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Terms & Conditions


Last Updated: March 15, 2017

By accessing or using the Bread web site at www.getbread.com, including any subdomain thereof (the “Site”) or using any of the services or products (including the application for a pre-qualification rate or a loan) (the “Bread Services”) provided by Lon Operations LLC (d/b/a Bread and Bread Operations) and its affiliates or subsidiaries (collectively, “Bread”, the “Company”, “we” or “us”) on a third party merchant website or otherwise, you (“you” or the “Member”) signify that you have read, understand and agree to be bound by these terms of use (the “Terms of Use”).

In addition, you acknowledge and agree that you have read and consent to the Bread ESIGN Policy regardless of whether you are a registered member of the Bread Services or have successfully completed an application for a loan.

In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of the Bread Services. If there is a conflict between these Terms of Use and another agreement that you enter into with us that is applicable to specific aspects of the Bread Services, the other agreement shall take precedence in relation to the specific aspects of the Bread Services to which it applies.

The “In a nutshell…” summaries next to each section are for reference purposes only, may not summarize all of the rights and obligations contained in that section and are not contract terms. As such, please read these Terms of Use carefully. You should print a copy of these Terms of Use for your records.

Please note that the Terms of Use contain an arbitration provision pursuant to which the parties are agreeing to waive certain rights, including the right to sue in court, the right to a jury, and the right to participate in class proceedings.

Changes to these Terms of Use

We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. If any such changes impose additional obligations on you or if we deem any of the change to be material, we will take reasonable steps to inform you of these changes. Your continued use of the Bread Services or the Site after we have made any such changes will constitute your acceptance of the new Terms of Use.

We may change these Terms of Use. If you continue to use the Bread Services, you are agreeing to the new Terms of Use. The date on the top shows when the Terms of Use were last updated.

Eligibility

The Bread Services and this Site are intended solely for Members who are natural persons, eighteen (18) years of age or older (nineteen (19) years of age for Alabama and Nebraska, if applicable), and residents of the United States. In addition, if you have been denied a loan using the Bread Services during the preceding ninety (90) days, you are ineligible to apply for a loan using the Bread Services at such time. By using the Bread Services or accessing this Site, you represent and warrant that you are eligible to do so. We must also be able to verify your identity.

You must be eligible to apply for a loan: You must be over a certain age (generally 18) and a resident of the United States. You must not have been denied a loan using Bread on any merchant website in the last 90 days. We must also be able to verify who you say you are.

Services

The Bread Services will include an application for credit to finance the purchase of goods on our merchant partner websites. If you are approved, the financing will be available to you through a closed-end, fixed rate, unsecured installment loan with a term to be specified in the terms and conditions of your loan. The loans are issued by Cross River Bank, our bank partner (the “Bank”), who will pay the merchant on your behalf and who will use Bread’s technology to send disclosures and notices to you.

The financing for your purchase is provided through a fixed rate, closed-end, unsecured loan. The loan is issued by Cross River Bank, Member FDIC, our bank partner. Cross River Bank, Member FDIC will pay the merchant directly on your behalf.

Loan Terms

The terms of your loan with the Bank will be governed by a loan agreement that you agree to, and will be bound by, at the time you authorize a transaction on a merchant website using the Bread Services. The loan will be issued by the Bank through Bread’s technology platform once the merchant approves and fulfills your order. The interest on the amount you borrow to finance your purchase will start accruing only once the loan has been issued. Your loan may not be issued or may be cancelled for any reason, including if the Bank determines not to issue the loan or if you violate these Terms of Use.

After the loan has been issued, you will receive a notice at the email address you provided as part of your registration that will contain instructions on how to access your loan agreement.

If a loan issued to you, you will have a loan agreement with Cross River Bank. The loan agreement has important terms, which you should read. A copy of the loan agreement will also be available to you before you complete your purchase so you can decide whether to accept the loans.

