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Terms of Use

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THE CASH ONLINE USA WEBSITE. BY ACCESSING AND USING THE CASH ONLINE USA WEBSITE AND MOBILE APPLICATION, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE LISTED BELOW. IF YOU DO NOT AGREE TO THIS TERMS OF USE, THEN YOU SHOULD NOT USE THE CASH ONLINE USA WEBSITE OR MOBILE APPLICATION, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

  1. Your Acceptance of this Terms of Use

The words “we”, “us” and “our” mean Cash Online USA and its affiliates (collectively “Cash Online USA”). This Terms of Use (“Terms of Use”) is a binding agreement between you and us regarding your access to and use of the Cash Online USA’s website and mobile application (collectively “Website”) and the products and services (collectively “Services”) available on the Website. Each time you use the Website, you signify your unconditional acceptance to these terms and conditions of use (“Terms”) and agree to comply with all applicable laws and regulations.  In this Terms of Use, any reference to the Website includes all the Website’s contents (including all documents, text, graphics, images, video, and other elements available on the Website) and the design, structure and look and feel of each element of the Website contents and the Website as a whole.

  1. Changes to the Terms

We, at our sole discretion may make changes or modifications to the Terms at any time and from time to time, without any prior notice. The updated Terms are effective immediately upon posting on the Website. Your continual use of the Website after the updates, signify your unconditional acceptance of such changes.

  1. Eligibility

The Website may be used only by individuals who are legal residents of the United States and are 18 years of age and over. BY USING THE WEBSITE AND SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE A LEGAL RESIDENT OF THE UNITED STATES AND ARE AT LEAST 18 YEARS OF AGE.

  1. Privacy

By using the Website, you consent to the Cash Online USA Privacy Policy as updated from time to time. You understand and agree that we may collect and save information about you or the device you use to access the Website.

  1. Identity Verification and Reporting

Upon your submission of an application and request for Services; you authorize us to verify your personal information (“Personal Information”) which may include without limitation, your personally identifiable information, your address, government issued identification card, income, employment, assets, payment history, debts, collection activity and other information that may be required during the processing of your application. You understand that the verification process may be ongoing, and we may be required to share your Personal Information with consumer reporting agencies and other third parties.

  1. Marketing Communications Consent

By providing your contact information, you are giving your express written consent for us, our service provider and other third parties to contact you even if you have opted into the National Do Not Call Registry operated by the Federal Trade Commission or other similar registries and databases. We may contact you in any way, such as by telephone, mobile, SMS text message (message and data rates may apply), email or mailing addresses that we have on file in our database or other such databases that we have lawful access to. You are also consenting to the use of prerecorded/artificial voice messages and/or automatic dialing devices.

  1. Consent to Conduct Business Electronically

We operate solely online through the internet, as such you must consent to transact business electronically with us. You are agreeing that we may provide all agreements, documents, disclosures, notices, statements, records and other information and communications (collectively “Communications”) to you in an electronic format. You may obtain a paper copy of your Communications by following the procedures outline below. You acknowledge and agree that you have the necessary technologies and equipment listed below to receive Communications electronically.

Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either:

    • via electronic mail
    • by the Website
    • via SMS text messages (standard rates apply)
    • to the extent permissible by laws

Hardware and Software Requirements. To access, view, sign and retain electronic Communications that we make available to you, you must have a computer or mobile device with internet connectivity and one of the following:

    • a web browser such as Internet Explorer 6.0 or 7.0 or higher, Firefox 2.0 or higher, Safari 3.1 or higher
    • a printer and a PDF reader such as Adobe® Acrobat Reader ( http://get.adobe.com/reader/)
    • enough electronic storage capacity on your computer’s hard drive or other data storage unit
    • a valid e-mail account with an internet service provider

How to Update Your Records. In order for us to provide Communications to you in a timely manner, please promptly inform us of any changes in your contact information by logging into your account and updating it or by contacting us at 1-281-566-2669. Please do not send confidential information to us via traditional e-mail, as we cannot guarantee that the transmission is secure.

Communications in Writing. All Communications that we provide to you, either in electronic or paper format, will be considered “in writing.” Please download and print any Communications that may be of importance to you.

Requesting Paper Copies. You may obtain a paper copy of any Communication we provide to you electronically by printing it yourself or by requesting that we mail you a paper copy. Requests for paper copies must be made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us at customerservice@cashonlineusa.com. There is no charge associated with requesting paper copies of Communications.

How to Withdraw Consent. You may withdraw your consent to receive Communications electronically at any time by sending us an e-mail at customerservice@cashonlineusa.com. A withdrawal of your consent to receive Communications electronically will be effective only after we have had a reasonable amount of time to process your request.

Law. You acknowledge and agree that your consent to transact electronic business is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and your state’s UETA law.

