Terms of Service

Last updated: December 10, 2024

1. ACCEPTANCE OF TERMS
Welcome to PPFCredit.com, a website provided by ProPartners Financial and Compeer Financial ACA/FLCA/PCA (“us,” “we,” “our,” “ProPartners,” “Compeer”). All web pages displayed on the PPFCredit.com and ppfgoapps.com domains or any subdomain are collectively referred to as the “Site.” 

These Terms and Conditions include rules applicable to ProPartners’ Site, information, content, services and software displayed on, transmitted through the Site, and govern Your use of the Site, Content, and Services. 

As a visitor to compeer.com, You should carefully read the Terms and Conditions before using our Site or the Services. You should also read our Privacy Statement set out on the Site. By using our Site or the Services You agree to be bound by these Terms and Conditions. If You are using the Site or the Services on behalf of a legal entity, You acknowledge that You have full legal authority to bind that legal entity to these Terms and Conditions. If You don’t have the legal authority to bind that legal entity, You must ensure that an authorized person from the legal entity consents to and accepts these Terms and Conditions of Service before using the Site or the Services. 

If You do not agree with the Terms and Conditions, You should not use the Site or the Services. ProPartners may update these Terms and Conditions from time to time. If such a change is made, ProPartners will post the revised Terms and Conditions on the Site. ProPartners reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. 

2. SERVICES & CONTENT
The Site includes information about products and services that are offered by ProPartners such as loans, leases, insurance, appraisals, tax and accounting services, cash management services, consulting, as well as online tools, software, calculators, and other means to requests these products and services. The Site also offers access to ProPartners Online Banking/Internet Banking services and Client Account platforms (collectively “Online Accounts”) that are hosted through integrations with third-party vendors. These secure platforms require additional steps to gain access and also contain their own, separate Terms and Conditions above and beyond these Terms and Conditions. Collectively, all items outlined in this paragraph are referred to as (“Services”). In addition, the Site also provides other information, news, event details, videos, whitepapers, case studies, e-books and other forms of information (“Content”). 

3. CONTACT INFORMATION
You may contact us by visiting the Contact page of this Site. 

4. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE, CONTENT, AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

PROPARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. PROPARTNERS MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. 

5. EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS OR OTHER LOSSES (EVEN IF PROPARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON ANY OF THE SERVICES, (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL PROPARTNERS LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED $100. 

6. DISCLAIMER OF CONTENT
ProPartners shall have the sole discretion, but not the obligation, to refuse service, monitor or remove any Content that is available on the Site or use of the Services. ProPartners expressly disclaims all responsibility or liability to You or any other person or entity for the performance or nonperformance of the Site. BY USING THE SITE, YOU AGREE THAT YOU ASSUME ALL RISK THAT MAY ARISE FROM USING THE SITE. 

7. PROHIBITED USES OF THE SITE
You agree to use the Services and Site solely to accommodate Your own needs and not to offer the Services to any third party. 

You are prohibited from violating or attempting to violate the security of the Site or Online Accounts, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with any service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing,” (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting, or (d) scraping or otherwise collecting data or information through automated means. Violations of system or network security may result in civil or criminal liability. 

Furthermore, unless you have ProPartners prior written permission, you shall not: 

  • • Alter, copy, rearrange, broadcast, rewrite, redistribute, transfer, sell, republish, modify, use for broadcast or publication in any medium, directly or indirectly, any ProPartners intellectual property, Content or any other part of the Site; 
  • • Remove, suppress, or alter the display of advertising, except where applicable law expressly grants such rights; 
  • • Frame or utilize framing techniques that involve any trademark, logo, copyrighted material, patented creations, or other proprietary information (including images, text, page layouts, or forms) of any portion of the Site; 
  • • Archive, cache, store, or incorporate into a database any Services or Content or any other part of the Site; 
  • • Decompile, reverse engineer, decrypt, disassemble, or circumvent any aspect of the Site; 
  • • Insert or introduce any malicious or otherwise unauthorized code, device, or means, or take any action that may impose an unreasonable or disproportionately large load on our infrastructure; 
  • • Use any data mining, robot, spider, cancelbot, Trojan horse, or any data gathering, scraping, indexing, or extraction method on any part of the Site; 
  • • Use the Site in a manner that violates applicable laws or regulations or violates the rights of a third party; or 
  • • Violate any of these Terms and Conditions. 

ProPartners will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. 

AGREE THAT YOU ASSUME ALL RISK THAT MAY ARISE FROM USING THE SITE. 

8. LINKS
The Services may include links to other sites on the World Wide Web. You acknowledge and agree that such links are provided for Your convenience and do not reflect any endorsement by ProPartners with respect to the provider of such linked site or the products, services, quality, reliability or any other characteristic or feature of such linked site and ProPartners is not responsible in any manner (including without limitation with respect to any loss or injury You suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or Your reliance thereon. PROPARTNERS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, You should be aware that Your use of any linked site is subject to the terms and conditions and privacy policy applicable to that site. 