Refunds and Cancellations

By accepting the final terms of the Bread Services at any merchant partner website, you are agreeing to repay to the Bank, or its assigns, the loan, based on the terms and conditions of your loan agreement, unless the loan is not issued. The loan may not be issued if the merchant partner does not fulfill the transaction or if the transaction is cancelled for any reason between you and the merchant before the merchant fulfills the transaction. A loan may also be issued for a reduced amount if some, but not all, of the products you purchased were not fulfilled by the merchant or were cancelled or returned. Once the loan has been issued, you are responsible for making the payments pursuant to your loan agreement. If a refund or cancellation is processed between you and the merchant after the loan has been issued, the merchant will notify us and the amount of your loan will be adjusted accordingly. We may rely solely on the merchant for the amount of the refund or cancellation to adjust your loan amount. Any disputes as to the adjusted amount of the loan are to be resolved between you and the merchant unless the adjusted amount of the loan is the result of an error.

If the refund or cancellation is for the entirety of the borrowed amount, you may still owe finance charges depending on when the merchant notifies us of the refund or cancellation.

Once you complete your purchase, the loan is issued to you and you are responsible for repaying your loan. If you decide to cancel your purchase or ask for a refund, you should contact the merchant. If the merchant processes your cancellation or refund, the merchant will then contact us and your loan amount will be reduced.

Repayment Methods

It is important that you make timely payments on your loan. We are here to help you with any questions on repayment methods.

You may also log into your account at the Borrower Portal at members.getbread.com or call (844) 992-7323 to make a payment via electronic fund transfer (ACH or debit card) or mail a check to:

Bread
P.O. Box 1264
New York, NY 10276

Communications and Notifications

You consent to receiving communications from us, individually and on behalf of the Bank, or any of our agents or third parties acting on our behalf either through telephone (including voice or text messaging on cellular devices), in writing through postal mail or over email.

You consent that this communication may be generated by automatic dialer systems or automatic telephone dialing systems, pre-recorded voice messages, and automatically generated text messages or emails. For any calls or text messages, your cellular or mobile telephone provider may charge you according to the type of plan you carry and you are responsible for such charges. You also agree that we may contact you at any email address you have provided to us or our merchant partners or that you may provide to the us in the future or the cellular phone number you provided to us at the time of application or any other phone number you may provide to us in the future. You agree that we may record any phone calls between you and us for quality control purposes or our own legal protection. You agree that any such communication is not unsolicited for purposes of federal or state law. If you authorize a third party to communicate on your behalf with us or our agents regarding your account with us, you agree and acknowledge that we may disclose information about your account to the third party.

If you withdraw your consent to receiving electronic communications you understand and acknowledge that we, individually or on behalf of the Bank, reserve the right to close your account and require that all payments be due immediately. You acknowledge and agree that any withdrawal of consent to receiving communications of the type described above will be separate from your Bread ESIGN Consent which will govern our ability to send you Disclosures (as defined in the Bread ESIGN Policy) required by law.

You are giving us and our representatives the right to contact you via email, text message, phone call or regular mail. These communications are important for sending payment reminders and important notices. You can opt out of these communications. However, because we need to contact you to send you important notices, we may then close your account with Bread.

Collection

You agree that we or any of our agents or third parties acting on our behalf may contact you periodically to send you reminders to pay your monthly obligations through any of the communication methods provided above. If your payments are delinquent, collection proceedings may be initiated to collect your outstanding loan amount which may include contacting you, the assignment of your loan by the Bank or its assigns to a third party collections agency, reporting negative information to the credit reporting agencies, restricting your access to the Bread Services for future purchases, or taking legal action.

You may be contacted with payment reminders. It is important that you make timely payments. Failure to make payments on time may result in fees or negative consequences to your credit history

Fees

You agree to pay a late fee of $10 if the total due payment for any given month is not received by its due date. You agree to pay an insufficient funds fee of $10 if any payment transaction is returned or fails due to insufficient funds in your account.

Identity Verification

By accessing this Site or by using the Bread Services, you authorize us to collect and store information about you and the device you are using to access the Bread Services. Please see the Bread Privacy Policy for more information. These procedures will include information that we will obtain and verify, on behalf of the Bank, pursuant to Section 326 of the USA PATRIOT ACT. You allow us to share the collected information with third party sources to help us with the verification procedures and these third parties may, as part of the procedures, need to retain your information. If we or the Bank are unable to form a reasonable belief as to your identity, we are not required to process your application or transact any business with you, and the Bank is not required to issue a loan to you.

