Terms of service.
LAST UPDATED: October 28, 2024
PLEASE READ TERMS OF SERVICE CAREFULLY. BY ACCESSING THE PAVO WEBSITE, PAVO VENDORS, OR USING THE PAVO SERVICE, YOU AGREE TO BE BOUND BY THE PAVO TERMS OF SERVICE, PAVO E-SIGN CONSENT AGREEMENT, PAVO PRIVACY POLICY AND PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE PAVO WEBSITE OR USE THE PAVO SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The Parties to this Agreement. These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and PAVO INSURANCE SOLUTIONS, Inc. (including its subsidiaries, affiliates, agents, and assigns) ("PAVO," "we," "us," "our"), regarding (1) your use of this website ("Website") or any mobile application offered by or marketed by or on behalf of PAVO or any other technology platform or service offered by PAVO, (2) your use of the Website, the PAVO Application or Service, or a third-party website in connection with a product or service offered directly by PAVO, as applicable, (3) your use of "Additional Tools" as described below in Section 2, (4) your use of any other service(s) offered through the Website or a PAVO App, as applicable, including, without limitation, Premium Finance loans; and (5) your access to your PAVO account information and access to any service through the Website or PAVO App (collectively, the "PAVO Service(s)" or "Service(s)").
PAVO Partner Companies. PAVO may partner with Premium Finance Companies (each, a "PFC") to offer certain products and services and we offer certain products and services directly to you. The primary product and service offered by PFC is a Premium Finance Agreement (each, a “PFA”). If you are approved for a product offered through PAVO by one of these PFC, or through other partnerships with PFCs, you will enter into an agreement directly with the PFC.
You may enter a Direct Contract with PFC. Notwithstanding any other provision of this Agreement, any agreement you enter into with a PFC (and not this Agreement) will control with respect to the associated PFC product or service.
Changes to this Agreement. PAVO may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a PFC loan). Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE PAVO SERVICES AFTER CHANGES HAVE BEEN POSTED. If PAVO makes any changes to this Agreement it deems to be material it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
Your Eligibility. To be eligible to use the PAVO Services, you must be at least 18 years old and a resident of the United States or its territories. PFA or Loans originated by a PFC or directly by PAVO may not be available everywhere. You represent and warrant that you are eligible to use the PAVO Services.
Buy with PAVO: When you use the PAVO services you may be offered a PFA by a PFC which provides installment loan product with terms expressed in your Premium Finance Agreement. Loans may be offered by a PFC through PAVO's technology platform or by PAVO directly through PAVO's technology platform or through a third-party website. Premium Finance terms may vary based on coverage type, premium, insurer, and policy terms, and may not be available in all states. It is imperative that you refer to the PFA document for the accurate terms and conditions offered by the PFC. PAVO’s services allow you to finance insurance policies offered by third-party independent insurance companies.
Your Promise to Pay: Before completing any transaction through any PAVO Services, PAVO will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your consent to those terms for that transaction, including your promise to pay the Total Payments amount as stated in the Premium Finance Agreement to PFC or its assigns, by asking you to click the button to confirm your loan terms.
Interest Rates: The PFC has the authority and ownership to adjust Rates and Terms offered to you. The PFC regulates the Interest Rates offered to PAVO clients.
Finance Charge: PFA may be subject to a finance charge based on the applicable interest rate designated on the agreement. The PFC will always disclose the specific finance charge before you agree to any terms. The PFC regulates the Finance Charges offered to PAVO clients and the PFC is responsible for state and federal compliance with PFA terms.
Broker Fee Guarantee: As an inducement to finance broker fees, commissions or other fully earned fees that are payable to AGENCY and for other good and valuable consideration the receipt and sufficiency of which are acknowledged, AGENCY covenants and agrees that in the event of a default or cancellation with respect to any premium loan that includes financed broker fees, commissions and any other fully earned fees financed by various PREMIUM FINANCE COMPANY partners, it shall:
Pay the PREMIUM FINANCE COMPANY immediately, upon receipt from the insurance company, any returned, unearned premium on any financed policy, and
Immediately return to the PREMIUM FINANCE COMPANY all unearned broker fees, commissions and/or other fully earned fees financed by PREMIUM FINANCE COMPANY on a pro-rata basis.
The PREMIUM FINANCE COMPANY partners agrees to conduct its normal collection procedures on all financed loans,
and agrees to timely notify AGENCY in the event of a payment default by an insured/borrower.
Late Payment Fee: Premium Finance Agreements often charge late fees that will be disclosed on the agreement. The PFC is the party that collects fees per the PFA.
