Terms & Conditions

Home Terms & Conditions

Last modified: 8/15/25

Overview

These terms and conditions (“Terms” or “Terms & Conditions”) set forth the terms and conditions that apply to your access and use of the websites (including, the Caribou Site), online functions, products, and services (including, Caribou Products and Services) made available to you by Caribou Financial, Inc., its subsidiaries Caribou Insurance Services, LLC and Caribou Insurance Associates, LLC, and any future companies related to the Caribou brand that may offer additional products and services (individually and collectively, “Caribou,” “we,” “us,” “our”). You can access Caribou’s products and services and certain third party’s products and services offered through Caribou (collectively, “Caribou Products and Services”) through www.caribou.com, www.gocaribou.com, any third-party website or application that links to information from Caribou, and any phone, email, text message, and additional website made available by Caribou that allows you to access Caribou Products and Services (collectively, the “Caribou Site”). These Terms & Conditions apply to all users of the Caribou Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

To use the Caribou Site and to obtain any Caribou Product and Service, you must agree that you read, understand, and agree to be bound by these Terms & Conditions, the Electronic Communications Consent, the Privacy Policy, and all other agreements with Caribou. Your agreement to the Electronic Communications Consent means that all of these agreements are effective and binding on you just as if you had signed the document with pen and ink and you agree all communication with you related to Caribou, the Caribou Site, and any Caribou Product and Service may be in electronic form.

These Terms & Conditions include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.

If you do not agree to all of these Terms & Conditions, then do not access or use the Caribou Site, do not register with Caribou, and do not apply for or use any Caribou Product and Service. Taking any of these actions means that you agree to these Terms & Conditions. Your continued access or use of the Caribou Site shall be deemed your acceptance of the Terms & Conditions in place at that time.

SECTION 1

Eligibility

By agreeing to these Terms & Conditions, you represent that you are a United States resident, located in the United States, and at least the age of majority in your state of residence (or in the District of Columbia, if you reside there). No one located outside the United States or under the age of 18 may use the Caribou Site or a Caribou Product and Service.

Caribou reserves the right to refuse service to anyone for any reason at any time, unless otherwise prohibited by law. If you violate any of these Terms & Conditions, or violate any other agreement with us, we may, in addition to other remedies, with or without notice, immediately terminate your registration to, and/or disconnect you from, the Caribou Site and/or prohibit you from using or accessing the Caribou Site and any Caribou Product and Service.

SECTION 2

Privacy

Caribou’s Privacy Policy, Financial Privacy Notice, Your California Privacy Rights, and any applicable lender’s or insurer’s privacy policy and related documents explain how the personal information you provide on this website is used and protected by Caribou and/or such lender or insurer when you use the Caribou Site. By agreeing to these Terms & Conditions, you agree that you have read these documents and consent to the sharing of any information consistent with them.

SECTION 3

Accuracy of Information Provided to Caribou and Caribou’s Lending Partners

You agree to provide Caribou and our lending partners with current, complete, and accurate information. This obligation applies to all information you provide to us and our lending partners, whether directly or indirectly, including any information: about your identity; on your application(s); and you otherwise provide when using Caribou Products and Services or the Caribou Site. You also agree to promptly update us with any information that stops being accurate, including your phone number, home address, email address and your vehicle and its condition, so that we can appropriately complete your transactions and contact you as needed.

If any information you provide to us or our lending partners is untrue, inaccurate, not current, or incomplete, for any reason, you agree to be liable to us and/or our lending partners for any and all losses that occur in reliance on the information provided. We also reserve the right to stop processing any pending applications and restrict your use of the Caribou Site and Caribou Products and Services.

SECTION 4

Caribou Products and Services

Caribou is not a lender. Caribou facilitates the auto-loan refinance process for consumers by partnering with a vast network of lending partners.  By submitting an application to Caribou, you represent that you have read, understand and agree to the following. If a joint application is filed, the following applies to each of the applicants equally:

