Terms and Privacy

Terms & Conditions
Privacy Policy

Last updated August 20, 2024

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vartana, Inc. and applicable subsidiaries ("Company", "we", "us", or "our"), concerning your access to and use of the https://vartana.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

IF YOU ARE A BORROWER (EACH, A “BORROWER”) OF MONEY SUBJECT TO A LOAN OR FINANCING AGREEMENT WITH US (EACH, A “FINANCING AGREEMENT”) THESE TERMS OF USE SUPPLEMENT YOUR FINANCING AGREEMENT WITH US AND YOU MUST COMPLY WITH BOTH THE REQUIREMENTS OF YOUR FINANCING AGREEMENT AND WITH THESE TERMS OF USE.

IF YOU ARE A VENDOR OF EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES (EACH, A “VENDOR”) SUBJECT TO AN AGREEMENT WITH US UNDER WHICH YOU ARRANGE FOR US TO ENTER INTO FINANCING AGREEMENTS WITH CUSTOMERS OF YOURS THAT ARE BORROWERS (EACH, A “VENDOR PROGRAM AGREEMENT”) THESE TERMS OF USE SUPPLEMENT YOUR VENDOR PROGRAM AGREEMENT WITH US AND YOU MUST COMPLY WITH BOTH THE REQUIREMENTS OF YOUR VENDOR PROGRAM AGREEMENT AND WITH THESE TERMS OF USE. IF YOU ARE A VENDOR THAT HAS A PURCHASE ORDER WITH US (A “VENDOR PURCHASE ORDER”) BUT DOES NOT ALSO HAVE A SEPARATE VENDOR PROGRAM AGREEMENT, THE TERMS OF YOUR VENDOR PURCHASE ORDER ARE BINDING ON YOU AND SUPPLEMENT THESE TERMS OF USE.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site 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.

If you are subject to any industry-specific or other applicable statute, regulation or judicial or administrative ruling that regulates your activities (collectively, “Applicable Law”), and Applicable Law would require you to take actions different from those required under these Terms of Use or the Site, you must notify us of such requirements of Applicable Law, and we will not be held liable for any actions you take in violation of such Applicable Law.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose, including any violation of Applicable Law; and (7) your use of the Site will not violate Applicable Law.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:
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  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Use the Site to advertise or offer to sell goods and services.
  9. Engage in unauthorized framing of or linking to the Site.
  10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Sell or otherwise transfer your profile.
  15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  22. Use a buying agent or purchasing agent to make purchases on the Site.
  23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

User Generated Contributions

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

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  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Website And Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.vartana.com/terms-and-conditions. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Term And Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New York.

Dispute Resolution

Any Dispute arising under these Terms of Use shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations Of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Your indemnification obligations hereunder shall be in addition to any you may owe to us pursuant to a Financing Agreement, a Vendor Program Agreement or a Vendor Purchase Order.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, And Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Payment Service

Vartana currently uses Plaid Inc. (“Plaid”) to gather data from financial institutions. By using our service, you grant Vartana and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us regarding the matters set forth herein. You are also bound by the terms of any Vendor Agreement or Financing Agreement that you have entered into with us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Vartana, Inc.
548 Market Street
PMB 59708
San Francisco, CA 94104
United States
Phone: (833) 931-6651
support@vartana.com

Agreement To Provide Accurate Information

When you provide information to Vartana or in connection with the Vartana Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account 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.

Access To Your Account

You are responsible for maintaining the secrecy of the login credentials to your Vartana account and any other access credentials you may use to access your Vartana account (e.g., the password to your mobile device you use to access a Vartana App). You must notify us immediately if you believe your login credentials or the security of your Vartana account has been compromised or stolen. You are responsible for any activity taken on your Vartana 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 Vartana account and to any third party account you have used to login to your Vartana account. You are also responsible for maintaining the accuracy of the information in your Vartana account.

Repayment Methods

You may use one of the acceptable methods of payment set forth in your relevant IPA to make one-time transactions to pay your account as payments become due or you may set up automatic account payments. Furthermore, nothing in these Terms of Use will be construed as applying to the extent inconsistent with the IPA related to your product or service including any IPA originated directly by Vartana.

Closing Your Account

You may request to close your account at any time by contacting us at support@vartana.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, Vartana 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 even after the account is closed. Vartana will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation.