  1. Permitted and Prohibited Use of the Website

Subject to this Terms of Use and all applicable laws, you may only use the Website for your lawful personal use. Use of the Website for any other purpose or in any other manner is strictly prohibited.

You agree that you will not:

    • use the Website in any manner or for any purpose except as expressly permitted by these Terms;
    • use the Website for a commercial or business purpose, on behalf of, or for the benefit of, any other person;
    • attempt to circumvent the navigational structure, delivery systems or display of the Website;
    • use the Website in a way that interferes with or disrupts the security and functionality;
    • license, sub-license, grant, sell, copy, distribute, publish, distribute, exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person;
    • index, crawl, cache, or otherwise collect or mine data from the Website, using any technologies, tools or methods (including robots, spiders, crawlers or programs); or
    • authorize, assist, encourage or enable any other person to do any of the foregoing.
  1. Ownership of Website

Cash Online USA® all rights reserved. The Website, technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by us and our licensors and are protected by United States and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.

  1. Intellectual Property Claims

We respect the intellectual properties of others, as such, if you believe that any contents on the Websites infringes upon your copyright, please contact us and provide the following information:

    • Identify the intellectual property that you claim is infringing upon your rights
    • The location of the contents on the Website that is subject to the claim
    • Your contact information such as telephone number, email address and mailing address and
    • A signed affidavit stating that you have in good faith investigated and believe that the intellectual property in question is not lawfully authorized by the copyright owner and you are authorized to act on the copyright owner’s behalf.
  1. Restrictions/Changes/Termination

The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). We, in our sole discretion, may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond our control, all without notice or liability to you or any other person. If we terminate your permission to use the Website for any reason, then these Terms will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters.

  1. Linked Sites

This Website may provide links or references to other websites operated by independent third parties. We have no control over the data, contents or privacy policy of such websites; any links should not be considered an endorsement or recommendations of such websites or any products and services they may offer. WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES, AND YOU ACCESS, DEAL WITH, AND YOUR USE OF LINKED SITES ARE AT YOUR OWN RISK. WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING REGARDING ANY LINKED SITE. WE DO NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.

  1. Arbitration and Waiver of Class Action Rights

This section contains the binding arbitration provision and a waiver of class action rights (collectively “Arbitration Provision”), between you and us. You and us, both mutually agree that any claims and disputes arising under or relating to the Website and Services, between you and us, shall be resolved exclusively by arbitration in the state of Texas. You also agree that the decision of the arbitrator shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction over the dispute.

Facts About Arbitration. Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court before a judge or jury, and (b) agree, instead to submit their disputes to a neutral third person, (an “Arbitrator”) for a decision.

Non-judicial Dispute Resolution. You acknowledge and agree that by accepting this Arbitration Provision:

    1. YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JUDGE OR JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US;
    2. YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL RESOLVE ANY DISPUTE ALLEGED AGAINST US; AND
    3. YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US.

Arbitration Procedures. You or we may initiate the arbitration process by sending each other a written notice, through certified mail return receipt requested, of intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. If either you or we don’t submit to arbitration following a lawful demand, the one who fails to so submit bears all costs and expenses (including attorney’s fees) incurred by the other in compelling arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) or such other administrator, as both of us may mutually agree, according to the Commercial Arbitration Rules and the Consumer Arbitration Rules (“AAA Rules”), to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision. You may obtain a copy of the rules and procedures by contacting the AAA at www.adr.org or by calling 1.800.778.7879.

Waiver of Class Action Rights. You agree that all disputes and claims against us, shall be resolved by arbitration and only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.

Small Claims Tribunal. You and we will retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.

  1. GENERAL DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES IS MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY CASH ONLINE USA TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF CASH ONLINE USA.

  1. LIABILITY EXCLUSIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CASH ONLINE USA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, VENDORS, MEMBERS, MANAGERS, SUCCESSORS AND ASSIGNS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO THE WEBSITE OR SERVICES, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF CASH ONLINE USA, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Cash Online USA and its directors, officers, employees, agents, representative, contractors, vendors, members, managers, successors and assigns from and against all third parties claims resulting from your use of the Website and Services or your breach of this Terms of Use and violations of any applicable laws.

  1. Severability

If any provisions within this Terms of Use is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be changed or modified to best accomplish the intent of the original provision and the remainder of this Terms of Use shall continue in full force and effect.

  1. Governing Law

This Terms of Use constitute a contract between you and Cash Online USA and is governed by the laws of the state of Delaware. Any claims or cause of action you may have with your use of the Website and Services must be commenced within one (1) year after the claim or cause of action.

  1. Complete Agreement

These Terms of Use constitutes the entire agreement between you and Cash Online USA regarding your use of the Website and Services. This Terms of Use may not be modified except as set out in Section 2 above. Services advertised on or available through the Website are governed by other applicable agreements.