LAST UPDATED: June 10, 2023

cashnowlending.com and its owner and operator (“cashnowlending.com”) provides our loan referral services (described below) and related content to you through our website located at cashnowlending.com (the “Site”). All access and use of our services is subject to the terms and conditions contained in these Terms and Conditions of Use (as amended from time to time, the “Terms”). By accessing, browsing, or otherwise using the Site, or any other aspect of the Service, 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 will not access, browse, or otherwise use the Site or our services.

For purposes of these Terms, “you” or “your” means the person(s) using this Site or the services offered through this Site. “We” or “us” includes EMGC Digital LLC, its service providers, clients and affiliated companies.

PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED 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 PERMITTED 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.

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site or our services. You represent that you have the capacity to be bound by these Terms, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on this Website. The date on which these Terms have been last updated will be noted immediately above this page and the revised Terms will take effect seven (7) days after their publication on this Website. Therefore, you should visit this page periodically to review any changes. Your continued use of this Website after any such changes have been made constitutes acceptance of those changes.

You acknowledge that you understand and agree to the disclosures made in our Advertising Disclosure and terms of our Privacy Policy. The terms and disclosures made in those documents are incorporated into and considered a part of these Terms by reference

We receive financial compensation from a variety of lenders, third-party lender networks, consumer financial service providers, and marketers in return for facilitating connections between you and them, sharing your information with them, and/or marketing their products and services to you. This compensation enables us to offer our services to you free of charge and generate revenue for our business. The compensation received may influence the providers you are connected with and the placement of advertisements. It is likely that you will be connected with or encounter advertisements from the highest bidding provider(s).

Our Privacy Policy outlines your rights and our responsibilities regarding your personal information. We will use your information in a manner consistent with the purposes and limitations specified in our Privacy Policy.

Our loan request service (“Loan Request Service”) acts as an online marketplace that allows you to request a loan (“Loan Request”) and attempts to connect you with prospective lenders or other creditors (“Lenders”) that may offer you a loan or other form of credit (together, “Loan”) or invite you to apply for a Loan. These Lenders may participate in our direct network of lenders or participate in other third-party lender networks we work with (together with Lenders, “Service Partners”).

To use our Loan Request Service, you must complete an online loan request form (“Loan Request Form”) that asks for certain information about you and your Loan Request. You agree that all information you provide to us is true, accurate and complete and that you will not misrepresent your identity, impersonate any third party or enter information on behalf of any third party.

As described in more detail in our Advertising Disclosure and in our Privacy Policy, your Loan Request information is passed on to our Service Partners so they choose whether to respond to your Loan Request by inviting you to apply for a Loan – or to help find a Lender willing to accept your Loan Request. Your information may also be used to otherwise market Loans to you.

If no Lenders accept your loan request, we may present you with an offer to submit another Loan Request or an offer for a different product. We reserve the right at any time after submission of your Loan Request Form to accept or decline your Loan Request for any reason in our sole discretion.

Depending on the information you submit in your Loan Request Form, we may market other consumer financial products and services (“Financial Services”) from other financial service providers (“Financial Providers”) to you and/or share your information with them or marketers so they can market Loans or Financial Services to you.

If a Lender chooses to respond to your Loan Request and/or you otherwise express interest in a Lender (eg. by clicking on an advertisement), your browser will be redirected to their website and they will likely also reach out to you by email, phone and/or SMS about your Loan Request.

You understand and agree that, once you have been redirected to a Lender or Financial Provider's website, we have no involvement in your relationship with them or any transactions you enter into with them. Your interactions with Lenders and Financial Providers are subject to privacy policy, terms of use, and other policies or terms enforced by that Lenders or Financial Provider.

We are not a lender, financial institution, loan broker or an agent of a lender, financial institution or loan broker. This Website does not constitute an offer or solicitation to lend. This website collects personal information provided by you and uses that information to connect you to third party lenders and non-lenders in our network. We do not make any credit decisions and are not involved in any credit transaction you may enter into with a Lender. All credit decisions are made by the Lender. Providing your information on this Website does not guarantee that you will be approved for a loan. Not all lenders can provide loans in the amounts advertised on the Websites. The amount of time to transfer funds may vary between lenders and may also depend on your individual financial institution. Lenders that participate in the services provided by this website do not offer loans in every state. We do not guarantee that a Lender will offer you a Loan or a Loan with your desired terms. We do not guarantee that any loan offer you receive contains the best terms or lowest rates available on the market.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF ANY LENDER CLIENTS, FINANCIAL PROVIDERS OR OTHER THIRD PARTIES.

YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS

We are not affiliated with any Lenders or Financial Providers and do not endorse any specific Lenders or Financial Providers. We are not your agent, nor are we the agent of any Lenders or Financial Providers with respect to your request. Our Loan Request Service is not designed to find you the best Loan terms. It is designed to find a Lender that is willing to offer you a loan. Any offer you receive may not be the best offer available to you. Lenders' and Financial Providers' offers may be subject to market conditions, approval and qualification. We do not guarantee that we validate or investigate the licensing, certification or other requirements and qualifications of any Lenders or Financial Providers. You acknowledge and agree that it is your responsibility to investigate any such parties.