9. INDEMNITY
You agree to hold harmless and indemnify ProPartners and its affiliates, officers, directors and employees from and against any claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, Your use of the Site or Services including, without limitation (a) any Content thereon, and (b) any use of the Site or Services that violates the Terms and Conditions. 

10. INTELLECTUAL PROPERTY RIGHTS PROTECTED
ProPartner Financial® is a registered trademarked owned by ProPartners. Other trademarks (words or graphics) identified with the ® or TM are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of ProPartners or the owner of such mark. Any rights not expressly granted herein are reserved. 

Information, Images, Content, and Services are the original work and authorship of ProPartners and/or original content of others reproduced by Compeer with the original author’s consent. ProPartners asserts and will protect its rights to such copyrighted material. 

To file a notice of infringement with ProPartners, please visit the Copyright page of Compeer.com. 

11. TERMINATION & DISPUTE RESOLUTION
ProPartners reserves the right to terminate Your use of the Services in appropriate circumstances if You violate these Terms and Conditions. 

You and ProPartners(the “Parties”, each a “Party”) agree to the following dispute resolution provisions of this Section 11 with respect to any claim, dispute, or controversy that you may have against ProPartners and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees, 

11.1 Class Action and Jury Waiver. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY ONLY PROCEED AS TO ANY DISPUTE IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. 

11.2 Limitation on Time to File Claim. Neither Party may bring any Action more than one year after the cause of action has arisen (or if the Action relates to multiple similar events, more than one year from the date the first such event occurred). 

11.3 Governing Law. You and ProPartners agree that this Agreement and the relationship between you and ProPartners will be governed by the laws of the State of Wisconsin without respect to its conflict of laws provisions. However, any question as to whether a Dispute is subject to the Mandatory Arbitration Provision (below) is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”). 

11.4 Venue. For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in Dane County Circuit Court, State of Wisconsin, and/or the federal court for the District Court of the Western District of Wisconsin. 

11.5 Small Claims Court Claims. Should you wish to bring claims against Compeer Financia for damages (subject to the $100 cap set out above) you and ProPartners each agree that any Dispute must be brought on an individual basis in a small claims court in Dane County Circuit Court, State of Wisconsin. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions. 

11.6 Mandatory Arbitration. If the Parties do not reach a resolution under 11.5 above, and/or You wish to appeal, you and ProPartners each agree that any Dispute must be brought on an individual basis and will be resolved exclusively by final, non-appealable, and binding arbitration (“ Arbitration”) before an arbitrator mutually selected by the Parties (the “ Arbitrator”). The Arbitrator must have experience and expertise with the subject matter of the Dispute and be a former federal or state court judge. 

11.6.1 If a Party brings an Arbitration without following the Small Claims Court Claims Process, it is grounds for dismissal, and such Party is required to pay any reasonable costs and fees of the other Party. 

11.6.2 The Parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each Party propose at least three arbitrators who meet the qualifications described in these Terms. 

11.6.3 If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the State court of Dane County, Wisconsin, orthe federal court for the District Court of the Western District of Wisconsin to appoint an arbitrator pursuant to a process whereby the court provides the Parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each Party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements of this Agreement. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. 

11.6.4 The Arbitration shall be administered pursuant to AAA’s Commercial Arbitration Rules and Mediation Procedures or other comparable rules that the parties agree to. The selection of AAA rules does not mean that AAA will administer the Arbitration or appoint the Arbitrator. 

11.6.5 The Arbitration shall be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face-to-face meeting is necessary for a fundamentally fair hearing. If the Party seeking Arbitration fails to appear at the administrative conference regardless of whether such Party’s counsel attends, the Arbitrator will administratively close the Arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference. 

11.7 Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law). 

11.8 Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this Section 11, then the court with venue pursuant to these Terms and Conditions shall have exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any dispute arising out of or related in any way to these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Wisconsin and the United States, without giving effect to any conflict of law principles. 

11.9 Intellectual Property Claims. Notwithstanding the arbitration provisions herein, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the State of Wisconsin or the United States District Court for the District of Wisconsin, and you consent to exclusive personal jurisdiction and venue in such courts. 

11.10 No Opt Out Rights. You do not have the right to opt out of the Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms of Use (including this Dispute Resolution section) is to stop using the Services and to terminate your Online Account. 

11.11 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with ProPartners. 

12. MISCELLANEOUS
The Terms and Conditions constitute the entire agreement between you and ProPartners and govern your use of the Site, Content, and Services. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and ProPartners. You also may be subject to additional terms and conditions that may apply when you use third-party content or services available through the Site or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which Copyright 2024, ProPartners Financial and Compeer, ACA. All Rights Reserved shall remain in full force and effect. The failure of ProPartners to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.