CASH ONLINE USA TERMS OF USE
Welcome to www.cashonlineusa.com, including all its linked websites and mobile applications, collectively referred to as the “Site.” The Site is owned and operated by Cash Online USA, LLC and its subsidiaries and affiliates operating under the Cash Online USA brand (collectively referred to as “COU,” “Company,” “we,” “our,” or “us”). These Terms and Conditions will guide your use of the Site and all the Services made available through it. Your compliance with these Terms and Conditions is a requirement for your use of the Site and Services. By using our Site or any of the Services, you are agreeing to these Terms and the provisions in our Privacy Policy. These Terms and Conditions create a legal agreement between you and COU that governs your use of the Site and Services, except where the terms and conditions of a contract we enter into with you for the Services take precedence. Further information can be found in the “Additional Terms” section.
From time to time, we may make modifications, changes, or additions to these Terms and Conditions. By continuing to use the Site or Services after any such changes have been posted, you are indicating your acceptance of the modified terms. It is recommended that you regularly review this page to stay updated on any changes to the Terms and Conditions.
ELIGIBILITY
The Services provided on this website are not open to individuals who are younger than 18 years of age or who do not hold legal residency in the United States. By using the Site or applying for or utilizing any of the Services, you affirm and warrant that you are at least 18 years old or meet the minimum age requirement specified in your state, and that you are a lawful resident of the United States. Please note that not all Services are available in all regions. The final decision regarding your eligibility for particular Services will be made by COU, its affiliates, and partnering lenders.
Collection of Information
To protect both you and us, we use services provided by a third-party to help decide whether to accept transactions from personal computers, mobile phones, or other devices. The third-party service checks whether these devices have been identified with fraudulent or abusive transactions in the past, such as reported instances of identity theft, account takeovers, or malware attacks. For this purpose, a cookie file, flash storage token, or other code file may be placed on your device to identify it in the future when you visit our website or connect with our applications. On connection with our site or service, we will transmit that device identification code to the third-party’s server, along with data concerning certain technical attributes of your device such as the model, operating system, and browser version, as well as the IP address, all of which are used to confirm device identification. The third-party’s server returns a response recommending that transactions be accepted or denied, according to settings we have selected. If you set your browser or device to reject these cookies or tokens, you may not be able to conclude some transactions through our website or application. If your requested transaction is declined, or if you have questions about our use of a “device reputation” service, please contact Customer Care at 888.775.9888.
We also collect information that you supply to us through various means, such as creating or updating your account, registering to access our website, making purchases or availing our services, seeking information from us, reaching out to our customer support, or communicating with us in any other manner. This data may encompass your: name, home address, email address, telephone numbers for contacting you, Date of birth, Social Security Number, government ID numbers such as driver’s license, bank account numbers, salary/payroll data and other financial information.
When you use our site, we collect information about your use of the site through Google Analytics, a web analytics service provided by Google LLC. Google Analytics uses cookies to gather data, and you can learn more about how Google uses data by visiting their privacy policy page at “How Google uses data when you use our partners’ sites or apps” (found at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features to offer you interest-based advertisements based on your online activity. To learn more about Google Analytics, please visit Google’s website and their pages that explain Google Analytics, such as www.google.com/analytics/learn/privacy.html. If you prefer not to have your data collected by Google Analytics, you can opt-out by visiting the Google Analytics Opt-Out Browser Add-On.
CONSENT TO BE CONTACTED
By providing us with your contact information, you are giving us your express written consent to reach out to you via telephone, email, or postal mail, even if you have registered on the national Do Not Call List as administered by the Federal Trade Commission, any state-level equivalent, or the list of any other institution.
We may contact you regarding your application, loan servicing to remind you of upcoming payments, or for collections and other loan-related purposes.
By registering for an account, applying for our services, or starting an application process, you consent to receiving written notices, email messages, text messages, or phone calls from us at any phone number, email address or mailing address we have on record for you, which we may obtain from public and non-public databases that we are legally allowed to access. You also consent to the use pre-recorded or artificial voice messages and automatic telephone dialing systems when making phone calls to any telephone number associated with your account, including your mobile phone number, which may result in charges for loan or application related matters such as payment reminders, collections, and other loan-related issues. We may also reach out to other individuals who can provide updated information about your employment, location, and contact details.
You also agree that we may use third-party service providers to contact you on our behalf.
You can change your contact preferences at any time by calling 888.775.0000 or by contacting us at [email protected].
SITE SECURITY
While you may use the Site without registering, certain functionalities or areas of the Site require you to register and create a username and password. You may not share your username or password with others. You are solely responsible for (i) authorizing, monitoring, controlling access to and maintaining the confidentiality of your username and password, (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality or other concerns, and (iii) any charges or damages that may be incurred by use of your username and password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.
You acknowledge that utilizing a username and password is an appropriate form of security. You understand and agree that internet transmissions are never completely private or secure, and that any message or information you send to the Site may be read or intercepted by others, despite our efforts to secure such transmissions. Additionally, as a condition of using this site, you pledge not to take any actions with the intention of: (i) accessing data that is not intended for you; (ii) invading the privacy of, obtaining the identity of, or obtaining any personal information about any COU customer or user of this site; (iii) probing, scanning or testing the vulnerability of the site or the COU network or violating security or authentication measures; (iv) interfering with service to any user, host, or network, or disrupting our business in any manner, such as submitting a virus to the site, overloading, flooding, spamming, mail bombing, or crashing; (v) sending unsolicited mail, including promotions and advertising of products and services. Breaches of system or network security may result in civil or criminal consequences.
We employ industry standard physical, technical, and administrative security measures to protect the confidentiality and security of your personal information. However, since the internet is not a fully secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. The possibility exists that information may be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards. It is your responsibility to keep your login information secure. Please note that emails and other communications sent through our site are not encrypted.
INTELLECTUAL PROPERTY
The Site is protected by U.S. and international copyright, trademark, and other intellectual property laws. The content, which includes text, photographs, images, audio, video, and any other materials accessible or downloadable from the website (collectively known as “Content”), may not be copied, distributed, modified, reproduced, or used in any manner, except with prior written authorization from COU. Without written consent, you may not frame or use framing techniques to enclose our names, trademarks, service marks, logos, Content, or other proprietary information. You are only authorized to view and keep a copy of the website’s pages for your personal, non-commercial use. Additionally, you agree not to remove or alter any trademark or proprietary notice displayed on the website or printed pages, and to make no other modifications to documents obtained from the website, except for transacting with us.
Digital Millennium Copyright Act Notice and Copyright Infringement Claims
If you believe that your work has been used in a manner that infringes your copyright, please notify our agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are included in a single notification, a list of such works found on the website;
- Identification of the material that you believe infringes your copyright and needs to be removed, including the location of the material;
- Your contact information, including your address, phone number, and email address, so that our copyright agent may reach out to you regarding your complaint;
- A signed statement declaring the accuracy of the information you have provided, your good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law, and your declaration under penalty of perjury that you are the copyright owner or authorized to act on their behalf.
Upon receipt of this information, we will promptly remove or disable access to the infringing material. Please note that there are serious penalties for false claims of copyright infringement. If a notice of copyright infringement has been filed against you in error, you may submit a counter notification that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location of the material before it was removed or access was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification;
- Your name, address, and phone number;
- A statement indicating your consent to the jurisdiction of a federal district court in the location of your address, or if your address is outside the U.S., in any judicial district where the service provider may be found;
- A statement indicating your willingness to accept service of process from the complainant.
Notices regarding these copyright issues should be sent to:
By Mail: Cash Online USA
Attn: Legal Department
9800 Centre Parkway, Suite 568
Houston, TX 77036.
By Email: [email protected]
Please note that if you send notice of copyright infringement via email, our agent may start investigating the claim, but we must receive your signed statement by mail or as an attachment to your email before we are obligated to take action. This information should not be considered legal advice. For more information about the DMCA, please visit the United States Copyright Office website at http://www.copyright.gov/onlinesp.
Links
Please be advised that this website may have links to external sites maintained by third parties. COU is not accountable for the information or privacy practices of these sites and the inclusion of these links should not be interpreted as an endorsement or recommendation of these sites, their products or services, or any parties affiliated with them. It is important to note that other sites or webpages linked to or from this website may have their own distinct terms and conditions and privacy policies. Before visiting these linked sites, it is recommended to review and understand their respective terms and conditions and privacy policies.
Disclaimer of Warranty
We cannot guarantee that access to or use of the site or services will be uninterrupted, free from errors, or that any defects or errors will be corrected. The site, including any content or information contained within it or any service offered, is provided “as is” and “as available” with all faults (known and unknown), and with no representation or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, title, and non-infringement. We do not guarantee the accuracy, completeness, or timeliness of the information obtained through the site, and we do not guarantee that files available for download will be free of viruses, Trojan horses, or other destructive programs. You are fully responsible for implementing sufficient backup and security measures to meet your needs.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, COU and its affiliates, directors, officers, employees, agents, contractors, vendors, successors, or assigns will not be held liable for any indirect, consequential, incidental, exemplary, or punitive damages, including lost profits, related to or arising from this site, the services, or content, or from your inability to access or use any of the above, or any other errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, or failures, even if we have been notified of the possibility of such damages. Unless otherwise explicitly stated in a written agreement between you and us, our maximum liability for all claims related to or arising from this site, the services, submissions, or content, whether based on contract, tort, or otherwise, will not exceed $50 or the amount you have paid us in the past 3 months with respect to the incident that gave rise to the cause of action, whichever is greater.