We urge you to carefully review the terms of any Loan offers or Financial Service offers you may receive and compare all options available to you before agreeing to any specific terms. We further urge you to obtain the advice of qualified financial advisors or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. Any information we provide you is not a substitution for qualified professional advice, should not be construed as the provision of advice or recommendations and should not be relied upon as the basis for any financial decision. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any Loans or Financial Services.

You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Lenders' or Financial Provider’s products or services, including any fees that may be charged by them.

CREDIT/CONSUMER REPORTS AUTHORIZATION

By submitting a loan request on this site, you acknowledge, agree, and authorize that you are submitting a request for a loan and this loan request is a business transaction initiated by you;

your loan request and all information in it may be shown to multiple lenders and lending partners in our lender network or in other lender networks (together “Lending Partners”) in real time or over time so that one or more of them can decide whether to offer you a loan or to otherwise advertise their loan products to you; you are providing written instruction under the Fair Credit Reporting Act and other applicable laws for us and our service providers to obtain consumer reporting and other related information about you from one or more consumer reporting agencies for the purposes of determining which Service Partners (if any) to connect you with; you are providing written instruction under the Fair Credit Reporting Act and other applicable laws for our Service Partners (and their service providers) to obtain consumer reporting and other related information about you from one or more consumer reporting agencies the purposes of verifying your identity, determining whether you offer you a loan, determining how much debt you currently have in order to determine your debt-to-income ratio, and to make other prequalification or credit decisions. Your lender may disclose your loan information, including loan approval and funding status, to us.

These credit checks may be a “hard” credit inquiry that leaves a record on your credit report and may affect your credit score or could be a “soft” inquiry which that will not affect your credit score. These credit checks may be performed through the “big three” credit reporting agencies, TransUnion, Equifax, or Experian, or through other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX) that track consumer transactions with lending institutions.

Although Lenders may obtain your credit report, we do not do so and we have no involvement in that action by a Lender.

Lenders that check your credit may be required under the FCRA to provide you with certain notices relating to the credit check. You acknowledge and agree that we have no involvement with such notices.

BY USING OUR LOAN REQUEST SERVICE, YOU EXPRESSLY CONSENT TO US, LENDERS AND FINANCIAL PROVIDERS CONTACTING YOU DIRECTLY WITH OFFERS, QUOTES OR ADVERTISEMENTS VIA MAIL, TELEPHONE, TEXT MESSAGE, FAX, EMAIL, AND OTHER MEANS OF COMMUNICATION. YOU WILL VERY LIKLEY RECEIVE TELEMARKETING CALLS (INCLUDING VIA AUTOMATED DIALING SYSTEMS) AND/OR TEXTS AS A CONSEQUENCE OF USING OUR LOAN REQUEST SERVICE. THIS IS THE CASE EVEN IF YOU ARE ON THE NATIONAL DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY. CONSENT IS NOT REQUIRED IN ORDER TO PURCHASE GOODS AND SERVICES FROM US, LENDERS OR ANY FINANCIAL PROVIDERS.

YOU ACKNOWLEDGE AND AGREE THAT BY USING OUR LOAN REQUEST SERVICE, YOU HAVE ESTABLISHED A BUSINES RELATIONSHIP WITH US.

If at any time you do not wish to continue to receive communications from us, you may opt out my emailing us at info@cashnowlending.com. You acknowledge and agree that, except as provided for under applicable law, if you wish to discontinue communications from any Lenders, Financial Providers or other third-parties, you must contact them directly.

If a Lender or other Financial Provider responds to your Loan Request, you may receive an SMS from us, the Lender or a service provider that links you to the Lender's website or your application with the Lender. You may also receive other SMS messages from us, Lenders or Financial Providers in response to your Loan Request or your other expression of interest in Loans or Financial Services. You may also receive subsequent “follow up” SMS messages or future offers in response to your initial request or expression of interest.

By using our Loan Request Service, you expressly consent to receiving such messages. You further acknowledge and agree that such messages are in response to your Loan Request or your other expression of interest in Loans or Financial Services. You acknowledge and agree that message and/or data rates from your carrier may apply. Under no circumstances will we be responsible or liable for fees that your carrier or other third parties may charge you for use of this service. Messages may be delayed or undelivered for various reasons. Neither we, nor your carrier, are not liable for delayed or undelivered messages.

When you use our Loan Request Service, you expressly agree that we can save your information to allow you to more easily submit Loan Request Forms in the future – both on this Site and on other websites in our network. You can opt-out of this service by requesting that we delete your loan request information. You can do this by emailing us at info@cashnowlending.com.

