Terms and Conditions

Welcome to CashAdvance-USA. This page details the Terms and Conditions governing your use of the CashAdvance-USA website and any services we provide. The following agreement governs our relationship with you, outlines the purpose of our website, limitations of liabilities, and dispute resolution procedures and restrictions. You can find more information about our privacy and security practices and how we use your personal information on our Privacy Policy page.

AGREEMENT BETWEEN USER AND CASHADVANCE-USA - PLEASE READ

CashAdvance-USA can only be used under these Terms and Conditions. By using the Site, you indicate your agreement with these terms. If you disagree, you must stop using this Site immediately.

Disputes pertaining to this website and our services are determined by arbitration. Please see the arbitration and class action waiver provisions below.

Purpose of CashAdvance-USA

The purpose of CashAdvance-USA is to provide general information about busines funding and allow companies to apply for merchant cash advances through our company or other businesses to whom we broker deals. While funds are intended only for business use, an individual must provide their personal contact and other information when navigating our site and application process.

By submitting your information to us through CashAdvance-USA, you consent to us selling that information to third parties and to being contacted about products and services we believe you may qualify for. You also consent to our disclosure of your information to third parties so they can respond to your business funding needs.

Ownership, License, and Restrictions on Use

All text, images, icons, logos, and intellectual property on CashAdvance-USA belong to us. Users are granted a nonexclusive, nontransferable, limited license to view and use information retrieved from CashAdvance-USA provided it is for their personal, non-commercial purposes.

Links

Under no circumstance will a Covered Party (as defined below) be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if a Covered Party has been advised of the possibility of such damages, resulting from: (a) the use or inability to use the CashAdvance-USA site or services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from CashAdvance-USA; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on CashAdvance-USA; or (e) any other matter relating to CashAdvance-USA. "Covered Party" means CashAdvance-USA, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of CashAdvance-USA, its affiliates, or listees.

GOVERNING LAW AND DISPUTE RESOLUTION--ARBITRATION AND CLASS ACTION WAIVER

HOW WE AGREE TO RESOLVE DISPUTES—MANDATORY ARBITRATION OF ALL CLAIMS AND DISPUTES: THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT BINDING ARBITRATION. UNLESS YOU OPT-OUT OF THIS ARBITRATION AGREEMENT BY E-MAILING put on opt-out e-mail address here WITHIN 30 DAYS OF FIRST VISITING THE WEBSITE, YOU AND WE SHALL BE BOUND BY THIS BINDING AGREEMENT TO ARBITRATE ANY CLAIMS, AND GIVE UP ALL RIGHTS TO SEEK RELIEF IN THE COURTS EXCEPT AS PROVIDED HEREIN TO ENFORCE ANY ARBITRATION AWARD. This Agreement shall be governed by the laws of the State of Florida, and any Conflict of Law provisions thereunder.

Any disputes arising out of or related to these Terms and Conditions or the use, inability to use, performance or nonperformance of the site or any services offered through CashAdvance-USA will be resolved through binding arbitration administered by JAMS under the rules then in effect. The location for such arbitration shall be in Miami-Dade County, Florida. The parties agree to arbitrate solely on an individual basis, and that these Terms and Conditions do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Changes to Terms and Conditions

CashAdvance-USA reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of CashAdvance-USA after the posting of changes constitutes your binding acceptance of such changes. We will reflect the last time we have modified these Terms and Conditions in the ‘Last Revised’ date posted above.

Miscellaneous

You warrant that you have full authority to use CashAdvance-USA, and that your use of CashAdvance-USA will not infringe the rights of any third party or breach any applicable law or regulation. The failure of CashAdvance-USA to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Any new features that augment or enhance the then-current services on this site, including the release of new tools and resources, shall be subject to these Terms and Conditions.

Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), we will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;

  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;

  • identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;

  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;

  • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner
    complained of is not authorized by you or the copyright owner, its agent or the law; and

  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Our designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims

CashAdvance-USA

c/o Greenspoon Marder, Attention: Robby H. Birnbaum, Esq.

100 West Cypress Creek Road, Suite 700

Fort Lauderdale, FL 33309

Phone: (954) 343 6959

Email: [email protected]

SMS and Auto Dialed Calls

By entering your contact information onto the Site you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing the goods or services that we are offering. Standard text message rates and cellular data charges apply. You may opt-out by replying “stop” to any message that you receive.

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS