Site Terms and Conditions ("Site Terms")

Last Modified Date: December 2018

Acceptance

The Site Terms are also available on the bottom navigation bar of each page. They protect our website from misuse. These Site Terms apply to your use of this Site. By visiting or using this Site, you accept these Site Terms. Continued use of this Site constitutes your acceptance of any revisions to these Site Terms.

Definitions

These are definitions used in this agreement. "Site" means 123.Cash. "Us" or "Our" refers to 123.Cash. "You" or "your" means the user of this Site.

Disclosures

This section provides legal disclosures about the content on 123.Cash. You accept delivery of the following disclosures that relate to information at this Site.

PATRIOT Act: Federal law requires 123.Cash to obtain, and in certain other circumstances, verify and record your name, address, date of birth and other information that will allow us to identify you when you open an account and in certain other circumstances.

Tax / Legal Advice: This Site is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.

Foreign Jurisdictions: 123.Cash products and services are available only in those jurisdictions where 123.Cash is authorized or permitted by law to promote or sell them.

Availability of Products: 123.Cash products are generally available to specific lender’s underwriting criteria. Our products are not available to active military servicemembers and their dependents and may not be available in all states. At present our products are not available in New York State.

Computer Requirements: To use this Site, you must have a personal computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with our Site. We reserve the right to change the system requirements for using this Site.

Products Offered

Our Lenders offer small dollar loans (from $100 to $2,500) to creditworthy borrowers who submit an online form for and are eligible for our loans. Borrowers receive their funds usually by the next business day following the time of completing the online form and repay the loans in installments over the term of the loan.

The term of the loan and the number and period of installments may vary from borrower to borrower based on amount of loan and other factors.

Prohibited Uses

This section explains ways you are prohibited from using this Site, including using it for your own commercial use, sending inappropriate emails, providing false information, accessing this Site if not authorized, and improperly using 123.Cash's name.

Personal Use Only: You will use the Site only for your personal, noncommercial use unless you and 123.Cash have agreed otherwise in writing. Use in connection with policies or accounts with 123.Cash in the name of your business are considered personal use.

Electronic Mail: You may not send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act.

Access: You may not use this Site in any manner that could damage or overburden any 123.Cash equipment or software. You may not use any means of systematic retrieval of data or other content from this Site. You may not obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by 123.Cash. You may not use the login information of another person, unless they specifically authorized you to do so.

False Information: You may not intentionally provide any false information when you register for this Site, submit your information for products or services from 123.Cash or complete your profile.

Endorsements: You may not use 123.Cash's name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by 123.Cash without express written permission.

Intellectual Property

This section explains how to respect the intellectual property of 123.Cash, how to report copyright infringements and how we will treat ideas you submit to us.

123.Cash Copyright: This entire Site is the copyrighted work of 123.Cash. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.

Trademarks: By providing content, we do not allow you to use trademarks referenced in this Site. You may not use any meta tags or any other "hidden text" using 123.Cash's name or trademarks without the express written consent of 123.Cash. The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of 123.Cash or other parties. Users are prohibited from using any Marks without the written permission of 123.Cash or the third party that owns the Marks.

Copyright Infringement Claims: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on this Site may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit 123.Cash to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) 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 copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by 123.Cash. Written notice must be sent to: 123.Cash, General Counsel, Daniel E. Lyford, 3255 Hwy. 316, Ste. P-136, Suwanee, GA 30042

Disclaimer of Warranties and Limitation of Liability

This section disclaims all warranties and liabilities related to this Site.

This Site is provided by 123.Cash on an "as is" and "as available" basis. To the full extent permissible by applicable law, 123.Cash disclaims all warranties, express or implied, including, but not limited to, implied warranties of Merchantability and fitness for a particular purpose.

Miscellaneous

This section describes the law that will apply, and how and where we will handle disputes. It also has provisions that help in interpreting this agreement and how it relates to other agreements you may have with us. It describes how the agreement may be changed by us and the last date it was modified.

Governing Law: These Site Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any principles of conflicts of law. Without limiting the general applicability of the arbitration provision set forth below, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state or federal courts located in Sussex County, Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Severability: If any provision of these Site Terms is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.

Waivers: Any waiver of any provision of these Site Terms will be effective only if in writing and signed by an authorized representative of 123.Cash. Any delay or omission by 123.Cash to exercise any rights under these Site Terms shall not be construed to waive any rights.

Mandatory Arbitration: If you have any dispute concerning any aspect of these Site Terms, the Website, or any of our products or services, you agree to submit your dispute for resolution by binding arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Site Terms are unenforceable. If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in the state of Delaware. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of the Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration and arbitrator fees unless the arbitrator determines that a party’s claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Site Terms do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.

Arbitration Opt-Out Procedure: You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. For new 123.Cash Users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Site Terms for the first time. You must mail the Opt-Out Notice to 123.Cash Attn: Arbitration Opt-Out [ADDRESS]. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to your 123.Cash account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Site Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

Privacy and Data Security

Federal law requires that we tell you how we collect, share and protect your personal information.

Protecting your important personal and financial information is a responsibility 123.Cash takes very seriously. We gather information on 123.Cash (through the use of cookies and information you submit) that helps us protect you, maintain the security of our website and for the purposes described below.

Types of Information We Collect

  • Previous URL you visited – for Site management, marketing
  • Transaction information you submitted on our site – for Site management, marketing, complete transactions and routine business purposes, as described in our privacy notice
  • Site navigation, pages you visited, time you spent on pages – for Site management, marketing
  • Verification of your device - Security

How We Use Your Information

  • Maintain a secure session
  • Authenticate your computer
  • Detect potentially fraudulent transactions
  • Verify transactions.

Site Management

  • Provide technical assistance
  • Tailor the content we display to you on 123.Cash
  • Resolve performance issues with 123.Cash websites
  • Improve search engine placement
  • Improve website navigation and page effectiveness

Marketing

  • Offer solutions that connect your interests and needs
  • Follow up on transactions you initiate