Autofill of Information: In order for you to have a more seamless experience we may store some of the information that you provide to us or a PFC, or that you authorize a third party to provide to us or a PFC, or that a third party provides to us about you. While using our Services, we may ask for your information and contact details, VCN card details, debit/credit card details (excluding CVV), and billing address for those cards, or you may authorize our service providers to provide us with information about you, such as details about your financial accounts. If you no longer want to use the autofill feature for payments, email hello@pavoinsure.com and request your information to be removed and deleted.
Limitations on Tools or Services: You agree that we may modify the tools or services, or cease making them available to you at any time without notice and have no obligation to make any tool or services available to you. If we modify or cease to make a tool or service available to you, you understand that you may lose access to any information in connection with your use of PAVO and have no rights to obtain such information from us. To the extent that PAVO has financial account information for other PFC, you understand that the information may not be up to date. Before acting on any such information, you should confirm its accuracy with the PFC holding the account. There may be times when a tool we offer is unavailable or not properly functioning, and you agree that PAVO has no liability to you if this occurs or in connection with the tools or services generally. You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality. You agree that we may use the information we gather through the tools to market other products and/or services to you, including those of third parties.
Third-Party Providers: We may rely on third-party providers to assist us in making a tool or other PAVO Service available to you. You may link your bank account as a tool or Service offered by PAVO. You authorize us and our third-party providers to access your financial accounts on your behalf and to gather information about you. You give us and our third-party providers a limited power of attorney and appoint us and our third-party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services. You agree to the transfer, storage, and processing of your information by these third-party providers in accordance with their respective privacy policies. We have no liability to you for any damages you may suffer as a result of any such third party's actions or inactions or from inaccurate account information.
Financial Debt Disclosure: Before binding a PFA, debt, or any financial decisions, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. PAVO does not provide financial, legal, or tax advice, and recommends you seek an appropriate expert council.
Accuracy, Reliability, and Timeliness of Information: YOUR USE OF THE TOOLS OR SERVICE IS AT YOUR SOLE RISK. INFORMATION PROVIDED THROUGH THE TOOLS IS ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO WARRANTY THAT THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE.
Collecting Information About You: By using the PAVO Services, you authorize PAVO, directly or through third parties, to make any inquiries we consider necessary to validate your identity, insurance license status, and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third-party databases or through other sources. PAVO reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.
Credit Report Authorization and Reporting: You expressly authorize PAVO and each of PAVO's PFC to obtain (for itself or on behalf of PAVO or a PFC) reports from third-party data sources about you (1) when you request offers or apply for a PFA. You expressly authorize us and each PFC to use such report about you, and information derived therefrom, in connection with:
Determining your eligibility, servicing or maintaining your PFA or verifying your identity, verifying information you provide to PAVO or a PFC, and collecting any amount you owe us or a PFC or any of our respective successors or assigns;
Marketing, including pre-qualifications and other forms of marketing
Our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we or any PFC offers or may offer through the PAVO Services; and
If you request offers or apply for multiple or additional loans or an additional PAVO Service, you further authorize us and our PFC to share with each other information it has about you, in order to determine your eligibility in connection with such offers or applications.
You understand that PAVO and/or any of its PFC may report information about your loan to consumer reporting agencies and that such information may be reflected in your credit report or other consumer reports about you.
Servicing & Collection. You agree to allow PAVO to send you payment reminders from time to time. Notwithstanding whether you have consented or withdrawn your consent to the PAVO E-Sign Consent, you agree that payment reminders may take the form of any available communication, subject to applicable law. You also agree that if you fail to pay an amount owed to PAVO or any other agreement you have with us or any PFC, PAVO may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action.
FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE AND FUTURE FINANCING ELIGIBILITY.
Communication & Notification. You agree that PAVO may provide you communications about your account and any PAVO Service electronically or through phone calls, text messages, or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply and you are responsible for any such fees. PAVO reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third-party site on which the PAVO Service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise, send it to your attention (such as via sms or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us or a PFC, you give direct consent to us, as well as servicers, agents, contractors, and collectors of your account, to communicate with you in any way, such as calling, texting, or email via a mobile phone or landline you provide to us or at which we believe we can reach you, any email address you provide to us, one of our PFC, service providers, or one of our Merchants, and other forms of communications. You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
Monitoring Communications. You understand and agree that PAVO may monitor or record chat, sms text message, email, and telephone conversations you or anyone acting on your behalf has with PAVO or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with PAVO may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by PAVO, and PAVO does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Working with Third Parties. You grant express permission to PAVO and third-party PFC to access particular information about your account, either through your use of the third party's product or service or through your PAVO account, and PAVO may disclose the information to third-party PFC. Further, you acknowledge and agree that you will not hold PAVO responsible for, and will indemnify PAVO from, any liability arising from the actions or inactions of this third-party PFC in connection with the permissions you grant. In certain circumstances, PAVO uses third-party software firms for identity verification purposes. You consent to this service including collecting, processing, and sharing your personal information, which may include biometric data.