For legal reasons, we need to verify who you say you are. We may ask for some basic information when you apply for a loan and have a third party verify this information.

Credit Investigation

You acknowledge and understand that applying for a loan using the Bread Services is an application for credit. By using the Services, you give us and the Bank permission to obtain your credit report and other information from a credit reporting agency and information from other sources in order to assess your creditworthiness. Your submission of a pre-qualification application will require a “soft” inquiry to a credit reporting agency of your credit score. Your submission of the final application will require a “hard” inquiry to a credit-reporting agency. Once you have been approved for a loan, we may obtain monitoring services from a credit reporting agency on your account to ensure that there have not been any changes to your creditworthiness. You understand and acknowledge that we may obtain any other information the Bank considers necessary to assess your creditworthiness.

By financing your purchase, you are applying for credit. As with most credit applications, we will need to obtain your credit profile information from a credit reporting agency.

Reporting

You acknowledge that we may report positive or negative information about your loan account, including your repayment histories, to credit reporting agencies.

We may report positive or negative information about you to credit reporting agencies depending on the timeliness of your repayments.

Restricted Activity

As a condition to accessing the Site or using the Bread Services, you agree that you will not:

  • Fraudulently use the information of any other person without such person’s authorization
  • Use another person’s account with Bread without such person’s authorization
  • Use the Bread Services for any illegal purpose
  • Use the Bread Services to purchase gift cards or any cash equivalent instruments
  • Provide to us or the Bank any misleading or false information, including in your application for a loan or in any of your communications, whether in writing or orally
  • Use any software, device, or technology to commit unauthorized use of the Site or disrupt the Site or the Bread Services in any way
  • Or otherwise engage in any activity that is illegal or in contravention of any agreement you have with Bread

We reserve the right, at all times, to prevent your access to the Site or to the Bread Services or cancel your account with Bread including if we have reason to believe that you have committed any of the restricted activities above.

Do not do any of the items listed to the left.

Contact Information

You agree to provide us true and accurate information at all times. You agree to keep us informed of any changes to your email address or cellular number so that you can continue to receive all Disclosures in a timely fashion. If your registered email address or cellular number changes, you must notify us of the change by sending an email to support@getbread.com or calling (844) 992-7323. You also agree to update your registered residence address in the Borrower Portal if it changes.

You agree to provide us with updates to your contact information. If your email or phone number changes, please contact us immediately.

Account Security

Your account on the Borrower Portal will include personal and sensitive information about you and your account. You agree to maintain the security of your username and password and restrict access to your account by unauthorized persons. You agree that you are fully responsible for any activity that occurs on your account in the Borrower Portal. If you have reason to believe that the security of your account has been compromised, you agree to contact us immediately by sending an email to support@getbread.com or calling us at (844) 992-7323.

You are responsible for the security and privacy of your own account. If you think your account has been compromised, please contact us immediately.

Privacy

Please review the Bread Privacy Policy that is incorporated into these Terms of Use by reference. By using the Site or the Bread Services, you are consenting to have your personal data transferred to and processed by Bread in the United States. In addition, we may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.

We take your privacy seriously. Please review our privacy policy for more details on what we do with your information.

Links to Other Web Sites and Content

The Site may contain (or you may be sent through the Site or the Bread Services) links to other web sites (including our merchant partner websites) (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites 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 Sites or any Third Party Content posted on the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies contained in the Third Party Sites or the Third Party Content. If you decide to leave the Site and access any Third Party Sites (including accessing any Third Party Content on merchant websites while you use the Bread Services), you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site.

You may come across links to other websites while using Bread, including the merchant’s website. We are not responsible for other websites or services. In particular, you should read and understand the terms of use and privacy policy of the merchant where you are buying your products.