Dormant Accounts

Vartana may close your account if you do not log in to your account or use the Vartana Services for two or more years. Vartana will retain your information in accordance with the section above.

How Vartana Will Serve You

Buy with Vartana: When you buy with Vartana you may be offered an IPA with terms as expressed in your agreement. IPAs may be offered by Vartana directly through Vartana's technology platform or through a third-party website. IPA options may vary based on purchase price and vendor and may not be available in all states. Vartana's services allow you to buy goods or services offered by vendors ("Vendors") for commercial use. If you buy with Vartana (the "Lender"), Lender will pay the Vendor on your behalf in exchange for your promise to repay the same amount plus a finance charge, where applicable.

Your Promise to Pay: Before completing any transaction on your behalf through any Vartana Services, Vartana will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the total payments amount to Lender or its assigns, by asking you to click the button to confirm your financing arrangement.

Finance Charge: IPAs may be subject to a finance charge based on the applicable interest rate. The Lender will always disclose the specific finance charge before you agree to any IPA.

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

If you wish to use our Services, you will need to provide us with certain information, including information about your identity, finances, and business performance. You will also need to create a user ID and a password to protect your account information. With your permission, we may also access your banking information, obtain a credit report, retrieve bank account data, or collect other third party data about you (collectively, the "Personal Information").

Delays in Processing: In some cases, when you buy with Vartana to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Vartana or the vendor and can be cancelled at any time until it is confirmed by Vartana.

Extended Ship Date: If when buying with Vartana, one or more items in your order has an extended ship date, your IPA payment(s), including interest, may be due before the vendor ships the item(s). Please note that you may not receive a rebate of any interest that may have already accrued on an amount that later gets refunded.

Vartana-Originated IPAs: IPA may be offered directly by Vartana. Refer to your payment agreement for details.

Third Party Providers: We may rely on third party providers to assist us in making a Vartana Service available to you. By linking your bank account to a Service, 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 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.

We are not a credit repair or credit services organization as defined under federal or state law, including any credit repair or credit services organization acts. We do not provide "credit services" or "credit repair" services. We do not advise or assist you with "rebuilding" or "improving" your credit. We make no representation that we will improve or attempt to improve your credit record, history or rating. We do not intend to provide financial, legal or tax advice, and we are not a financial planner, broker or tax advisor. Before making any financial decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Collecting Information About You

By using the Vartana Services, you authorize Vartana, directly or through third parties, to make any inquiries we consider necessary to validate your identity 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. We may also ask you for identifying documents to help us validate your identity. Vartana 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 Vartana to obtain credit reports (1) when you apply for an IPA, (2) periodically throughout the term of your IPA (including in the month following the month when you pay off or otherwise satisfy the loan), and (3) from time to time in connection with any other services that we offer or that you may obtain from us.

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In each case you expressly authorize us to use such credit report about you, and information derived therefrom, in connection with:

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  • your IPA, including determining your eligibility, servicing or maintaining your loan or account, verifying your identity, verifying information you provide to Vartana, and for collecting any amount you owe us or any of our respective successors or assigns;
  • marketing, including pre-qualifications and other forms of marketing, for IPA that may be provided by us and any other service we offer or you obtain from us through the Vartana Services, such as financial management tools or the marketplace;
  • our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we offer or may offer through the Vartana Services; and
  • providing you with information or Vartana Services, including information about your credit profile and to deliver services upon your request.

You understand that Vartana may report information about your IPA (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to credit reporting agencies, and that such information may be reflected in your credit report.

Servicing & Collection

You agree to allow Vartana to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Vartana 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 Vartana pursuant to these Terms of Use or any other agreement you have with us, Vartana 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.

Communication & Notification

You agree that Vartana may provide you communications about your account and any Vartana Service electronically or through phone calls 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. Vartana 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 Vartana 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, 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:

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  • a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
  • any email address you provide to us, one of our service providers, or one of our Vendors,
  • automated dialer systems and automatic telephone dialing systems,
  • pre-recorded or artificial voice messages 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.

Updating Your Information

You agree that Vartana is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Vartana'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 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.

