PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE WEBSITE TERMS AND CONDITIONS OF USE AND ALL TERMS INCORPORATED BY REFERENCE HEREIN.IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
These Website Terms and Conditions of Use (“Terms”) apply to your access to and use of www.cash1loans.com or any other website or online or mobile application (collectively, the “Website”) of AAA Auto Title Loans, LLC dba CASH 1 (AZ), CASH 1, LLC (NV & UT), or their affiliates (“CASH 1,” “we,” “us,” or “our” ). These Terms do not alter in any way the terms or conditions of any other agreement you may have with CASH 1 for financial products and services or otherwise. If there is a conflict between these Terms and any other agreement you may have with CASH 1, then the terms of the other agreement shall control.If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to CASH 1 if you violate these Terms.
The Website is not targeted towards, nor intended for use by, anyone under the age of 18 or the age of legal majority under applicable law. If you are under such age, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
YOUR CUSTOMER ACCOUNT
Access to certain services and features of the Website may require you to create and use a customer account. You must: (a) provide accurate, truthful, current and complete information with respect to your customer account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others, restricting access to your account and not authorizing any other person to access or use the Website through your account; (d) promptly notify us if you discover or suspect any unauthorized access to your customer account or any other security breach related to the Website; and (e) take sole responsibility for all authorized and unauthorized activity that takes place with or through your customer account.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Website and all content and other materials made available on or through the Website, including, without limitation, the CASH 1 Logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof (collectively, the “CASH 1 Materials”) are the proprietary property of CASH 1 or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to access and use the Website and the CASH 1 Materials for personal use only; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Website or the CASH 1 Materials, unless otherwise authorized by CASH 1; (b) the distribution, public performance or public display of any CASH 1 Materials; (c) modifying or otherwise making any derivative uses of the Website and the CASH 1 Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the CASH 1 Materials or any information contained therein, except as expressly permitted on the Website; or (f) any use of the Website or the CASH 1 Materials other than for their intended purposes.
Any use of the Website or the CASH 1 Materials other than as specifically authorized herein, without the prior written permission of CASH 1, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“CASH 1,” “cash1loans.com,” “cash1.com,” the “CASH 1 Logo,” and any other CASH 1 product or service names or slogans contained on the Website are registered or common law trademarks of CASH 1, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CASH 1 or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing “CASH 1” or any other name, trademark or product or service name of CASH 1 without our prior written permission.In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CASH 1 and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
USER CONTENT AND CONDUCT
The Website may include interactive areas where you or other users can create, post or store content, messages, materials, data, graphics, information or other items or materials on the Website (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
User Content that is unlawful, libelous, defamatory, obscene, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule or regulation
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
Viruses, corrupted data or other harmful, disruptive or destructive files
User Content that, in the sole judgment of CASH 1, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose CASH 1 or our users to any harm or liability of any type
If you post User Content to the Website, you grant CASH 1 a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt and publish such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You further agree that you are solely responsible for your conduct while using the Website, and you agree that you will not do any of the following in connection with the Website or our users:
Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner
Access data that is not intended for you
Impersonate, or otherwise misrepresent your affiliation with, a person or entity
Invade the privacy of, obtain the identity of, or obtain any personal information about any CASH 1 customer or user of the Website
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users
Send any unsolicited commercial messages
Use the Website for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms
Circumvent or attempt to circumvent any filtering, security measures or other features
Violations of system or network security may result in civil or criminal liability.
CASH 1 takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is CASH 1 liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at CASH 1’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules. Although CASH 1 has no obligation to screen, edit or monitor User Content, CASH 1 reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Website in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website.
Any questions, comments, suggestions, materials or other information that you submit about CASH 1, our financial products and services, or our Website (collectively, “Submissions”), are non-confidential and shall become the sole property of CASH 1. CASH 1 shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, CASH 1 has adopted a policy of terminating, in appropriate circumstances and at CASH 1’s sole discretion, users or account holders who are deemed to be repeat infringers. CASH 1 may also in its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CONTROL OVER FEATURES, FUNCTIONS, AND ACCESS TO THE SERVICE
CASH 1 reserves the right to change any information, features and/or functions of the loan matching service without prior notice. CASH 1 may deny you access to all or part of the service without prior notice if you engage in any conduct or activities that CASH 1 determines, in its sole discretion, violate these Terms, the rights of CASH 1 or any third party, or is otherwise inappropriate. CASH 1 is not responsible for any errors or delays in providing the loan matching service caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.