Proprietary Rights in Site Content; Limited License

All content on the Site or used in the Bread Service, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (including “Bread” which is a trademark of the Company) (the “Bread Content”), are the proprietary property of the Company with all rights reserved. No Bread Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part. Provided that you are eligible for use of the Site and the Bread Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Bread Content solely for your use in connection with your use of the Site or Bread Service or to access any Disclosures. You may not republish Bread Content on or incorporate the information in any other database or compilation, and any other use of the Bread Content is strictly prohibited and will terminate the license granted herein.

All of the content on this website and the application belongs to Bread. You are getting a license to use to use the Bread Services and use this website for a limited purpose.

Arbitration

(a) Either party to this Terms of Use may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section on arbitration (the “Arbitration Provision”), unless you opt out as provided below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any assignee (or persons claiming through or connected with us and/or any assignee), on the other hand, relating to or arising out of these Terms of Use and/or the activities or relationships that involve, lead to, or result from these Terms of Use, including (except to the extent provided otherwise in the last sentence of Section (f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Terms of Use. Claims are subject to arbitration regardless of whether they arise from: contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

(b) You may opt-out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to Bread, 39 W. 14th Street, Suite 403, New York, New York 10011, which is effective if it is received at the specified address within 30 days of the date of your electronic acceptance of these Terms of Use. The opt-out notice must clearly state that you are rejecting arbitration; identify the Terms of Use to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send the opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt-out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.

(c) The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or JAMS. The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.

(d) If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

(e) Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.

(f) We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section (f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section (f) shall be determined exclusively by a court and not by the administrator or any arbitrator.

(g) This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

(h) This Arbitration Provision shall survive: (i) suspension, termination, revocation, closure, or amendments to these Terms of Use and the relationship of the parties and/or assignees; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of the Terms of Use to any other person or entity. If any portion of this Arbitration Provision other than section (f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section (f) are finally adjudicated pursuant to the last sentence of section (f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

In case of a dispute, you are agreeing to waive certain rights, including the right to sue in court, the right to a jury, and the right to participate in class proceedings. You may opt out of the Arbitration Provision as described in this Section.

Miscellaneous

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SITE OR THE BREAD SERVICES (INCLUDING YOUR USE OF ANY PRODUCT PURCHASED USING THE BREAD SERVICES, THE UNAVAILABILITY OF THE BREAD SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE BREAD SERVICES) AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS ON LIABILITY WILL APPLY EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE BREAD SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN ALL OTHER INSTANCES AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE BREAD SERVICES.

Warranty

WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE BREAD SERVICES OR ON THE SITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE BREAD SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEMS FAILURES THAT MAY AFFECT THE BREAD SERVICES AT ANY TIME.

Governing Law; Venue and Jurisdiction

Except and to the extent the Arbitration Provision may apply to any dispute between the parties (in which case the terms of Arbitration Provision shall apply with respect to governing law and venue), by accessing the Site or using the Bread Services, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use or your use of the Bread Services. You agree to the personal jurisdiction by and venue in the state and federal courts in New Castle County, Delaware, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Bread Services.

Indemnity

You agree to indemnify and hold Bread, its affiliates, and each of their respective directors, employees and agents harmless from and against any loss, liability, damages, costs and expenses, arising out of or in connection with your use of the Bread Services in violation of the Terms of Use.

Other

The failure of Bread or its affiliates to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The section headings used in the Terms of Use are for reference only and do not carry any legal significance. Upon our request, you will take any actions necessary to evidence your compliance with these Terms of Use. The Terms of Use are between you and Bread and these Terms of Use will not vest any rights, either on your behalf or otherwise, to any third party from your use of the Bread Services or the Site. The Bread Services and the use of the Site are only intended for residents of the United States and we do not make any representations that the Bread Services or the Site are appropriate or comply with the laws or regulations of any other jurisdiction. These Terms of Use are effective upon either party until terminated; you can terminate the Terms of Use by deleting your account with Bread and repaying all amounts owed pursuant to your account with Bread. You may not assign your rights or obligations under these Terms of Use to any other party without our prior written consent. Bread may assign its rights and obligations under these Terms of Use at any time without notice. The Terms of Use constitute the entire understanding between you and Bread and supersede all prior understandings of the parties relating to the subject matter at hand.

You agree to certain limitations on our liability to you, to indemnify us for violations of these Terms of Use, to a governing law for any disputes, and other important contract terms.

