Effective: January 17, 2023
The “Get Cash Advance: Borrow Money” mobile app and its owner and operator (referred to as “The App,” “we,” “us,” or “our”) offer our loan referral services (explained below) and associated content to you via The App and related technologies. All access to and use of The App is subject to the terms and conditions outlined in these Terms & Conditions of Use (subject to amendments from time to time, herein referred to as the “Terms”). By accessing, browsing, or using any aspect of The App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you are not authorized to access, browse, or use The App in any capacity.
PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER CRUCIAL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE ALLOWED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE ALLOWED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Our loan referral service (herein referred to as the “Service”) connects users with potential lenders within our network (called “Lender Partners”). To utilize the Service, you must complete an online request form (“Request Form”), which requires personal information such as your name, address, phone number, email address, social security number, bank account details, and employment information. Please review our privacy policy at Privacy Policy (“Privacy Policy”). The terms of the Privacy Policy are integrated into and considered part of these Terms of Use.
The App is not a lender and does not provide loans or make credit decisions. The App does not guarantee that any Lender Partner will offer you a loan or that any loan offer will include specific loan terms or conditions. The App also does not guarantee that the pricing, product, availability, rates, fees, or any other loan terms provided and made available by Lender Partners through the Service are the most favorable terms available in the market.
Upon submitting a Request Form, The App shares your information with our Lender Partners. By submitting a Request Form, you acknowledge and agree that you are requesting loan offers from the Lender Partners. Additionally, you consent to The App and the Lender Partners contacting you through any means (including email, telephone, SMS, and direct mail) to assist in processing your Request Form or provide information about additional offers now or in the future.
Lender Partners who receive your Request Form assess your information in real-time to determine if it meets their underwriting criteria. Lender Partners may use the information from your Request Form to conduct a credit check. This credit check could be a formal credit inquiry that leaves a record on your credit report and may impact your credit score (a “Hard Check”) or an informal inquiry that does not affect your credit (a “Soft Check”). Credit checks may be conducted through TransUnion, Equifax, or Experian (the “Big Three”) or other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX) that track consumer transactions with lending institutions. By submitting your Request Form, you consent to allow Lender Partners to review, verify, and research your information in this manner.
If a Lender Partner determines that your Request Form meets its underwriting criteria, your browser will be redirected to the lender’s website. You understand and agree that once you have been redirected to the lender’s website, The App has no further involvement in the loan application or decision process. Your interactions with the lender are subject to their privacy policy, terms of use, and other policies or terms enforced by that lender.
By submitting your Request Form, you agree to receive notifications, disclosures, and other documents and communications from both The App and our Lender Partners. If you are connected with a Lender Partner, that lender may require you to execute an electronic loan contract. This electronic loan contract will be as binding as a paper loan contract, and your electronic signature will be as valid as a physical signature on a paper loan contract.
The lender may also require you to consent to receiving all notifications regarding your loan electronically. These electronic communications may include attempts to collect a debt.
Furthermore, the lender may require you to access documents related to a loan, including your loan contract. By submitting your Request Form, you agree to this form of access.
The lender may allow you to withdraw your consent to electronic disclosures. To learn more about this process, please contact the lender with whom you were connected. However, please note that not consenting to receive electronic disclosures may affect your ability to obtain a loan from a Lender Partner.
You represent that the information you provide to The App, and ultimately, the Lender Partners, through your Request Form is accurate and truthful. If the information in your Request Form is not accurate and truthful, The App may deny, suspend, or terminate your use of the Service.
The App may change any information, features, or functions of the Service without prior notice. The App may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that The App determines, in its sole discretion, violate these Terms, the rights of The App or any third party, or are otherwise inappropriate. The App is not responsible for any errors or delays in providing the Service caused by errors in the Request Form information provided by you or by any technical problems beyond its reasonable control.
THE APP AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” The App EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE APP AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
The App MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE APP AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT. USE OF THE APP OR THE SERVICE IS AT YOUR OWN RISK.