Indemnification
You agree to indemnify, defend and hold harmless COU, its affiliates and its and their, directors, officers, employees, agents, contractors, vendors, successors or assigns, from any third-party claims, damages and expenses, including reasonable attorney fees, that may result from or be incurred due to your violation of these Terms or applicable laws, your Submissions, use of or access to the Site, or access by anyone using your account on the Site. We retain the right to lead or be involved, at your cost, in the examination, resolution, and defense of any such lawsuit or claim.
Law and Venue
This Site is located in the State of Delaware, and the laws of the state of Delaware will govern these Terms and your relationship with COU, without regards to any conflicts of law provisions.
Arbitration
This section contains provisions that are considered a “written agreement to arbitrate” under the Federal Arbitration Act. Both you and COU agree that this section meets the “writing” requirement of the Federal Arbitration Act, and can only be modified through mutual agreement.
Initial Dispute Resolution and Exclusions. In the event of any dispute, claim, or controversy arising from or related to the Site, Services, Content, Submissions or these Terms (collectively referred to as “Dispute”), excluding claims relating to COU’s intellectual property rights (referred to as “Excluded Dispute”), both you and COU will provide a written notice to the other party, with a description of the Dispute or Excluded Dispute and a proposed solution. COU will send the notice to you based on the most recent contact information provided. If there is no current information available, COU will not be obligated to send the notice. Your notice to COU must be mailed to:
Cash Online USA
Attn: Legal Department
9800 Centre Parkway, Suite 568
Houston, TX 77036.
For 90 days from the date of receipt of notice, you and COU will engage in discussions to try and resolve the Dispute or Excluded Dispute, however, neither party is required to resolve the Dispute or Excluded Dispute on terms they are not comfortable with.
Alternative Dispute Resolution.
Arbitration. If COU is unable to resolve the Dispute through the means described above within 60 days of receipt of the notice, either party may submit the Dispute to formal arbitration.
After 90 days have passed and as permitted by law, the Dispute will only be resolved through binding arbitration according to the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of less than $10,000, it will be heard and decided by a single neutral arbitrator, who must be a retired judge or a lawyer with at least 20 years of experience as a practicing member of the bar related to the Dispute. The arbitrator will administer the proceedings according to the AAA’s Supplementary Procedures for Consumer-Related Disputes. If the Dispute has a claimed value of over $10,000, or if COU chooses in its sole discretion to bear the costs of arbitration that exceed those for a single neutral arbitrator, it will be heard and decided by a three-member panel, with one member selected by each party and the third (chair of the panel) selected by the two appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or panel will apply the applicable law and provisions of these Terms, determine the Dispute based on the facts and law, and issue a reasoned award. You can obtain information about AAA procedures, rules, and fees by: Calling AAA at 800.778.7879. Visiting the AAA website at http://www.adr.org
The arbitrator must abide by these Terms in the same way as a court. The arbitrator can award damages and other forms of relief to the prevailing party, which may include attorney’s fees. However, it is important to note that arbitration differs from a court in several ways: (A) there is no judge or jury involved, (B) the arbitration proceedings and outcome are subject to confidentiality rules, and (C) the judicial review of the arbitration outcome is limited. Each party has the right to be represented by an attorney, at their own expense. If an in-person hearing is necessary, it will take place in the state where you resides at the time the dispute is submitted for arbitration. Each party is responsible for paying the administrative fees, arbitrator fees, and other costs according to the arbitration rules. If the rules dictate that COU must pay a greater portion or all of these fees and costs, COU has the right to elect to pay and proceed with the arbitration. Discovery will be allowed according to the arbitration rules. The arbitrator’s decision must be in writing and must state the disposition of each claim in the dispute, along with a statement of the essential findings and conclusions on which the decision and any award are based. The arbitration decision and award can be entered as judgment in a court that has jurisdiction over the parties. It is important to note that the arbitration award will not have a preclusive effect on any disputes involving non-parties, nor will a prior arbitration award involving different parties have preclusive effect in a current arbitration between the parties to this arbitration provision.
No Class Action. Disputes will be resolved through individual arbitration and cannot be combined with any other arbitration or legal proceedings involving another party. However, if a court of competent jurisdiction or an arbitrator appointed under the Arbitration subsection determines that this restriction is unjust or unenforceable, the agreement to arbitrate outlined in this Alternative Dispute Resolution section will no longer apply and the dispute must be resolved exclusively through federal or state court which have jurisdiction in the state of Delaware.
Miscellaneous
COU’s failure to exercise any rights or enforce any provisions in these Terms shall not constitute a waiver of such rights. If any part of these Terms or their application in a particular situation is deemed invalid or unenforceable, this will not impact the rest of the Terms or the application of that provision in other situations. The provisions in these Terms are valid and enforceable to the fullest extent allowed by law. These Terms represent the complete agreement between COU and you regarding your use of the Site, Services, and Content.