Agreement to Provide Accurate Information. When you provide information to PAVO or in connection with the PAVO Services, you agree to provide only true, accurate, current, and complete information about yourself and you agree not to misrepresent your identity or requested information. You further agree to keep your account information and contact information up to date and accurate, and to promptly notify us of any changes to such information.
Repayment Methods. You may use one of the acceptable and approved methods of payment set forth in your loan agreement to pay your account as payments become due or you may set up automatic account payments.
Access to Your Account. You are responsible for maintaining the secrecy of the login credentials to your PAVO account and any other access credentials you may use to access your PAVO account (e.g., the password to the mobile device you use to access a PAVO App or website). You must notify us immediately if you believe your login credentials or the security of your PAVO account has been compromised or stolen. You are responsible for any activity taken on your PAVO account using your login credentials, except as expressly provided by applicable law. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your PAVO account and to any third-party account, you have used to log in to your PAVO account. You are also responsible for maintaining the accuracy of the information in your PAVO account.
Website & App Content. Information on the PAVO website and in PAVO Apps is for information purposes only. PAVO does not make any promises as to its completeness, timeliness, or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice. Access to the Services may from time to time be unavailable, delayed, limited, or slowed due to, among other things: servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor; governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of PAVO.
Links to Other Websites. Links to non-PAVO websites are provided solely as pointers to information on topics that may be useful to users of the Services, and PAVO has no control over the content on such non-PAVO websites. PAVO makes no warranties concerning the content of such websites, including the accuracy, completeness, or reliability of said websites, nor does PAVO warrant that such website or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by PAVO, you must do so at your own risk. PAVO does not guarantee the authenticity of documents on the Internet. Links to non-PAVO websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such websites.
Closing Your Account. You may request to close your account at any time by contacting us through the PAVO Help Center at helpcenter.PAVO.com. Your request may take up to 30 business days to process. Upon account closure, we may cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, PAVO will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account or third-party PFC even after the account is closed. PAVO will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule, or regulation.
Dormant Accounts. PAVO may close your account if you do not log in to your account or use the PAVO Services for two years. PAVO will retain your information in accordance with the section above.
Feedback You Provide. If you submit comments, concerns, complaints, or feedback to us, you agree that we can use them without any restriction. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
HOW YOU MAY NOT USE PAVO. By using the PAVO Services, you agree that:
You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with PAVO;
You will not provide false, inaccurate, or misleading information;
You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person;
Any goods or services deemed unacceptable by PAVO or its PFC(s), in their sole discretion;
You will not use any device, software, system, file, or other tool or technology, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data, or personal information from the Services;
You will not commit unauthorized use of PAVO's Website and systems including but not limited to unauthorized entry into PAVO's systems, misuse of passwords, or misuse of any information posted to a site; and
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
Disputes Resolution with PAVO. If a dispute arises between you and PAVO, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact PAVO through the PAVO Help Center at hello@pavoinsure.com to try resolving your problem directly with us.
Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE PAVO SERVICE OR THE WEBSITE. Any dispute or claim relating in any way to your visit to the Website, your use of the PAVO Services, a product offered or provided by or through the Website or Service, a PFA received by PAVO, contract with PFC by PAVO, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and PAVO shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes any claims based on contract, statute, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY. Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages, or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. All arbitration fees and expenses shall be split between the parties. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage, or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.
CLASS ACTION WAIVER. You and PAVO each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than PAVO and/or you individually.
Limited Court Process. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and PAVO each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern. This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A) If the Class Action Waiver is limited, voided, or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated, and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.
RIGHT TO OPT OUT OF MANDATORY ARBITRATION: If you do not want Section to apply, you must send PAVO a signed notice within 5 calendar days after you agree to be bound by the Agreement as described above. You must send the notice in writing to PAVO, Inc. at hello@pavoinsure.com with the subject “Attention: Terms of Service Arbitration Opt Out". Opting out of this Mandatory
Arbitration provision will affect eligibility for PAVO product or services and may result in your account closing or denial of services.Operations. PAVO makes no representation that the Services are appropriate or available in your location. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PAVO to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the PAVO Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Export controls. No person or company may use PAVO services or products in any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Termination. This Agreement is effective until terminated by either party. You may terminate this Agreement by fulfilling all payment obligations to PAVO, PFC, and paying all amounts you owe (including any fees or expenses incurred or imposed by PAVO) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from PAVO if, in our sole discretion, you fail to comply with any term or provision of this Agreement. You may not assign these obligations under the Agreement without PAVO's prior written consent, but PAVO may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon PAVO's request, you will furnish PAVO any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against PAVO by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto execute this Agreement.