  • As stated in Section 3 above, you must provide Caribou and our lending partners with complete and accurate information to confirm your identity. 
  • You may withdraw your application at any time prior to executing a loan agreement.
  • By submitting an inquiry or application to Caribou, you represent that you have read, understand and agree to the Credit Report Authorization.
  • Caribou does not guarantee that a lending partner will make you an offer to refinance your loan, or that a lending partner will approve your application to refinance. Loans are only available to residents of states where Caribou and/or our lending partners operate. Offers are not available in Maryland (MD), Nebraska (NE), Nevada (NV), and West Virginia (WV).
  • Caribou is not a lender, and does not make credit decisions on refinance applications. For applications that are submitted to lending partners, they will evaluate the application based on their credit guidelines. For any applications denied, the Lending Partner will mail you a Notice of Adverse Action within the amount of time permitted by law.
  • Caribou and Caribou’s lending partners may retain your loan application information to comply with certain federal and state laws and regulations or for other lawful purposes.
  • Caribou does not charge any application or other out of pocket fees. Your new loan may include processing fees, title transfer fees, state fees, or other charges, which vary by lender and by state. You’ll receive an itemized breakdown of fees in your lender agreement to review before finalizing your contract.
  • From time to time, Caribou may, at its discretion, have certain promotional programs. Any promotional email will include a disclosure with criteria required to be eligible for the promotional program.
  • Caribou reserves the right to modify or discontinue products and benefits at any time without notice. Participating lenders, rates, and terms are also subject to change at any time without notice.

Insurance products are offered through Caribou Insurance Services, LLC, Caribou Insurance Associates, LLC, and other third parties. For certain products, Caribou may refer you to third parties to offer products through their licensed agents.

Caribou Products and Services are available exclusively through the Caribou Site. We reserve the right, but are not obligated, to limit the sale of Caribou Products and Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products, services, or pricing are subject to change at any time without notice, at the sole discretion of Caribou. We reserve the right to discontinue any Caribou Product and Service at any time. Any offer for any product or service made on this site is void where prohibited.


If you purchase an optional product or service, such as a vehicle service contract or a guaranteed asset protection product, from a third party through Caribou or the Caribou Site, Caribou may act as an agent for the third party selling the product or service in order to send the purchase price of the product or service to the third party. Optional products are not required as a condition to refinance a loan.

Refer to https://www.caribou.com/disclosures for important disclosures related to Caribou’s Products and Services.

SECTION 5

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on the Caribou Site is not accurate, complete, or current. The material on the Caribou Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Caribou Site is at your own risk.  Further, material on the Caribou Site does not constitute tax, legal, or financial advice; users should consult their own tax, legal, and financial advisors for advice.

Occasionally there may be information on the Caribou Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, auto loan and insurance terms and concepts, pricing, promotions, offers, product charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel requests if any information on the Caribou Site or related to a Caribou Product and Service is inaccurate at any time without prior notice (including after you have submitted your request).

We undertake no obligation to update, amend, or clarify information on the Caribou Site or related to a Caribou Product and Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied should be taken to indicate that all information has been modified or updated.

The Caribou Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Caribou Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Caribou Site, as discussed above.

SECTION 6

Caribou Communications

By accepting these Terms & Conditions, you expressly give permission to Caribou and our employees, contractors, agents, representatives, affiliates, and any other person acting on behalf of Caribou (collectively, “Caribou agents”) to contact you at any telephone number, email address, mailing address, or any other form of contact you provide to Caribou or one of our marketing or other third-party partners. If the email address you provide is for an account shared by others or provided by your employer, you understand and agree that others may have access to the content of the email communications between Caribou and you. You further agree that Caribou is not liable for any disclosure of confidential information to others who have access to the email account.

You agree that Caribou and Caribou agents may contact you about any matter relating to your inquiry and/or application for a Caribou Product and Service, the marketing of a Caribou Product and Service, and any other reason described in Caribou’s Privacy Policy or other related agreement. You also agree that Caribou and Caribou agents may contact you through any means, including emails, SMS, text messages, calls using pre-recorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else, and messages may be left on your answering machine, voice mail, or text messages may be sent. Any call or contact may be on a recorded line or through a recorded messaging service. Your communications with Caribou may be monitored, recorded or reviewed by Caribou and shared with third parties for quality assurance and customer service purposes. Your use of the Caribou Site constitutes your consent to such monitoring, recording and review. Caribou may also use third party tools or technology to monitor user experience on the Caribou Site, including pages or links you click, videos you watch, mouse clicks, movements and page scrolling.  Depending on the status of your request for and/or use of a Caribou Product and Service, you may revoke your consent to any of the communications described in this paragraph by sending an email to contact@gocaribou.com or through any other means provided through the communication.

You agree that Caribou and Caribou agents may send SMS notifications to you, and you agree that you have the capability to access, view, and retain such communications. You also understand that you may incur costs to receive any phone messages, text messages, emails, or other correspondence. You agree that you are responsible for any and all charges associated with these messages, including, but not limited to, fees associated with text messaging imposed by your communications service provider.

