Welcome to Cashnsmile.com (hereinafter “Company”). The whole of these Terms & Conditions of Use is an Agreement between Company and You (hereinafter “You” and/or “Your”), as the user of this website (hereinafter “Site”) and Company’s services, and governs Your access to and use of this Site. The Site is an online network marketplace.
Residents of Arkansas, New York, Vermont and West Virginia are not eligible to utilize this website or service. The states serviced by this website may change from time to time, without notice.
If You do not agree to these terms, do not use this Site or Company’s services.
Company is not a lender or a loan provider. Nor is Company an agent, representative, or broker thereof. We do not make loans or credit decisions. This Site does not constitute an offer or solicitation to lend. Company is merely a free referral service through which consumers can connect with its network of prospective independent, third party lenders, data managers, and/or brokers (hereinafter Financial Service Providers) with whom Company has contracted to provide matching services. Company facilitates connecting consumers interested in loan amounts between $100 and $1,000 with Financial Service Providers (hereinafter “Company’s services”). Not all Financial Service Providers can provide up to $1,000.
Any compensation Company may receive is paid by a Financial Service Provider for advertising services provided. Please note that information we provide You on the Site may not meet Your particular needs and that You should seek the advice of an appropriate financial professional for an assessment of the loan information provided by Financial Service Providers. Company has no involvement or responsibility in connection with a Financial Service Provider’s use of the information that You submit, including, without limitation, if You meet loan qualification criteria.
Financial Service Providers may verify Your social security number, perform credit checks with reporting bureaus, review Your information against national consumer transaction databases and/or obtain consumer reports through alternative providers. Company does not guarantee You will be connected with a Financial Service Provider.
Company does not endorse, recommend, or guarantee the loan availability, price, product, availability, rates, fees or any other loan terms of Financial Service Providers. Nor do we guarantee that that this is the most suitable loan for You in the current marketplace. By submitting Your information to us, You expressly agree to permit Financial Service Providers to verify and investigate the information You have provided.
If You are connected with a Financial Service Provider, You understand Company is not a party to any agreement between You and the Financial Service Provider and that we have no involvement in the registration process. All loan terms are that of the Financial Service Provider. The Financial Service Provider is solely responsible for its services to You and Your communications with the Financial Service Provider are subject to such Financial Service Provider’s terms, conditions and privacy practices. You acknowledge that Financial Service Providers may retain the information You provide regardless of whether You ultimately qualify for a loan. Please direct all questions, comments, or concerns involving Your loan to the Financial Service Provider.
You are authorized by Company to use this Site and display its content, but only for Your personal, non-commercial use as provided elsewhere herein and only as permitted by law. All other uses are strictly prohibited. Such prohibited uses include, without limitation, the reproduction, duplication, copy, sale, resale, or other exploitation of any material, use, or access to this Site, for any commercial purpose.
The content, arrangement, organization, and design of this Site are protected under the copyright, trademark, and related intellectual proprietary right laws of the United States. You do not acquire any ownership in or to any such content, arrangement, organization, or design by or through Your access to this Site or use of Company’s services. Any reproduction, duplication, copy, sale, resale, or other exploitation of the content, arrangement, organization, and design of this Site is strictly prohibited.
Disclaimer of Warranties
THIS SITE AND COMPANY’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE ACCESSED AND USED AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, VERBAL OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT COMPANY’S SERVICES WILL MEET YOUR REQUIREMENTS; THAT COMPANY’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR, THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF COMPANY’S SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY THIRD PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND ACCEPTS NO RESULTING LIABILITY WHATSOEVER THEREFOR. COMPANY HAS NOT REVIEWED ANY THIRD PARTY SITES THAT MAY BE LINKED TO THIS SITE. YOUR ACCESS TO AND USE OF SUCH THIRD PARTY SITES AND ANY THIRD PARTY PRODUCTS OR SERVICES IS DONE AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY FOR ANY CLAIM ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES-WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE-IS LIMITED TO THE AMOUNT PAID BY YOU-IF ANY-FOR YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By providing your information on the Site, You are giving Your express consent to receive promotional materials from Company, Financial Service Providers and/or third party marketing partners with whom we may share Your information. You further understand that such communications may be via email, telephone/mobile device and direct mail. If You do not wish to receive such marketing materials and/or communications, You may request to be removed by using the relevant opt-out mechanism in such communications.
Third Parties and Third Party Websites
This Site may contain links to third party websites. The inclusion of links to third party websites are not an endorsement of or recommendation for such third party websites or anything contained therein. Such links to third party websites are provided for reference and convenience only. Because Company does not have control over third party websites or anything contained therein, You agree Company is not responsible or liable for Your access to or use of such third party websites. Any access to or use of such third party websites is done at Your own risk.
Your interaction with third parties, including, without limitation Financial Service Providers, along with any and all terms and conditions in conjunction therewith, are solely between You and the third party. Company is not responsible for any loss or damage of any sort incurred as the result of any such dealings.
Electronic Communications/Notices and Information Delivered Electronically
Financial Service Providers, Company and/or third party marketing partners may choose to electronically deliver all information related to its services and your requests. Financial Service Providers, Company and/or third party marketing partners’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of Financial Service Providers, Company and/or third party marketing partners.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Financial Service Providers, Company and/or third party marketing partners. This means that Financial Service Providers, Company and/or third party marketing partners may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Financial Service Providers, Company and/or third party marketing partners. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
Technical Requirements to access and retain information and notices we send or make available to you electronically, you will need:
- Internet access with 128-bit encryption
- Adobe Acrobat Reader 6 or higher
- Ability to Print From Internet Explorer 9 or higher
- Firefox version 30 or above
- Chrome version 30 or above
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Company by emailing info@Cashnsmile.com.
Disputes; Choice of Law; Venue
Any dispute arising out of Your access to or use of this Site, or Your use of Company’s services, shall be governed by the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions. Should a dispute arise out of Your access to or use of this Site, or Your use of Company’s services, Company expressly reserves the option to require You to first submit the dispute for resolution by binding arbitration before the American Arbitration Association in Los Angeles, California, in accordance with the then existing Commercial Arbitration Rules. ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. AS A RESULT, YOU WAIVE YOUR RIGHT TO ASSERT OR DEFEND YOUR RIGHTS IN COURT IN FRONT OF A JUDGE OR JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. The arbitrator shall not have the authority to award any damages which exceed the compensatory damages’ actual amount, or the authority to multiply any of the actual damages claimed. Furthermore, the arbitrator shall be prohibited from awarding any incidental, consequential, special, exemplary, or punitive damages; and You waive the right to any claim involving these prohibited damages. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Company may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Los Angeles County, California, in lieu of and despite the alternative dispute resolution provision contained herein. If You do not wish to be bound by this arbitration clause, You must notify Company in writing within ten (10) days after assenting to the terms herein or Your rejection of arbitration will not be effective. You must send such a request to: Cashnsmile.com. Your request must include Your first and last name, email address, the website address of the website You request the opt-out of, Your telephone number and the statement “I reject the arbitration clause stated in Company’s Website Terms and Conditions.” If the alternative dispute resolution provision contained herein is unenforceable or does not apply for any reason, any legal claim arising out of Your access to or use of this Site or Your use of Company’s services must be brought in the federal or state courts located in Los Angeles County, California. Notwithstanding any applicable statute or law to the contrary, You agree that any claim arising out of Your access to or use of this Site, or Your use of Company’s services, must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is forever barred.
Neither the products, services, nor underlying software of this Site may be downloaded or otherwise exported: (a) into (or to a national resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or, (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using Company’s services, You warrant that You are not located in, under the control of, or a national resident of, any such country or on any Restricted List.
You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all liability, loss, damages, expenses (including reasonable attorneys’ fees), claims, actions, suits, and proceedings arising out of or related to: (a) Your use of this Site or Company’s services; (b) Your breach of these Terms & Conditions of Use; and/or (c) any dispute between You and any third party. The provisions of this paragraph are for the benefit of Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners. Each of these individuals or entities shall have the right to assert and enforce this provision directly against You on its own behalf.
These Terms & Conditions of Use set forth the entire understanding and agreement between You and Company with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements. Company’s failure to enforce any provision of these Terms & Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Company reserves the right to modify these Terms & Conditions of Use or any additional terms that apply to this Site or Company’s services at any time. Any such modifications shall take effect immediately. Any use by you of the Site or Company’s services offered in or through the Site shall be deemed to constitute acceptance of such changes.
The failure of Company to enforce any provision in these Terms & Conditions of Use, or to exercise any right outlined herein, shall in no way be deemed as a waiver of this right or the ability to enforce any of the terms and conditions contained herein. If any provision contained in these Terms & Conditions of Use is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision shall be severed and the remaining provisions of these Terms & Conditions of Use shall remain in full force and effect.
The headings for sections contained herein are for convenience only and shall not affect the meaning of the provisions of these Terms & Conditions of Use.
Company’s Contact Information
Pursuant to California Civil Code Section 1789.3, you are advised that the provider of the Site and related service is Cashnsmile.com and can be contacted via mail at 10063 Riverside Dr., #2306, Toluca Lake, CA 91610 or via e-mail at info@Cashnsmile.com. No direct charges are imposed by the Site and related service. If You have a complaint with the services provided on the Site or wish to request further information, please contact us at the address set forth herein. If the issue is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.