ESIGN Consent

You agree to receive electronically all disclosures, communications, notices, and other information that Lon Operations LLC (d/b/a Bread and Bread Operations) and its affiliates or subsidiaries (collectively, “Bread”, the “Company”, “we” or “us”) or Cross River Bank may send to you or be required to send to you under applicable law or otherwise (the “Bread Electronic Signature Consent”) pursuant to the terms and conditions set forth below (the “Bread Electronic Signature Policy”).

Scope of Consent

Your Bread Electronic Signature Consent applies to any transactions undertaken by you with us, Cross River Bank (the “Bank”) or any of our agents or representatives, including use of the Bread Services, any communication from us or the Bank or our representatives or agents to you, including all disclosures, communication, notices, and other information required to be given to you under applicable law, any other information required by law to be provided either before or after your loan is issued, your loan agreement, billing statements, adverse action notices, any updates to your account, in each case, pertaining to any transaction with us, the Bank or any use of the Bread Services, whether now or in the future (the “Disclosures”). Your consent will remain in effect from the time you initially use the Bread Services or access the Site until such time as your account with Bread is terminated and, once terminated, will continue until such a time as all Disclosures relevant to your account have been provided.

Means of Communication

We may send any Disclosures to you via email to the email address that you have provided (or may provide later) to us or via text message to the cellular telephone number that you have provided (or may provide later) to us. We may also post Disclosures on the Borrower Portal under your account or on the Site and will inform you of the posting of such Disclosures. You agree that Bread is not responsible for your failure to receive any Disclosures sent via text message or email that is not caused by our failure to send the Disclosure to the cellular number or email address that you would have provided to us.

Obtaining Paper Disclosures

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, mail your request to P.O. Box 1264, New York, NY 10276, identifying the specific Disclosure(s) you would like a copy of and sufficient information to verify your identity and identify the account. 

Minimum Requirements

Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described:

  • A valid working email account
  • A cellular device capable of receiving text messages
  • Access to a computer, operating system and telecommunication connection to the Internet capable of receiving, accessing, displaying and either printing or displaying information electronically. Your Internet browser must be one of the current and previous major releases of Chrome, Firefox, Internet Explorer, and Safari
  • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
  • Adobe Acrobat or equivalent software

We will notify you of any changes to these requirements that create a risk that you may not be able to receive Disclosures directly

Withdrawing Consent

You may withdraw your consent to receiving electronically the communications or information subject to your Bread ESIGN Consent at any time by contacting us via email at support@getbread.com or calling (844) 992-7323. The legal effectiveness, validity, and enforceability of all agreed to terms and conditions and any prior Disclosures will remain in effect. Any withdrawal of your consent will be effective only after we have a reasonable period of time to process your withdrawal. If you decide to withdraw your consent, your account with the Bread will be closed and your loan may become due immediately. We may also restrict your ability to apply for or obtain future loans. 

Changes to Your Contact Information

You agree to keep us informed of any changes in your email address or cellular number so that you can continue to receive all Disclosures in a timely fashion. If your registered email address or cellular number changes, you must notify us of the change by sending an email to support@getbread.com or calling (844) 992-7323. You also agree to update your registered residence address in the Borrower Portal if it changes

Acknowledging Your Ability to Access Disclosure

You agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or to your cellular number or posted on the Site.

Legal Effect

Your Bread ESIGN Consent means that any Disclosures shall have the same meaning as if provided in paper form. Any Disclosures or other communication sent to you via email or text message shall be deemed delivered once received on your device. By pressing the button “Get My Rate”, “Accept and Checkout”, “Submit”, “Confirm”, “Verify”, “I agree” or similar buttons indicating your authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. You waive any and all defenses you may have that the Bread Services, the Terms of Use, the Bread Privacy Policy or any Disclosures were supplied to you in electronic form or that your signature or agreement to the Bread Services or to the loan agreement was obtained electronically.

You are agreeing to transact business with us electronically. This means you will not receive paper copies of important notices, agreements and disclosures. By checking a box or clicking on a button, you may be providing your consent as if you had given your signature on a piece of paper.