When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By using our Loan Request Service, you agree to the terms and conditions of our E-Sign Consent page, which provides your consent for lenders and other service providers to provide you with certain communications, notices, disclosures, information and other materials electronically.

Our Loan Request Service may require you to submit information about your income. You may, but are not required to, disclose alimony, child support or separate maintenance income on your Loan Request Form. We do not independently verify the information you provide us about your income on our Loan Request Form. However, this information will be passed on to our Service Partners to help find a Lender willing to invite you to apply for a Loan. You acknowledge and agree that some Lenders may require that you be able to verify your income before they offer you a Loan or make you a Loan. They may do this through various means, including by requesting proof of income – such as copies of pay stubs or bank statements, or by requesting access to your banking data.

When you submit a Loan Request on this Site, you may be connected to a tribal lender or marketplace lender. Tribal lenders may claim exemptions from state licensing and usury caps, based on tribal immunity or bank preemption. Please note that the rates and fees offered by these lenders may be higher than those offered by state-licensed lenders. In addition, with tribal lenders, you may be required to agree to resolve any disputes in a tribal jurisdiction. You are urged to read and understand the terms of any loan offered by any lender, regardless of its lending model, and to reject any particular loan offer that you cannot afford to repay or that include terms that are not acceptable to you. By submitting your loan request, you agree that you have read and understand this above statement.

This Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave this Website, you agree that we are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.

All content within this Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products and information (collectively, “IP”) of this Website are owned, controlled, and licensed by EMGC Digital LLC and/or its licensors. The IP is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or IP may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication.

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Site or any of the services thereon for any purpose, without our prior written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (c) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, (d) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site, (e) except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site, (f) frame or mirror any part of the Site without our express prior written consent, or (g) create a database by systematically downloading and storing all or any Site content.

Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our Site, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

The Services on offered on this Website are not available to persons under the age of 18 or to persons who are not legal residents of the United States. By using this Website, applying for or using any of its Services, you represent and warrant that you are at least 18 years of age and are a legal resident of the United States. Not all services are available in all geographic areas. Your eligibility for particular services is subject to final determination by us, our affiliates, and/or our Service Partners. Further, you agree and acknowledge that: (a) you will not use the Site for any illegal or unauthorized purpose, or to violate our rights or the rights of any third-party, (b) your use of the Site will comply with all applicable laws, rules and regulations, and (c) you are solely responsible for your conduct and any information you submit on the Site or communicate to us.

THIS WEBSITE DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SERVICE PARTNER'S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH SERVICE PARTNER MAY PROVIDE, FOR ANY SERVICE PARTNER’S CONTACTING OR FAILURE THEREOF TO CONTACT YOU, FOR ANY SERVICE PARTNER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PARTNER.

YOU AGREE THAT NEITHER US, OUR SERVICE PROVIDERS, SERVICE PARTNERS, AND AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS OF SAME (together “Site Parties”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR AND WITHOUT LIMITATION, TOTAL LIABILITY OF ANY SITE PARTY FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIABILITY OF SITE PARTIES IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

As a condition of use of this Website and/or our services, you agree to indemnify Site Parties from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms. You must not settle any such claim or matter without the prior written consent of Site Parties. The Site Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claim.

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding regarding such injunction restraining such breach or threatened breach shall be brought in the courts of record of Sheridan County, Wyoming, or the United States District Court having jurisdiction therein. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US (INCLUSING ANY AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS), INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THIS WEBSITE, CONTENT OR SERVICE (“DISPUTE”), SHALL BE FINAL AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN SHERIDAN, WYOMING; 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, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES WILL BE GOVERNED BY THE LAWS OF THE STATE OF WYOMING WITHOUT REGARD TO ANY CONFLICT OF LAW 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 SHERIDAN COUNTY, WYOMING, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.

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 litigate in court or arbitrate any claims as a representative or member of a class or in a privacy attorney general capacity. You also 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 also agree that any dispute or cause of action arising out of or related to this Website, Services or Content must be commenced within one year from the later of (i) when the dispute or cause of action accrues, or (ii) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.

This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and us and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter thereof. If a conflict between the language of these Terms and the language of any terms incorporated by reference, the latter incorporated terms shall control.

You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or enforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.

To the extent allowed by law, you and us each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You hereby understand that by agreeing to this class action waiver, you may only bring claims against us (including any affiliates, officers, directors, employees, and agents) in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on this Website or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at info@cashnowlending.com. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter, with your personal information redacted, may be forwarded to the Chilling Effects Clearinghouse for publication.

To the extent permitted under applicable law, any notice from you to us under this Agreement must be submitted by email to info@cashnowlending.com. You agree that we are not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.

If any portion of these Terms (including any other terms incorporated herein) is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that narrow portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms. All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, shall survive your acceptance of these Terms and the termination of these Terms. These Terms, the Privacy Policy, and any other policies, disclosures or terms and conditions you agree to while using the Site or our Services represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have any questions regarding these Terms of Use, please contact us at info@cashnowlending.com.