You understand and agree that Vartana may monitor or record telephone conversations you or anyone acting on your behalf has with Vartana or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Vartana may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Vartana, and Vartana does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Notwithstanding this provision, Vartana's delivery of any Disclosures governed by the Vartana E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.

Waitlist And Future Products

Vartana may offer you a chance to join a waitlist in which you will be notified about future or prospective products. An offer to join a waitlist is not a guarantee that you will be offered or that you will receive the future product. Waitlisted products, when available, may have additional limitations, restrictions, and qualifications and you may not meet those qualifications. Additionally, Vartana reserves the right to change the terms of any future product before it is offered to you. Vartana also reserves the right not to offer one or more future or prospective products at all, without providing any additional notice to you. Waitlisted products may be offered by Vartana or by one of Vartana's partners. A partner may impose additional restrictions on your ability to obtain the product.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:
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  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Use the Site to advertise or offer to sell goods and services.
  9. Engage in unauthorized framing of or linking to the Site.
  10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Sell or otherwise transfer your profile.
  15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  22. Use a buying agent or purchasing agent to make purchases on the Site.
  23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  25. Provide false, inaccurate or misleading information.
  26. 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.

  27. Use the Services to purchase:

    • Ammunition, firearms, certain firearm parts or accessories, and certain weapons or knives regulated under applicable law;
    • Narcotics, steroids, controlled substances, quasi-pharmaceuticals, or drug paraphernalia;
    • Currency in any form, including virtual and digital currency;
    • Any goods or services deemed unacceptable by Vartana, in our sole discretion;
    • You will not use the Services to make payment(s) on an existing Vartana loan(s). Unless otherwise expressly permitted by Vartana, you will not use the Services for the purpose of payment for an existing loan(s) or line of credit from another institution;
  28. Use the Services to accomplish a cash advance, wire or money transfer.
  29. Commit unauthorized use of Vartana's Website and systems including but not limited to unauthorized entry into Vartana'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

Working With Third Parties

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Vartana account, you acknowledge that Vartana may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms of Use. Further, you acknowledge and agree that you will not hold Vartana responsible for, and will indemnify Vartana from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

Site Security

We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Site, our systems and Information provided by our Users. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.

Dispute Resolution

Binding Arbitration

If a dispute arises between you and Vartana, 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 Vartana at support@vartana.com to try resolving your problem directly with us.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE VARTANA SERVICE OR THE WEBSITE.

Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in these Terms of Use, any dispute or claim relating in any way to your visit to the Website, your use of the Vartana Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to these Terms of Use or the Services that cannot be resolved directly between you and Vartana shall be resolved by binding arbitration by the American Arbitration Association ("AAA"), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in 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 these Terms of Use. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Francisco, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action 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.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Government Use

If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.

Nothing  in these Terms of Use shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.

Vartana E-Sign Consent Agreement

  1. ELECTRONIC DISCLOSURES

    In connection with the Vartana Services, Vartana is required by law to provide you with certain disclosures in writing. Without your consent, Vartana is not permitted to provide those disclosures to you online.

    ELECTRONIC DELIVERY OF COMMUNICATIONS

    "Disclosures" include, but are not limited to, (1) agreements and policies required to use the Vartana Services (e.g., these Vartana Terms, the Vartana Privacy Policy, and Financing Agreements), (2) payment authorizations and transaction receipts or confirmations, and (3) account statements, billing statements, and account histories; and (4) any other disclosures required by law regarding your legal rights and obligations relating to the Vartana Services.

    By providing your consent as set forth below ("Consent"), you agree to the following:
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    • Vartana may provide any or all Disclosures either electronically on the Vartana Website or in any Vartana App, through a hyperlink provided on the Vartana Website or in any Vartana 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 vendor to whom Vartana will send funds on your behalf, or by making them accessible via our websites or applications.
    • Vartana may, but is not required to, notify you via email or text message when the Disclosures are available and how to view them, 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 Vartana Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Vartana 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 Vartana 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.
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  2. MINIMUM REQUIREMENTS

    You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:
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    • A computer or mobile device with an Internet connection or mobile connectivity and the ability to download and run the software described in this Section 2;
    • For website-based Disclosures accessed by computer, the computer must have a current operating system and web browser (PCs should be running Windows 7 or higher and Microsoft Edge, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox);
    • For Disclosures accessed by mobile application or mobile website, the mobile device must have a current operating system and web browser (for Apple devices, the most current version of iOS or one prior, and for Android devices, the most current version of the Android operating system or one prior), and the most current version of the Vartana App(s) through which you access or use the Vartana Services;
    • A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader);
    •  A valid email address, and, if you use a spam filter that blocks or re-routes emails from senders not listed in your address book, you must permit messages from the Vartana.co domain in your spam filter;
    • A working mobile telephone number that can receive text messages; and
    • Sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
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    We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Vartana Services after receiving notice of the change is the reaffirmation of your Consent.
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  3. WITHDRAWING CONSENT.

