited to the Mobile Application, you may install such application to your Device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: - Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from the Services.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: support@mocafi.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by MoCaFi. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARKS
The MoCaFi name, the MoCaFi logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MoCaFi or its affiliates or licensors. You must not use such marks without the prior written permission of MoCaFi. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate MoCaFi, a MoCaFi employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm MoCaFi or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, such as via a denial-of-service attack or a distributed denial-of-service attack.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof.
- Remove, disable, circumvent, or otherwise create or implement any workaround to, any copy protection or security features contained within the Services.
- Otherwise attempt to interfere with the proper working of the Services.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
This Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MoCaFi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MoCaFi. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE SERVICES
We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be incomplete or out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on our Website.
- Send emails or other communications with certain content, or links to certain content, on our Website.
- Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
The Services contains links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
MoCaFi is based in New Jersey and New York in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOCAFI NOR ANY PERSON ASSOCIATED WITH MOCAFI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MOCAFI NOR ANYONE ASSOCIATED WITH MOCAFI REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MOCAFI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOCAFI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF MOCAFI OR ITS VENDORS OR REPRESENTATIVES, INCLUDING ANY OWNERS, DIRECTORS, OFFICERS AND AGENTS OF ANY OF THE FOREGIONG, IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
INDEMNIFICATION
It is important for you to understand that by accessing and using the Services, you agree to indemnify (pay for our losses), defend and hold us, and our affiliates and licensors harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described above at our then-current hourly rates. These obligations will survive any termination of your relationship with us. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, NY, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ARBITRATION AGREEMENT
At MoCaFi’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
NO WAIVER; SEVERABILITY
No waiver by MoCaFi of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MoCaFi to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
YOUR COMMENTS AND CONCERNS
The Services and Website are operated by:
MoCaFi
1211 6th Ave., 27th floor
New York, NY 10036.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@mocafi.com.
ADDITIONAL POLICIES AND AGREEMENTS
Provided below, you’ll find statements and notices about security and privacy.