The App, THE LENDER PARTNERS, OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE APP, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF The App OR THE LENDER PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
The App DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR LENDER. The App IS NOT AN AGENT OF YOU OR ANY PARTICIPATING LENDER. The App IS NOT INVOLVED WITH THE LENDER’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR LENDER’S UNDERWRITING CRITERIA. THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT The App WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT LENDER PARTNERS MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED FOR A LOAN WITH THEM.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF The App, THE LENDER PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As a condition of using the App or the Services, you agree to indemnify The App and the Lender Partners from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the App, including any claims alleging facts that if true would constitute a breach by you of these Terms.
The App may contain links to other websites operated by Lender Partners or other third parties. These links are provided for your convenience and reference only. The App does not operate or control in any respect any information, software, products, or services available on such third-party sites. The App’s inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and The App, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and The App are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND The App AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND The App AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, You and The App agree that a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to The App should be sent to 1125 E. Broadway #545, Glendale, CA 91205 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If The App and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or The App may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The App or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The App is entitled.
d. Arbitration Procedures
Unless you and The App agree in writing to proceed before a different arbitral body and/or arbitral rules, any arbitration between you and The App will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless The App and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA or the arbitrator. If your claim is for $10,000 or less, The App agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Arbitration Expenses
The payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) shall be governed by the AAA Rules, unless otherwise stated in this Arbitration Agreement or if the parties have a separate agreement. If the value of the relief sought is $75,000 or less, at your request, The App will cover all Arbitration Fees. If the value of relief sought exceeds $75,000 and you can demonstrate to the arbitrator that you are financially unable to pay your portion of the Arbitration Fees or if the arbitrator decides for any reason that you should not be required to pay your portion of the Arbitration Fees, The App will cover your portion of such fees. If you show the arbitrator that the costs of arbitration will be excessively high compared to the costs of litigation, The App will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be in accordance with the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, including any ruling, decision, or award by the arbitrator, shall remain strictly confidential for the benefit of all parties involved.
g. Severability
If a court or the arbitrator determines that any term or provision of this Arbitration Agreement (excluding the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace the invalid or unenforceable term or provision with one that is valid and enforceable, and which closely reflects the original intention of the invalid or unenforceable term or provision. This Arbitration Agreement will then be enforceable as modified. If a court or the arbitrator decides that any provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, the entirety of this Arbitration Agreement shall be considered null and void, unless such provisions are deemed invalid or unenforceable only in regard to claims for public injunctive relief. The remainder of these Terms will continue to be applicable.
h. Future Modifications to Arbitration Agreement
Regardless of any provision in these Terms stating otherwise, The App agrees that if it implements any future changes to this Arbitration Agreement (except for a change to the Notice Address) while you are a user of the Service, you may reject such changes by sending The App written notice within thirty (30) calendar days of the change to the Notice Address specified above. By rejecting any future modifications, you agree to arbitrate any disputes between us according to the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Please refer to our privacy policy at Privacy Policy (“Privacy Policy”). The terms of the Privacy Policy are integrated into and considered a part of these Terms of Use.
Carefully read this information. To provide you with our service, you may need to accept and use electronic signatures, records, and disclosures. By agreeing to this E-Consent Notice, The App may communicate with you electronically, including sending you electronic notices related to your interactions and transactions. By accepting this E-Consent Notice, you also agree to enter into legally binding obligations via electronic signatures, which have the same validity and binding effect as signatures on paper.
By providing your mobile phone number, you consent to receive communications via SMS from The App and its Lender Partners. These communications may consist of follow-up SMS messages with a link to your completed loan request form, payment reminders from Lender Partners, and future promotional offers.
For additional support, contact: [email protected]
Message and data rates may apply. The App will not be held responsible for any fees charged by your wireless carrier or other third parties for using this service.
Messages may be delayed or undelivered due to various factors. Carriers are not responsible for delayed or undelivered messages.
These Terms represent the entire agreement between you and The App. These Terms will be governed by the laws of California without regard to its conflict of law principles. If any portion of these Terms is deemed unenforceable under applicable law, the invalid and unenforceable provision will be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision, and the remainder of these Terms will continue in effect. Any failure by The App to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. The App may modify these Terms at any time by posting the updated terms on its website. All amended terms automatically take effect immediately upon posting.
For any questions regarding these Terms, please contact: [email protected]