    You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us at Vartana, Inc., Attn: Electronic Communications Delivery Policy, 548 Market Street, PMB 59708, San Francisco, CA 94104. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your Consent is effective will not be affected. If you withdraw your Consent, Vartana may close or limit access to your account and the Vartana Services. You agree to pay any amount owed to Vartana and/or the Partner Bank even if you withdraw your Consent and we close or limit access to your account.
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  4. RIGHT TO REQUEST AND RECEIVE PAPER COPIES.
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    You agree that Vartana may modify or change the methods of disclosure described herein, and that Vartana and/or the Partner Bank may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact support@vartana.com.

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  5. YOUR CONSENT TO ELECTRONIC DISCLOSURES

    Before using the Vartana Services, you may be asked for your agreement to the Vartana Terms of Service, including this Vartana E-Sign Consent Agreement, by clicking "Create Account." This action constitutes your electronic signature and manifests your Consent and agreement to this Vartana E-Sign Consent Agreement.

    If you do not provide your Consent, you may not use the Vartana Services and must discontinue your use of the Vartana Services immediately.
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Last updated August 20, 2024

Thank you for choosing to be part of our community at Vartana ("Company", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@vartana.com.

When you visit our website https://www.vartana.com (the "Website"), and more generally, use any of our services (the "Services", which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

1. What Information Do We Collect?

In Short:  We collect personal information that you provide to us and/or authorize to collect.

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.
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The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:
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Personal Information Provided by You

‍We collect, as applicable, names; phone numbers; email addresses; mailing addresses; usernames; passwords; billing addresses; debit/credit card numbers; contact or authentication data; contact preferences; SSN; EIN; bank account details; business information including company size, and business type; drivers’ license numbers, bank statements, credit card statements, your average bank balance, personal and business credit history, payment behavior, bank account information, and tax ID number; and other similar information.

If you wish to use a Service then you may be required to provide us with certain information about your business and business personnel ("Business Information"). Such information may include Personal Information about yourself or your business personnel. If you provide, or make available, any Personal Information about any business personnel you must first notify them and obtain their consent to disclose such information to us. Your participation in the Service is optional and you at all times have the choice of choosing whether to provide any Personal Information. Please be aware though that any failure to provide requested information may preclude your business from being approved to obtain funding from us. Vartana currently uses Plaid Inc. (“Plaid”) to gather data from financial institutions. By using our service, you grant Vartana and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

Purchases

The Service may include the option to purchase certain products or services from us (for example, to obtain funding). If you choose to make a purchase, we (or one of our affiliated companies) will require sufficient information from you to complete the transaction. Such information could include a credit card number and related account and billing information, invoice related information, and other data required to process the order. We may also update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments. We may use the tools, software or services of third-party service providers to process transactions on our behalf, in which case you acknowledge and agree to review and be bound by the terms of use and privacy policy of said third-party service provider.

Payment Data

We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system and system configuration information.
  • Location Data. We collect ID-address-based location data that tells us your current location (based on your IP address).

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources for marketing purposes.

In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.

For Canadian prospective borrowers:

You authorize us to collect, use, and disclose certain personal and business information from and about you, all in accordance with our privacy policy, and with Canada’s personal information protection and electronic documents act or any other applicable provincial or federal legislation. We may collect information from and/or disclose information to our agents, affiliates, third party service providers, credit bureaus, credit reporting agencies, other credit grantors, financing partners, and/or any person you have or propose to have financial relations with, for the purpose of confirming your identities, assessing credit worthiness in connection with financing transactions, making decisions about credit applications, monitoring, evaluating, servicing and collecting on the accounts related to the granting of any credit, and responding to inquiries about credit applications and you. You consent to us establishing and maintaining a file of personal information and acknowledge that we may retain any personal information obtained as part of the application process whether or not the requested credit is granted.

