Last Updated: August 18, 2024

Cashably, Inc. (“Cashably”) maintains this website (“Website”) to provide general information about our company. This Terms of Use Agreement (“Agreement”) applies to all websites owned or operated by Cashably, Inc., and its affiliates and subsidiaries (“Websites” or each individually “Website”) on which this Agreement or a link thereto is displayed. This Agreement also applies to your use of any goods, facilities, or services offered through the Websites (collectively “Services”), regardless of where or how they are accessed, including but not limited to via a desktop computer or mobile device. It is important that you read the entire Agreement carefully as some provisions affect your legal rights. The Agreement includes an agreement to resolve any disputes between you and us through binding arbitration, a class action waiver, as well as other important disclaimers, warranties, and limitations on liability.

By accessing, browsing, or using the Websites, you acknowledge that you have read, fully understand, and agree to the terms of this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference, as well as any other policy, agreement, or terms incorporated into this Agreement by reference as outlined below.

Terms and Conditions:

1. Contact Information

By submitting your contact information, including your name, phone number, mobile phone number, and email address, you understand that we or a related or unrelated company may contact you by email or phone call to discuss your inquiry and you consent to this contact. You also understand that you may receive SMS/text messages from Cashably about your transaction and you consent to this contact. Message and data rates may apply. Message frequency will vary. You can opt-out of this service at any time by simply replying to our last message with “STOP”. For assistance, please contact us at [email protected].

2. Representations

All entries made by you on this Website constitute affirmative representations by you that the information provided is true and reasonable and that no information which would materially impact the truthfulness or reasonableness of the entry has been omitted.

3. Content

All content included on this Website, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is property owned or licensed to us or the owned or licensed property of our licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on this Website is our exclusive property and protected by U.S. and international copyright laws. We and our licensors expressly reserve all intellectual property rights in all Content.

4. Copyright

This Website is copyrighted, and the Content hereof must not be reproduced, distributed, modified, or otherwise used contrary to copyright law. You may not copy, use, distribute, or modify any of the contents of the Website for public or commercial purposes without prior written consent from us. However, we grant you permission to make one copy of the Content on any or all pages of this Website for personal use or reference, provided you retain all of our copyright or other proprietary notices on all such copies, and further provided that this permission shall be automatically revoked upon your violation of any of these Terms and Conditions. We do not warrant that your use of materials displayed on this Website will be free from the infringement claims of third parties.

5. Trademarks

Our name, our logo, and any other marks used on this Website to designate the origin of our information, goods, or services, are our trademarks. Any other trademarks used on this Website are the property of their respective owners.

6. No Reliance

While we endeavor to keep the information on this Website up to date and accurate, we make no warranties or representations as to the currency or accuracy of any information on this Website, and you are expressly advised not to take any action or make any decision in reliance on any statement contained on this Website. We may not be held legally responsible for any errors or omissions in the content of this Website.

7. Disclaimer of Contract

Except for these Terms and Conditions, no statement on this Website constitutes a separate contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement by us on this Website is (or shall be deemed to be) incorporated by implication, reference, or otherwise into any contract, or any employment relationship, of ours. The only terms and conditions applicable to performance by us are the terms and conditions expressly stated in a separate written agreement executed by us.

8. Limitation of Liability and Disclaimer of Warranties

Your use of this Website is entirely at your own risk. Neither we, our directors, our affiliates, nor any other party involved in creating, producing, or delivering this Website will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Website, regardless of the theory or basis upon which damages are claimed. The content and functionality of this Website is provided to you AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Some states may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

9. Damage to Property

Electronic communications, databases, and websites are subject to errors, malfunctions, tampering, and break-ins, and their use may result in damages to the user’s systems or operations. We assume no responsibility for, and shall not be liable for any damages to your computer equipment, software, or other property, even if that is caused by your access to or use of this Website or your downloading of any materials (including any text, images, video, or audio) from this Website. It is your responsibility to use appropriate measures, such as virus-detection software, to protect your information technology assets.

10. Termination

We reserve the right, without notice, and in our sole discretion, to terminate your use of this Website, and to block or prevent future access to and use of this Website if you violate any of these Terms and Conditions. Upon such termination, your right to use this Website will immediately cease. You agree that any termination of your access to or use of this Website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, if any, and all related information and files associated with it, if any, and/or bar any further access to any such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to this Website.

11. No Unlawful or Prohibited Uses

This Website may only be used for lawful purposes. As a condition to your use of this Website, you warrant to us that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Cashably with your wireless operator account profile information for the duration of the business relationship. See our Privacy Policy for how we treat your data.

12. Links to Third Parties’ Websites

This Website may contain links and interactive functionality interacting with the websites of third parties. We have not reviewed all of those third-party websites. We are not responsible for, and have no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions, and content of any such website. The links and interactive functionality for third-party websites on this Website, in no way constitute an endorsement by us of these third-party websites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

13. Cookies

A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A web beacon is a small string of code that represents a clear graphic image and is used in conjunction with a cookie.

When you visit our Website, we may use both a session and a persistent cookie. This cookie may contain information (such as a unique user ID) that is used to track your usage of our Website and in some cases, your e-mail address. A web beacon allows us to capture certain additional types of information about a visitor’s actions on a website, such as a visitor’s cookie number, the time, date, duration, and number of page views, a description of the page where the web beacon is placed, and details about any items that were purchased.

14. Mobile Privacy

We offer mobile applications (commonly known as “apps”) that allow you to provide personal information such as images of documents to us. All personal information collected by us via our mobile application is protected by our privacy policy.