USERS IN OTHER STATES OR COUNTRIES
Offers and services advertised on the Website may be void in some states. We maintain this Website from our corporate offices in Phoenix, Arizona, U.S.A., and make no representation that the Website or the CASH 1 Materials are appropriate or available for use in any other country.
LINKS TO THE WEBSITE AND OTHER WEBSITES
You may link to the Website, as long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link to the Website in a way that suggests any form of association, endorsement or approval on the part of CASH 1 where none exists, or link from any website that you do not own, or frame the Website on another website. We reserve the right to withdraw linking permission at any time in our sole and absolute discretion.
The Website may contain links to websites maintained by third parties (“Linked Sites”). We are not responsible for the content or privacy policies of any Linked Sites, and the existence of such links should not be considered an endorsement or recommendation by CASH 1 of those websites, any product or service offered on or through those websites, or persons associated with those websites. Your use of any Linked Site, including payment for and the delivery of goods or services from a Linked Site, is based solely on the agreement (if any) between you the Linked Site provider.
DISCLAIMERS AND LIMITATION OF LIABILITY
CASH 1 PROVIDES THE WEBSITE ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY LAW.YOU ACKNOWLEDGE THAT NEITHER CASH 1, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.CASH 1 DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT CASH 1 WILL NOT BE LIABLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE WEBSITE.TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CASH 1 WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE WEBSITE OR THE CASH 1 MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO CASH 1’S RECORDS, PROGRAMS OR SERVICES.
You will defend, indemnify and hold harmless CASH 1, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, damages, costs, liabilities and expenses, including but not limited to attorneys’ fees, arising out of your: (a) use of the Website; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Website. CASH 1 reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such claim or action.
DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CASH 1 AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and CASH 1 agree to submit any controversy, dispute or claim arising out of or relating in any way to these Terms, the Website,the products or services offered or provided by CASH 1, or any acts or omissions for which you may contend CASH 1 is liable, including but not limited to any controversy or claim as to arbitrability (“Dispute”), to final and binding arbitration, except that you and CASH 1 are not required to arbitrate: (i) any Dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, and (ii) any Dispute within the jurisdictional limits of small claims court, provided that you or CASH 1 bring such claim in small claims court. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Except as set forth above, any dispute will be resolved finally, exclusively, and confidentially by binding arbitration in front of a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered by any court of competent jurisdiction in Maricopa County, Arizona. 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 or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. This agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. EXCEPT AS PROVIDED HEREIN, THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND CASH 1 WILL BE RESOLVED BY BINDING ARBITRATION.THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS.YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.BY USING CASH 1’S PRODUCTS OR SERVICES OR THE WEBSITE, YOU CONSENT TO THESE RESTRICTIONS.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and CASH 1, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Maricopa County, Arizona. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to a Dispute as defined herein must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Amendments. We may amend these Terms by providing you with notice of any such amendments. We will provide you with notice by posting the amended Terms to the Website and by revising the “Last Updated” date at the bottom of these Terms. In our sole discretion, we may also provide you with more prominent notice of any amendments, such as via the homepage of our Website or via email. If you find any amended Terms unacceptable at any time, you must discontinue your use of the Website. By continuing to access or otherwise use the Website after any amended Terms have been posted to the Website, you agree to be bound by such amended Terms. For the avoidance of doubt, any amendment to these Terms will apply prospectively only.
Termination. CASH 1 reserves the right, without notice and in our sole discretion, to terminate your license to use the Website, and to block or prevent your future access to, and use of, the Website.
Assignment and Transfer. We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms or any additional terms, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Website to any third party without the prior written consent of CASH 1. Also, these Terms are solely for your and our benefit, and not for the benefit of any other person, except for permitted successors.
Waiver and Severability. If we fail to assert or waive any term or condition of these Terms on occasion, that action may not be interpreted as a further or continuing waiver of the same term or condition or any other term or condition in the future. Similarly, in the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement. These Terms constitute the sole and entire agreement between you and us with respect to the Website and the subject matter herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
QUESTIONS AND CONTACT INFORMATION
If you have any questions about these Terms or the practices of CASH 1, please contact us by sending a letter to: CASH 1, Attn: Compliance Department, 725 E. Covey Lane, Suite 170, Phoenix, AZ 85024. You may also email us at email@example.com or call us at (855) 504-5941.