Updating Your Information. You agree that PAVO is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of the availability of electronic Documents in the event your mobile number, email address, or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
Enforceability and Governing Law. The failure of PAVO to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and PAVO with regard to your use of the PAVO Services and any previous Terms of Service that may exist between you and PAVO is hereby superseded. This Agreement cannot be changed or modified by you except as posted on the Services by PAVO. Except as provided in Section 32 Mandatory Arbitration, if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. Except as provided in Section 32 (Mandatory Arbitration) the laws of the State of California govern your access to, and use of, the Services and the terms of this Agreement.
Intellectual Property. All content, design, graphics, compilation, digital conversion, and other matters to the Services are protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) and owned by PAVO or one of its affiliates. The copying, redistribution, use, or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
Trademark. “PAVO" and “PAVO Insurance Solutions” is the marketing name for certain financial services activities of PAVO as operator of the Services. "PAVO" is a trademark of PAVO Insurance Solutions Inc. Other featured words or symbols may be the trademarks of their respective owners.
Indemnification. You agree to indemnify, defend and hold PAVO and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.
DISCLAIMER OF WARRANTY. PAVO AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. PAVO AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PAVO AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
LIMITATION OF LIABILITY. PAVO AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THROUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PAVO AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE PAVO AND ITS AFFILIATES ARE LIABLE FOR ANY THIRD-PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER PAVO NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
Statute of Limitations. You and PAVO both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, Terms of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third-Party Beneficiaries. This Agreement is between you and PAVO. No user has any right to force PAVO to enforce any rights it may have against you or any other user.
PAVO E-Sign Consent Agreement - See Below:
ELECTRONIC DISCLOSURES. In connection with the PAVO Services, PAVO, and PFC are each referred to severally as a "Partner PFC" herein. Without your consent, PAVO and each Partner PFC are permitted to provide these disclosures to you online.
Electronic delivery of communications. ”Disclosures" include, but are not limited to (1) agreements and policies required to use the PAVO Services (e.g., these PAVO Terms, the PAVO Privacy Policy and each Partner and Partner PFC Privacy Policy, and Loan Agreements); (2) payment authorizations and transaction receipts or confirmations; (3) account statements, billing statements, and account histories; (4) all tax statements and related communications, and (5) any other disclosures required by law regarding your legal rights and obligations relating to the PAVO Services. By providing your consent as set forth below ("Consent"), you agree to the following: PAVO and any PAVO Partner PFC may provide any or all Disclosures either electronically on the PAVO Website or in any PAVO website, through a hyperlink provided on the PAVO Website or in any PAVO App, and, at its sole discretion electronically to the email address or mobile telephone number that you have provided to us, either directly or indirectly via the merchant to whom PAVO or the PAVO Partner PFC will send funds, or by making them accessible via our websites or applications.
PAVO and/or a PAVO Partner PFC will make Disclosures available online at their respective websites for viewing, either via the hyperlink, email, or other electronic method described herein. The Disclosures will be provided to you in a format that can either be retained, printed, or downloaded for your records.
Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
Your Consent applies to any transaction undertaken through the PAVO Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the PAVO Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
Your Consent means that Disclosures PAVO and any the PAVO Partner PFC provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.
WITHDRAWING CONSENT. You are free to withdraw your consent at any time. If at any time you wish to withdraw your consent, email hello@pavoinsure.com If you withdraw your consent, PAVO may close or limit access to your account and the PAVO Services. You agree to pay any amount owed to PAVO and/or the Partner PFC even if you withdraw your Consent and we close or limit access to your account.
RIGHT TO REQUEST AND RECEIVE PAPER COPIES. You agree that PAVO may modify or change the methods of disclosure described herein and that PAVO and/or the Partner PFC may send you Disclosures in email or paperwork.
UPDATING YOUR INFORMATION. You agree that it is your responsibility to notify PAVO of any changes to your primary email address, phone number, or any other contact information so that PAVO can communicate with you electronically. You agree that PAVO is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by PAVO's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of the availability of electronic Documents in the event your mobile number, email address, or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control. It is your responsibility to provide us with a true, accurate, and complete mobile number, e-mail address, contact, and other information related to the PAVO Services, and to maintain and update promptly any changes in this information.
YOUR CONSENT TO ELECTRONIC DISCLOSURES. Before using the PAVO Services, you will be asked for your agreement to the PAVO Terms of Service, including this PAVO E-Sign Consent Agreement, by clicking "Create Account” or “Accept Terms of Service”. This action constitutes your electronic signature and manifests your Consent and agreement to this PAVO E-Sign Consent Agreement. If you do not provide your consent, you may not use the PAVO Services and must discontinue your use of the PAVO Services immediately.