Terms of Service

Rev. 01/22/14

YOUR USE OF THIS WEBSITE ("SITE") INCLUDING YOUR SUBMISSION OF PERSONAL INFORMATION AND AN APPLICATION TO BE MATCHED WITH A LENDER ("SERVICE") IS GOVERNED BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY. YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSION OF AN APPLICATION TO BE MATCHED WITH A LENDER, CONSTITUTES YOUR AGREEMENT AND ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT SUBMIT AN APPLICATION TO BE MATCHED WITH A LENDER AND DO NOT USE THE SITE.

1. Agreement

Your use of the Site constitutes your agreement to these Terms of Service ("Agreement"). By using the Site and submitting an application to be matched with a lender, you agree and acknowledge that you have read these Terms of Service and agree to be bound by its terms and conditions. To the extent that you do not understand any terms of these Terms of Service, you are instructed to seek legal advice and by using the Site and submitting an application to be matched with a lender, you warrant that you have done so or decided not to do so. Your use of this Site for any illegal purpose or in any manner inconsistent with these terms of service is expressly prohibited by law, and may result in civil and criminal penalties. CashSameDay.com ("Cash Same Day" or "we") reserves the right to prosecute any and all violators to the maximum extent of the law.

By submitting an Application on our Site, you agree and acknowledge that: (a) you are submitting an inquiry to us about loan products offered by lenders participating in our network of payday lenders ("Lenders"), (b) we will share your information with Lenders, pursuant to our Privacy Policy, and (c) you allow Lenders to review and verify your information, including, without limitation, using your social security number to perform a credit check and comparing your information against national databases of consumer financial information to determine whether you qualify to receive a loan from Lenders.

2. Eligibility Requirements

You must be at least eighteen (18) years old (or the age of majority in your state of residence) to submit an application to be matched with one or more Lenders. If you provide any false or inaccurate information in your application, at our sole discretion [and without notice to you], we may immediately terminate your application [and prohibit your use of the Site]. The Services we provide may not be available in all states and the states serviced by this Site may change from time to time and without notice to you. RESIDENTS OF GEORGIA, MASSACHUSETTS, NEW YORK, VIRGINIA, AND WEST VIRGINIA OR ACTIVE MEMBERS OF THE MILITARY MAY NOT USE THE SERVICE PROVIDED BY THIS SITE.

3. Application Process

To use the Service, you must complete and submit the application found on the Site. The application requires that you provide certain information, which may include, but is not limited to, your name, address, telephone number, date of birth, bank account information, requested loan amount, social security number, employer name and contact information. By submitting the application, you represent and warrant that the information you provide is accurate and truthful. If you submit false or inaccurate information, we may, in our sole discretion [and without notice to you], deny the application and prohibit you from using the Site and Service. We reserve the right to refuse Service to anyone, in our sole discretion, with or without cause.

4. Lender Review Process

You agree and acknowledge that Cash Same Day is not an agent for you nor any Lender. We do not endorse the products or services of any particular Lender. We are not involved with a Lender's review process or decision about whether you qualify for a loan from a Lender.

If one or more Lenders approve you for a loan, we will provide you the Lender name(s) and contact information or redirect your browser to the Lender(s) website(s). Once we send you the Lender information or redirect you the Lender(s) website(s), we have no further involvement in the loan application process (except as described in the Substitute E-mail Address Section below). Your subsequent communications with the Lenders is subject to the Lender's terms of use, privacy policy and any other Lender policies.

You agree and acknowledge that Lenders who review your application may keep your information for their own business and marketing purposes, whether or not you qualify for a loan with them and may contact you at a later time to offer you products and services. YOU ALSO AGREE AND ACKNOWLEDGE THAT THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU AND CASHSAMEDAY IS NOT LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE FOR YOUR SUBMISSION OF AN APPLICATION OR SUBSEQUENT APPROVAL OR DENIAL OF A LOAN FROM A LENDER.

You agree and acknowledge that cash transfer times vary for each Lender and may also depend on your financial institution. Repayment terms vary for each Lender and you may not qualify for ninety (90) day terms. Some Lenders may require that you fax them documents. If you have questions or concerns regarding a cash advance or a payday loan, then you must contact that Lender directly.

5. Email Protection Service

When we submit your application to Lenders, we may provide the Lender with a substitute e-mail address for you to reduce the potential of unwanted e-mails and spam. We will provide you with the substitute e-mail address we create for you and forward any legitimate e-mails related to your application or loan for [six] months after the date of your application. You agree and acknowledge that through this substitute e-mail address, we may have access to information regarding any loan made to you by a Lender or other correspondence sent to you by a Lender. At our sole discretion, we may also provide Lenders with the e-mail address you provided on your Application.

6. License/Limitations of Use

This Agreement provides you a revocable, non-exclusive, royalty-free and non-transferable license to use this Site. You may not copy, modify, distribute, broadcast, publish, license, transfer or lease any part of this Site. You may also not use (i) any "deep link", "page scrape", "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar manual process, to access, copy or monitor any portion of this Site or to obtain any materials, documents, or information, (ii) attempt to obtain unauthorized access to any portion of this Site, including, without limitation, an applicant's account or any other systems or networks connected to this Site or to any of our servers by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any user of the Site (v) impose an unreasonable or disproportionately large load on the infrastructure of this Site or our systems or networks or any systems or networks connected to the Site, (vi) use any device or software to interfere with the proper usage of this Site or any transaction conducted on the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an illegal manner or in a manner that could damage, disparage, or otherwise cause us damage. WITHOUT LIMITING THE FOREGOING, YOU ARE PROHIBITED FROM COPYING OR REPRODUCING ANY PROGRAMS, SERVICES, PRODUCTS, INFORMATION, OR ANY MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION.

7. CASH SAME DAY IS NOT A LENDER/NO RESPONSIBILITY OR LIABILITY

CASH SAME DAY IS NOT A LENDER AND DOES NOT MAKE LOANS, CASH ADVANCES OR CREDIT DECISIONS. THIS SITE OR ANYTHING ON THE SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND. CASHSAMEDAY WILL SUBMIT YOUR APPLICATION TO ONE OR MORE LENDERS. WE DO NOT GUARANTEE THAT YOU WILL QUALIFY OR RECEIVE A LOAN. WE DO NOT AND CANNOT GUARANTEE THAT THE PRODUCTS, RATES, FEES OR ANY OTHER TERMS ASSOCIATED WITH ANY LOANS OFFERED AND MADE AVAILABLE BY LENDERS VIA THIS SERVICE ARE THE BEST TERMS AVAILABLE TO YOU. WE CANNOT AND DO NOT GUARANTEE THAT LENDERS PARTICIPATING IN THIS SERVICE CAN PROVIDE YOUR REQUESTED LOAN AMOUNT OR THE MOST FAVORABLE REPAYMENT TERMS.

YOU AGREE AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY DELAY OR YOUR FAILURE TO QUALIFY FOR A LOAN CAUSED BY ERRORS, INACCURACIES OR FALSE INFORMATION IN YOUR APPLICATION OR BY TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU. YOU AGREE AND ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY RELATED WITH YOUR USE OF THE SERVICE.

8. DISCLAIMER OF WARRANTIES/ RELEASE/ LIMITATION OF LIABILITY

THIS SITE, THE SERVICE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED BY CASHSAMEDAY (EACH AND COLLECTIVELY, "SERVICE INFORMATION") ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS AND OMISSIONS. IN ADDITION, WE MAY MODIFY AND/OR MAKE CHANGES TO THE SERVICE AND ANY INFORMATION PROVIDED ON THIS SITE, AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE TO YOU. YOU ASSUME THE SOLE RISK OF USING THE SERVICE AND RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, ADVERTISERS AND LENDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, RELIABILITY, LEGALITY, APPLICABILITY OR ACCURACY OF THE SERVICE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTIONS OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

YOU AGREE AND ACKNOWLEDGE THAT WE AND OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, ADVERTISERS AND LENDERS OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHICH YOU MAY INCUR, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, THE SERVICE, OR ANY INFORMATION, PRODUCTS AND SERVICES YOU OBTAIN THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM A BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.

YOU WILL INDEMNIFY, DEFEND AND HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY YOU, YOUR HEIRS OR SUCCESSORS ARISING OUT OF OR RELATED TO ANY VIOLATION OF FEDERAL, STATE OR LOCAL LAWS RELATING TO ANY LOAN THAT YOU RECEIVE THROUGH THE SERVICE OR YOUR INTERACTIONS WITH ANY LENDER REFERRED TO YOU BY YOUR USE OF THE SERVICE.

YOU ABSOLVE AND RELEASE US AND OUR LENDERS FROM ANY CLAIM RESULTING FROM A CAUSE BEYOND OUR OR THE LENDERS' CONTROL, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC OR MECHANICAL FAILURE OF COMMUNICATION LINES, TELEPHONE, INTERNET OR OTHER PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, ERRORS, WHETHER CAUSED BY SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.

Some jurisdictions do not allow disclaimer of certain warranties or conditions or limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, breach of implied terms, or incidental or consequential damages. Consequently, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

9. Termination

We may stop (either temporarily or permanently) providing Service to you (or any features of the Service) or terminate this Agreement, at any time and without notice to you if: (a) you breach any term or provision of this Agreement, (b) we are required by law, (c) we believe, in our sole discretion, that you committed fraud with respect to your use of the Service, (d) the Lender or other business partner with whom we offer the Service to you has terminated its relationship with us, (e) we no longer provide the Service to customers in the jurisdiction in which you reside or (f) for any reason, in our sole discretion. Termination will be effective without notice to you.

10. Governing Law/Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. All disputes arising out of or related to this Agreement will be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration hearings and all meetings pursuant to this section shall be held in [Los Angeles County], California and judgment on the arbitration award may be entered into any court of competent jurisdiction in [Los Angeles County], California. No arbitrator shall have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages nor award consequential, punitive or exemplary damages, and each party irrevocably waives any claim to any such damages. This Agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration or claims of any non-party, regardless of the nature of the issues involved.

THE TERMS OF THIS SECTION PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. BY USING THE SERVICE, YOU AGREE AND ACKNOWLEDGE THAT YOU GIVE UP YOUR RIGHT TO GO TO COURT OR HAVE JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AGAINST US.

IF ANY PROVISIONS OF THIS SECTION ARE FOUND TO BE INAPPLICABLE OR UNENFORCEABLE, YOU AGREE THAT JURISDICTION OVER AND VENUE OF ANY SUIT SHALL BE EXCLUSIVELY IN THE STATE AND FEDERAL COURTS OF [LOS ANGELES COUNTY], CALIFORNIA. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL FOREVER BARRED.

11. General Provisions

This Agreement, including the Privacy Policy of this Site, constitutes the entire agreement between you and us with respect to your use of the Service. No waiver by either party of any breach or default is a waiver of any preceding or subsequent breach or default. Section titles are for reference purposes only and do not define or limit the scope such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent breaches. If any term of this Agreement is held invalid by a court, such invalidity shall not affect the enforceability of any other provision and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and any section of the Agreement may be assigned by us, in our sole discretion; to a third party but you may not assign your obligations to any other person or entity.