15. Referral URL Retargeting

We may display interest-based ads to you using Yahoo’s Referral URL Retargeting. This sharing is subject to Yahoo’s privacy policy.

16. Facebook Custom Audience

We may display interest-based ads to you when you are using Facebook through a tool offered by Facebook called the Custom Audience Tool. We do not share any of your personal information with Facebook. The

 tool lets us convert your e-mail address to a unique number that Facebook uses to match to unique numbers Facebook generates from e-mail addresses of its users.

17. Social Media Interactions

We invite you to socialize and share your experience with us with your friends using Social Media tools such as Facebook, Twitter, Pinterest, and Instagram. If you choose to use these tools, you may be sharing certain profile elements, including your comments. This sharing is subject to each social media program’s privacy policies.

18. Reviews, Comments, Submissions, and Other Communications

We welcome your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to this Website (“User Content”) as long as the User Content submitted by you complies with these Terms and Conditions.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam,” or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.

For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork. In addition, you grant us the right to include the name provided along with the User Content submitted by you; provided, however, we shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third-party visitors to this Website. Please note that Website visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are we responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.

19. Indemnification and Defense

As a condition of the use of this Website, you agree to defend, indemnify, and hold us harmless and our respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of this Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.

20. Notices and Electronic Communications

Except as explicitly stated otherwise, any notices you send to us shall be sent by mail to Cashably, Inc., 330 E Liberty St, Ann Arbor, MI 48104, Attn: Legal Notices. In the case of notices we send to you, you consent to receive those notices and other communications by us posting notices on this Website, sending you an email at the email address you previously provided, or mailing a notice to you at your address previously provided. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on this Website or an electronic message is sent unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

21. Rules for Promotions

Any sweepstakes, contests, or other promotions (collectively, “Promotions”) made available through this Website may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

22. Miscellaneous

These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and us with respect to this Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to this Website. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

23. Dispute Resolution and Arbitration

YOU AND CASHABLY AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION, DISPUTES RELATING TO THE WEBSITES, CONTENT, OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE AAA’S CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN ANN ARBOR, MICHIGAN. THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, INCLUDING ON AN INDIVIDUAL OR CLASS-ACTION BASIS, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.

You agree that no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

You agree that any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

You agree that any dispute or cause of action arising out of or related to the Websites, Services, or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrued, or (2) when you should have known about or discovered the accrual of the dispute or cause of action through the exercise of reasonable diligence. If you do not commence a dispute or cause of action in accordance with these requirements, such cause of action is waived and permanently barred. You agree that any dispute or disagreement regarding whether your alleged dispute or cause of action is time-barred is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

24. Governing Law

This Agreement, and any disputes arising out of or related to this Agreement or the Websites, Services, or Content, is governed by the laws of the State of Michigan without regard to any conflicts of laws provisions. If any matter proceeds in court, including post-arbitration confirmation proceedings, you agree to the exclusive personal jurisdiction by, and venue in, the state and federal courts located in Washtenaw County, Michigan, and you waive any objection to such jurisdiction or venue.

25. Entire Agreement

This Agreement (including all referenced or incorporated policies, agreements, terms, and other provisions) constitutes the entire agreement between you and Cash

ably and supersedes all prior or contemporaneous oral or written agreements or other communications between you and us with respect to the subject matter hereof. In the event of a conflict between the language or terms of this Agreement and the language or terms of any policy, agreement, or terms incorporated by reference, the latter incorporated terms shall control.

26. Enforceability and Severability

If any provision of this Agreement is found to be unlawful, void, or unenforceable, you agree that such provision shall be given effect to the greatest extent possible, including that it be modified to the greatest extent possible to render it enforceable with respect to the dispute at issue and to reflect the intent of the Agreement to the greatest extent possible, and all remaining provisions and the Agreement as a whole shall remain in full force and effect.

27. Waiver Only in Writing

Cashably’s failure to enforce any right or act with respect to any breach or alleged breach by you or others of the Agreement does not constitute a waiver of any right and will not limit Cashably’s rights with respect to that breach or any subsequent breaches. No waiver by Cashably of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Cashably.

28. Opt-out Instructions

You may opt out of receiving calls, texts, and/or emails from Cashably by: (1) emailing [email protected] and stating that you no longer wish to be contacted by Cashably by phone and/or email; (2) completing a request to “Opt out of phone calls” on our Contact Us page at https://cashably.com/contact-us; (3) calling 313-656-7701 and stating that you no longer wish to be contacted by Cashably by phone and/or email; or (4) responding to any SMS, mobile, or text message you receive from Cashably and stating you no longer wish to be contacted by Cashably. If you would like a Provider, including any matched lender, to no longer contact you, please contact the Provider directly and notify the Provider that you no longer want to receive communications (calls and/or emails) from them. You agree that Cashably is not responsible for a Provider’s failure to follow your or our instructions to cease communications with you. Note that if you complete a subsequent request for or inquiry about a financial product or service on the Websites, you may resume receipt of marketing calls or texts and will need to make a new opt-out request. You may update your preferred method of contact by calling 313-656-7701.

You may opt out of receiving marketing emails from Cashably by: (1) utilizing the “Unsubscribe” link at the bottom of emails; (2) emailing a request to be unsubscribed to [email protected]; or (3) managing your email preferences at https://cashably.com/publications.

29. Contact Us

If you have any concerns about us or your use of this website, please contact us with a detailed description, and we will try to resolve it.

– Phone: 313-656-7701

– Email: [email protected]

– Mail: Cashably, Inc., 330 E Liberty St, Ann Arbor, MI 48104