SECTION 7

Third-Party Links, Content, Products, and Services

Certain content, products, and services available via the Caribou Site may include materials from third parties and/or may be provided or fulfilled by third parties. Third-party links on the Caribou Site may direct you to third-party websites that are not affiliated with us. In addition, you may reach the Caribou Site through your use of a third-party website. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or products and services that are offered or fulfilled by third parties. Please review carefully the third-party’s policies and practices, including without limitation their terms & conditions and privacy policies, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

SECTION 8

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Caribou Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

SECTION 9

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries or responses to request for feedback) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove Comments or other content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, discriminatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Caribou Site, a Caribou Product and Service, or any related website, product, or service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 10

Caribou Trademarks and Copyright

Caribou’s trademarks and the material accessible on the Caribou Site are proprietary to Caribou or the party that provided the material to Caribou. Caribou or the party that provided the material to Caribou retains all rights, title, and interest in the material. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any material accessible on the Caribou Site without the prior express written permission of Caribou.

SECTION 11

Copyright Complaints

If you have reason to believe that your content has been copied and/or is accessible on the Caribou Site in a way that constitutes copyright infringement, or that the Caribou Site or a Caribou Product and Service contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may send a written notification to us via email at legal@gocaribou.com or via regular mail at Caribou Financial, Inc. Attn: Legal, 1200 17th Street, Suite 200, Denver CO 80202. The notice should include the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
  • Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
  • Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SECTION 12

Prohibited Uses

You agree to abide by all applicable laws and regulations in your use of the Caribou Site and a Caribou Product and Service. In addition to other prohibitions set forth in these Terms & Conditions, you agree that you will not do any of the following with respect to the Caribou Site or a Caribou Product and Service:

  • Submit false or misleading information, including impersonating any person or entity or falsely stating or otherwise misrepresenting yourself, your age, or your affiliation with any person or entity.
  • Use the Caribou Site or a Caribou Product and Service for any illegal, unauthorized, immoral, or obscene purpose;
  • Solicit others to perform or participate in any unlawful acts;
  • Violate any international, federal, provincial, or state regulation, law, or ordinance;
  • Infringe upon or violate Caribou’s intellectual property rights or the intellectual property rights of others;
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on sex, gender, sexual orientation, religion, ethnicity, race, color, age, national origin, disability, or any other legally protected characteristic;
  • Submit content that in Caribou’s judgment is objectionable, such as content that is harmful threatening, inflammatory, discriminatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or immoral;
  • Upload or transmit viruses, worms, ransomware, or any type of malicious code that will or may be used in any way that will affect the functionality or operation of the Caribou Site, other websites, or the Internet;
  • Disturb or interfere with the operation of the Caribou Site or impede or interfere with others’ access, visitation, and/or use of the Caribou Site;
  • Collect or track the personal information of others;
  • Spam, phish, pharm, pretex, spider, crawl, scrape, or otherwise use any bots, cheats, macros, scripts, any form of autoresponder, or automated process to access, visit, capture, compile, and/or use a Caribou Product and Service or any data available through a Caribou Product and Service.

CAUTION: ANY ATTEMPT TO DO ANY OF THE ABOVE DISCUSSED PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE CARIBOU SITE OR ANY CARIBOU PRODUCT AND SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION PUNITIVE DAMAGES AND ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

SECTION 13

Limitation of Liability

YOU AGREE THAT ALL ACCESS AND USE OF THE CARIBOU SITE AND YOUR USE OF A CARIBOU PRODUCT AND SERVICE IS AT YOUR OWN RISK. IN NO CASE SHALL CARIBOU, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE CARIBOU SITE OR CARIBOU PRODUCTS AND SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE CARIBOU SITE OR CARIBOU PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CARIBOU SITE, CARIBOU PRODUCTS AND SERVICES, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE CARIBOU SITE, EVEN IF CARIBOU OR ANY THIRD PARTY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CARIBOU SHALL ALSO NOT BE RESPONSIBLE OR LIABLE TO YOU IF WE TAKE ACTION AS A RESULT OF YOUR VIOLATION OF THESE TERMS & CONDITIONS.

SECTION 14

Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of the Caribou Site and Caribou Products and Services will be uninterrupted, timely, secure, or error-free. You acknowledge and agree that Caribou’s systems are not 100% secure against every possible attack.

We do not warrant that the results that may be obtained from the use of the Caribou Site or any Caribou Products and Services will be accurate or reliable. Any information about a potential loan or other Caribou Product and Service provided prior to final agreement with our partners are estimates that are subject to change and may be different from actual amounts.