See also below for Canada Rights.

2. How Do We Use Your Information?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
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We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:
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  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Microsoft, Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  • To post testimonials. We may post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@vartana.com and be sure to include your name, testimonial location, and contact information.
  • Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
  • To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "What are your privacy rights" below).
  • Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
  • For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

3. Will Your Information Be Shared With Anyone?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
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We may process or share your data that we hold based on the following legal bases:
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We use the information we collect or receive:
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  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

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More specifically, we may need to process your data or share your personal information in the following situations:
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  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

4. Do We Use Cookies And Other Tracking Technologies?

In Short: We may use cookies and other tracking technologies to collect and store your information.
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Cookies: We use cookies and similar tracking technologies, (collectively, “Cookies”) to collect and use personal information about you, including to serve interest-based advertising. Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites, or to work more efficiently, as well as to provide reporting information. Cookies set by the website owner (here, Vartana) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. such as advertising and analytics).

We use first party and third party Cookies for several reasons. Some Cookies are required for technical reasons in order for our Website to operate and we refer to these as “essential” or “strictly necessary” cookies. Other Cookies enable us to track and target the interests of users to enhance the experience on our Website. Third parties serve Cookies through our Website for advertising, analytics and other purposes.

Web Beacons: We may also use other similar technologies from time to time, like web beacons (also referred to as “pixel tags” or “clear gifs”) that permit us, for example, to count users who have visited our Website pages or opened an email and for other related Services statics.

We may share your information with Google Analytics and LinkedIn Analytics to track and analyze the use of the Services.

Google Analytics: To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. For more informationon the privacy practices of Google, please visit the Google Privacy & Terms page.

LinkedIn Analytics:  To opt-out of LinkedIn’s use of your information, visit https://www.linkedin.com/help/linkedin/answer/62931?trk=microsites-frontend_legal_privacy-policy&lang=en. For more information on the privacy practices of LinkedIn, please visit LinkedIn Analytics’ Privacy Policy.

5. Is Your Information Transferred Internationally?

In Short: We may transfer, store, and process your information in countries other than your own.
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Our Website servers are located in the United States and our third party service providers and partners operate around the world but with our data stored in the United States. The Services are hosted and operated in the United States (“U.S.”) through us and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to us in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store and process your information to and in the U.S., and possibly other countries.

6. How Long Do We Keep Your Information?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
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We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). Actual retention periods vary depending on services and products. We use the following criteria to determine retention periods: (a) as needed to provide our services and products to you, and (b) as needed for auditing purposes, troubleshooting problems or to assist with investigation enforcing our polices, and to comply with any legal requirements. No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. How Do We Keep Your Information Safe?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.
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We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

8. Do We Collect Information From Minors?

In Short: We do not knowingly collect data from or market to children under 18 years of age.
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We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@vartana.com.

9. What Are Your Privacy Rights?

In Short: In some regions, such as Canada, and in California you have rights that allow you greater access to and control over your personal information. You may review, change or terminate your account at any time.
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For California, see California Privacy Notice below.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:
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  • Log in to your account settings and update your user account.


Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies:You have the right to decide whether to accept or reject cookies.  You choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website.
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Opting out of Interest-Based Advertising and Tracking:  In some instances, you can opt-out of receiving interest-based online ads from us, third party advertisers and ad networks. We do not control third parties' collection or use of your information to serve interest- based advertising. Advertisers and ad networks that are members of the Network AdvertisingInitiative (NAI) or who follow the Digital Advertising Alliance’sSelf-Regulatory Principles for Online Behavioral Advertising provide opt-out choices at NAI Website, http://www.networkadvertising.org/mobile-choice and DAA Website.

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Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
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  • Contact us using the contact information provided.

10. Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. Do California Residents Have Specific Privacy Rights?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

California Privacy Notice

This Privacy Notice for California Residents applies solely to the personal information of individuals who reside in the State of California (“Covered Individuals”). We have provided this Privacy Notice for California Residents (“CCPA Notice”) to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice. It explains what personal information we collect, where we collect it from, what we use it for, who we disclose it to, how long we keep it, the rights California residents may have, and how to exercise them. Covered Individuals include those California residents from whom we collected personal information as a business.
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Please note that the CCPA and this disclosure, do not apply to information covered by federal and state privacy laws, including the Gramm-Leach Bliley Act (“GLBA”), the Fair Credit Reporting Act (“FCRA”) and certain other laws.
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If you are a job applicant, employee, or contractor, you may contact us at info@vartana.com for additional information about our privacy practices.

Categories of personal information we collect

We have collected the following categories of personal information in the past twelve (12) months:
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Category Examples Collected
Identifiers Contact details, such as real name, business name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name YES
California Customer Records (Cal. Civ. Code § 1798.80(e)) Telephone number, address, bank account details, bank statements, tax returns, etc. YES
Personal information categories listed in the California Customer Records statute Name, date of birth, social security number, contact information, education, employment, employment history and financial information YES
Financial Information Bank account online login information, bank account numbers, bank account details including transaction history, routing numbers and/or debit card numbers and credit card numbers that you link to your Vartana account or you give us when you use the Services. YES
Protected classification characteristics under California or federal law Gender and date of birth YES
Biometric information Fingerprints and voiceprints NO
Internet or other similar Network Activity Information Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements YES
Geolocation data Device location (not precise) YES
Audio, electronic, visual, thermal, olfactory, or similar information Images and audio, video or call recordings created in connection with our business activities YES
Professional or employment-related information Business contact details in order to provide you our services at a business level YES
Education Information Student records and directory information NO
Inferences drawn from other personal information Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics YES


We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
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  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.

Personal information use and disclosure policy

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
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We may use your Personal Information for our own business purposes, such as for undertaking internal research for technological development and demonstration.

Sale or Share of Personal Information

In the past 12 months, we have shared Identifiers and Internet or Network Activity Information with social networks/advertising networks, and data analytics providers to personalize, market, and advertise our products and services.  For purposes of this disclosure, “share” means sharing a consumer’s personal information with a third party for cross-contextual behavioral advertising for monetary or other valuable consideration or for the benefit of a business in which no money is exchanged.

In the past 12 months, based upon our actual knowledge, we have not “sold” Personal Information or Sensitive Personal Information relating to California residents (including minors under 16 years of age).  For purposes of this disclosure, “sold” means the disclosure of Personal Information to a business or third party for monetary or other valuable consideration. You may opt-out from the “sale” or “sharing” of your personal information by clicking here.

Your rights with respect to your personal information:

The CCPA provides California residents with certain rights to your Personal Information. These rights include:
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  • The right to know what Personal Information the business has collected about the consumer, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom the business discloses Personal Information, and the specific pieces of Personal Information the business has collected about the consumer;
  • The right to delete Personal Information that the business has collected from the consumer, subject to certain exceptions;
  • The right to correct inaccurate Personal Information that a business maintains about a consumer;
  • The right to opt-out of the sale or sharing of Personal Information by the business;
  • If the business uses or discloses sensitive Personal Information for certain reasons, the right to limit the use or disclosure of sensitive Personal Information by the business; however, Vartana does not use or disclose sensitive Personal Information in a way that would trigger this right, and
  • The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA.


To exercise these rights, you can contact us by email at info@vartana.com, or by referring to the contact details at the bottom of this document.

Verification process


Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
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12. CANADIAN RIGHTS

If you are a resident of Canada, under applicable law, you may have certain rights regarding personal information we may hold about you. For instance, you have a right to request access to your personal information that we hold and to request a correction to it if you believe it is inaccurate. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required. We may require you to verify your identity before we allow you to access your personal information. Also, you may withdraw your consent to our collection, use or disclosure of your personal information. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain Services or other products or services.  To exercise these rights, you can contact us by email at info@vartana.com, or by referring to the contact details at the bottom of this document.

13. Do We Make Updates To This Notice?

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

14. How Can You Contact Us About This Notice?

If you have questions or comments about this notice, you may email us at info@vartana.com or by post to:

Vartana, Inc.
548 Market Street
PMB 59708
San Francisco, CA 94104
United States

Attention: Vartana Privacy Officer

15. How Can You Review, Update, Or Delete The Data We Collect From You?

Based on the applicable laws of your country or state, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email us at info@vartana.com.

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