You expressly agree that your use of, or inability to use, the Caribou Site and Caribou Products and Services is at your sole risk. The Caribou Site and Caribou Products and Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 15

Indemnification

You agree to indemnify, defend, and hold harmless Caribou and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim, proceeding, demand, loss, damage, fine, penalty, interest, and expense (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with (1) your access to or use of the Caribou Site and Caribou Products and Services, (2) your breach of these Terms & Conditions or any other agreement or document they incorporate by reference, or (3) your violation of any law or the rights of a third party. These obligations survive any termination of these Terms & Conditions.

SECTION 16

Arbitration, Jury Trial Waiver, & Class Action Waiver

In the interest of resolving disputes between you and Caribou in the quickest and most cost-effective way, you and Caribou agree that all disputes related to Caribou Products and Services will be resolved by binding arbitration. “Disputes” shall have the broadest meaning possible and includes all disputes, claims, controversies, grievances, causes of action, including, but not limited to, common law claims and warranty claims, tort claims, statutory claims and, where applicable, administrative law claims, and any other matter in question arising from or relating to Caribou Products and Services, any product/goods or services sold or financed under through Caribou, any events leading up to your use of Caribou Products and Services, and the interpretation, scope, validity, or enforceability of this agreement to arbitrate . We further agree that the Federal Arbitration Act (“FAA”), not state law,  governs the interpretation and enforcement of this arbitration provision and the arbitrator shall apply Delaware law to all other matters. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.  All issues are for the arbitrator to decide, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

YOU UNDERSTAND THAT THIS AGREEMENT TO ARBITRATE IS AN IMPORTANT AGREEMENT AND THAT THE TERMS OF THIS AGREEMENT TO ARBITRATE AFFECT YOUR LEGAL RIGHTS.  BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT TO ARBITRATE INCLUDING WAIVING YOUR RIGHT TO A TRIAL BY JURY AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  IF YOU DO NOT UNDERSTAND ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT TO ARBITRATE, INCLUDING ADVANTAGES OR DISADVANTAGES OF ARBITRATION, THEN YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BEFORE AGREEING TO THESE TERMS AND CONDITIONS.

Despite the provisions of Section 16, you and Caribou both agree that nothing in the arbitration agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits under Consumer Arbitration Rule 9(b), even after filing an arbitration; (b) file a complaint with the applicable federal, state, or local agency if that action is available; or (c) file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of Caribou Products and Services or address an intellectual property infringement claim.

Any arbitration between you and Caribou will be conducted under the Consumer Arbitration Rules (“AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms & Conditions, and will be administered by the AAA. The AAA Rules and filing forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Caribou. If the terms of this arbitration agreement and the AAA Rules conflict, the terms of this arbitration agreement shall control to the extent of the conflict.  A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice“). Caribou’s address for Notice is: Caribou Financial Inc, LLC 1200 17th Street, Suite 200, Denver, CO 80202, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). You and Caribou agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Caribou may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Caribou must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Caribou agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.

The fees and costs imposed by AAA, including the Arbitrator’s fees, shall be paid in accordance with the AAA Rules and this arbitration agreement.  Caribou will consider a request to advance your  filing fees but only if you have first requested that AAA reduce or waive your fees.  The arbitration shall be conducted in the largest city in the federal judicial district where you reside, or at any other place mutually acceptable to you and us. However,  if the dispute is for $25,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; (c) by an in-person hearing as established by the AAA Rules in the in the largest city in the federal judicial district where you reside; or (d)  at any other place mutually acceptable to you and us.  If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Caribou for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Likewise, Caribou will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.  The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

YOU AND CARIBOU AGREE THAT EACH MUST BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The Parties agree to give up: (i) any right they may have to bring a class action lawsuit or class arbitration, or to participate in a class action lawsuit or class arbitration as a claimant; (ii) any right to consolidate or join any arbitration proceeding with the arbitration of others; and (iii) any right to serve as a private attorney general.  If a court of competent jurisdiction determines that this paragraph is illegal, invalid, or unenforceable, the Parties agree that this arbitration agreement shall be void in its entirety . 

You and we hereby expressly and irrevocably waive any right to a trial by judge or jury of any dispute covered by this arbitration agreement.  This waiver will remain enforceable even if any portion of this arbitration agreement is otherwise found to be unenforceable.  The Parties agree that this waiver is made knowingly, willingly, and voluntarily .

Further, unless both you and Caribou agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

If it is determined that any paragraph or provision in this arbitration agreement (other than the Class Action Waiver) is illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect that other paragraphs and provisions of this arbitration agreement and the remainder of this arbitration agreement shall continue in full force and effect as if the severed paragraph or provision had not been included.  

This arbitration agreement will survive and continue in full force and effect notwithstanding rescission, cancellation, termination, amendment, payment in full, discharge in bankruptcy, or other expiration or conclusion of your use of Caribou Products and Services or any other contract or transaction between the Parties, unless otherwise agreed to in writing by the Parties.  In addition, you understand and acknowledge that the rights afforded to us under this arbitration agreement survive any assignment of this agreement by us and that we can enforce this arbitration agreement in the event a dispute arises after assignment of this agreement.

If there is a disagreement on the interpretation of this arbitration agreement, this arbitration agreement shall be constructed to require Arbitration, rather than to defeat it, except for class actions, which the Parties agree not to arbitrate.  You and we waive the rule of construction that requires a tribunal to construe a vague or ambiguous provision against the drafting party.

If Caribou makes any future change to this arbitration provision (other than a change to the  address for Notice), you may reject the change by sending us written notice within 30 days of the change to Caribou’s address for Notice, in which case your account with Caribou will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive. If any provision of this Section 16 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.

If you do not want this arbitration agreement to apply, you may reject it by mailing us a written notice to Caribou Financial Inc, LLC 1200 17th Street, Suite 200, Denver, CO 80202, Attention: Legal Department. This rejection should include your name and contact information, describe the Caribou Products and Services that you have used, and state that you are rejecting the arbitration agreement. A rejection notice is effective only if it is signed by each person rejecting the arbitration agreement and the envelope containing any rejection notice is postmarked no more than thirty (30) calendar days after you begin using Caribou Products and Services, including using and accessing the Caribou website. Even if you reject this arbitration agreement, the class action and jury trial waivers shall remain valid and effective. If you reject this arbitration agreement, it will not affect any other provisions of the Terms and Conditions or your obligations under them.  If you do not properly reject this arbitration agreement, it will be effective as of the date you begin using Caribou Products and Services, including by using or accessing the Caribou website.

SECTION 17

Termination

The obligations and liabilities of the parties incurred within these Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use the Caribou Site and/or Caribou Products and Services, or when you cease using the Caribou Site; provided that these Terms & Conditions shall remain in effect until you stop using the Caribou Site and any Caribou Product and Service.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this Terms & Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Caribou Site or Caribou Products and Services (or any part thereof).

Even if a Caribou Product and Service or your ability to access, visit, and/or use the Caribou Site or Caribou Product and Service or any portion thereof is terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any content, and therefore copies of all information you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Caribou Site and/or Caribou Product and Service may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties. Caribou has no obligation to retain, store, or provide you with any information with regard to content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Caribou Site.

SECTION 18

Entire Agreement

These Terms & Conditions and any policies or operating rules posted by us on the Caribou Site or in respect to a Caribou Product and Service constitute the entire agreement and understanding between you and us and governs your use of the Caribou Site and Caribou Products and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to any prior versions of the Terms & Conditions). Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

In addition to these Terms& Conditions, you may enter into other agreements with us, our lending and insurance partners, and with others that will govern your use of the Caribou Site and Caribou Products and Services. If there is any contradiction between these Terms & Conditions and another agreement you enter into that is applicable to a Caribou Product and Service, then the other agreement will take precedence as it applies to that Caribou Product and Service only.

SECTION 19

Governing Law, Waiver, and Severability

These Terms & Conditions and any separate agreements whereby we provide you any Caribou Product and Service shall be governed by and construed in accordance with the laws of Delaware without regard to its provisions relating to conflict of laws. You agree to submit to the personal and exclusive jurisdiction and venue of the state of Delaware and federal courts located within the state of Delaware. 

The failure of Caribou to exercise or enforce any right or provisions of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, giving effect to the parties’ intentions as reflected in the provision to the fullest extent possible. Such determination shall not affect the validity and enforceability of any other remaining provisions, and the other provisions of the Terms & Conditions shall remain in full force and effect.

SECTION 20

Changes to Terms & Conditions

Caribou reserves the right to update, change, or replace any part of these Terms & Conditions by posting a current version on the Caribou Site without delivering any notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Caribou Site following the posting of any changes constitutes acceptance of those changes. The date of the most recent revision will appear at the top of this page. If you do not agree with these Terms & Conditions, you may not access, visit, or use the Caribou Site and any Caribou Product and Service. 

Caribou reserves the right to modify or discontinue the Caribou Site or any Caribou Product and Service at any time and for any reason without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance.

SECTION 21

Contact Information

Questions about these Terms & Conditions should be sent to us at legal@gocaribou.com.

Footer