Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE.
Genesis Financial & Payment Systems Holdings, LLC, d/b/a USA Web Cash and its subsidiaries (“USA Web Cash”) provides this website (“Site”) as a service for our customers. The following terms and conditions of use (“TOU”) set forth the terms, conditions and rules that govern your use of this Site.
1. Use of Site.
Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. USA Web Cash may change, edit, modify, delete, revise, or update the TOU from time to time, without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOU. Access to and use of this Site are solely for your purchase of USA Web Cash products or services for personal use, information, education, and communication with USA Web Cash. In addition to other prohibitions as set forth in the TOU, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site, or take other corrective action for violating any of the prohibited uses.
2. Intellectual Property.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of USA Web Cash or such third parties that may own the displayed Trademarks. Nothing contained on this Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of USA Web Cash or such third party that may own the displayed Trademarks. The Trademarks, text, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (collectively, the “Content”) are all subject to patent, copyright, trademark, unfair competition and other applicable intellectual property protection. Without our express written permission, Content may not be copied for any public or commercial use or distribution or modified, processed, or reposted to other websites. You may download, copy or print the Content of this Site for your personal non-commercial use only, however no right, title or interest in any of the Content of this Site is transferred to you as a result of any such downloading, copying, printing or use of this Site.
3. License to User Comments and Submissions.
This Site may provide you with the opportunity to submit comments (each a “Submission” and collectively the “Submissions”). By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Submissions that you submit. If you make a Submission to this Site, you automatically grant USA Web Cash a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for USA Web Cash to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission. The posting of those Submissions does not constitute USA Web Cash’s endorsement of those Submissions. USA Web Cash is not responsible or liable for any claim in connection with Submissions.
4. Third-Party Links.
Third-party links on this Site may direct you to other websites that are not affiliated with USA Web Cash. Further, those websites and the products and services sold on those websites may be subject to additional or separate legal, regulatory, or product and service requirements. USA Web Cash is not liable for the content, privacy policies, or any harm or damages related to the purchase of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. The existence of such third-party links should not be considered an endorsement or recommendation of those sites or of any Third-Party Products or of any party that is associated with those sites. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
5. Registration, Accounts and Passwords.
You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to USA Web Cash.
6. Site Updates.
USA Web Cash undertakes no obligation to update, amend or clarify information on this Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product and service availability, special offers, product promotions, pricing information, product descriptions, or product delivery times. USA Web Cash reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate (including after you have submitted your loan application, if applicable).
7. Product And Service Regulation, and Pricing Information.
This Site, Content, product information, and any products sold through the Site are intended to comply with United States and particular state laws and regulations. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and lending requirements that are different than those in both the United States, and individual states. By using this Site, you represent that you have consulted your applicable local laws that may apply to products and services offered via this Site.
USA Web Cash reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products and services and pricing are subject to change at any time without notice at the sole discretion of USA Web Cash. USA Web Cash reserves the right to discontinue any loan product or service at any time. Any offer for any product or service made on this Site is void where prohibited.
The TOU will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in this TOU to the contrary, the parties understand and agree that all terms and conditions of the TOU that may require continued performance, compliance, or effect beyond the termination date of this TOU will survive termination of the TOU and will be enforceable by the parties USA Web Cash may also terminate the TOU at any time and may do so immediately without notice and, accordingly, deny you access to this Site, if, in USA Web Cash’s sole discretion, you fail to comply with any term or provision of the TOU.
9. Choice of Law and Forum.
These TOU will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Cook County, Illinois and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.
10. E-Sign Disclosure and Consent Notice.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and USA Web Cash both intend that such act apply to the fullest extent possible to validate USA Web Cash's ability to conduct business with you by electronic means. We will communicate with you by e-mail or by posting notices on this 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 USA Web Cash electronic and online services ("Electronic Services") you hereby consent to this notice and affirm that you have access to the hardware and software requirements identified below. In addition, you must review and accept the TOU. If you choose not to consent to this notice or you withdraw your consent, you will be restricted from using Electronic Services. Covered communications includes all disclosures and communications that USA Web Cash provides to you regarding our services (collectively, "Communications"). USA Web Cash may provide Communications to you by email or by making them accessible on the Site, mobile applications, or mobile websites (including via "hyperlinks" provided online and in e-mails). Communications will be provided online and viewable using browser software or PDF files. To access and retain electronic Communications, you must have: (a) a valid email address; (b) a computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from USA Web Cash in electronic form; and (c) sufficient storage space to save Communications (whether presented online, in e-mails or PDF) or the ability to print Communications. USA Web Cash may request that you respond to an email to demonstrate you are able to receive these Communications. You may withdraw your consent to receive Communications under this notice by writing to us at "Genesis Financial & Payment Systems Holdings, LLC, 3175 Commercial Ave., Suite 201, Northbrook, IL 60062, Attention: E-Sign Disclosure and Consent Notice" or by contacting us via our Webmaster. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Electronic Services. You may request a paper copy of any Communications (provided that such request is made no later than 2 years after USA Web Cash first provides such Communications to you) and USA Web Cash will mail you a copy via U.S. Mail. To request a paper copy, contact us by writing to "Genesis Financial & Payment Systems Holdings, LLC, 3175 Commercial Ave., Suite 201, Northbrook, IL 60062, Attention: E-Sign Disclosure and Consent Notice" or by contacting us via our Webmaster. Please provide your current mailing address so we can process this request. USA Web Cash may charge you a reasonable fee for this service. It is your responsibility to keep your primary email address current so that USA Web Cash can communicate with you electronically. You understand and agree that if USA Web Cash sends you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, USA Web Cash will be deemed to have provided the Communication to you, however USA Web Cash may deem your account inactive. You may not be able to transact using our Site until USA Web Cash receives a valid, working primary email address from you. If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, USA Web Cash recommends that you add USA Web Cash to your email address book so that you can receive Communications by e-mail. You can update your primary email address or other information by writing to us at "Genesis Financial & Payment Systems Holdings, LLC, 3175 Commercial Ave., Suite 201, Northbrook, IL 60062, Attention: E-Sign Disclosure and Consent Notice" or by contacting us via our Webmaster. USA Web Cash reserves the right, in its sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which USA Web Cash provides Communications. USA Web Cash will provide you with notice of any such termination or change as required by law. USA Web Cash is not liable for any loss or damage arising from (i) your failure to access, download, save or print Communications; (ii) problems or technical failures with your equipment, and (iii) any errors or delays in electronic communication or transmission lines that are beyond USA Web Cash's reasonable control.
11. Privacy Statement.
12. Wireless Communications Policy.
By opting-in you are providing consent for USA Web Cash to use your personal information to provide the services you have requested, including services that display customized content and advertising. Your wireless communications provider’s Text Messaging (“SMS” or “MMS”) & Data Rates may apply to our confirmation and all subsequent SMS messages. You may opt-out and remove your SMS information by sending “STOP”, “END”, “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to the SMS text message you have received. If you remove your SMS information from our database, your number will no longer be used for secondary purposes, disclosed to third parties and used by us for third parties to send promotional correspondence to you. Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider’s name, the date & time, and content of your messages. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an “AS IS” basis. To view our Terms & Conditions visit http://USA Web Cash.com/terms or call our Toll-Free 24-hour Opt-in/Opt-out line 1-866-694-7912. Opt-in - A confirmation message will be sent to you to verify you are in possession of the device for the cell number you provided and also will remind you of applicable Text Messaging & Data Rates that may be charged by your wireless carrier for all subsequent SMS or MMS. Opt-out - To cancel text message alerts, simply reply STOP to the message received to opt-out of respective text alert program. Text STOP to 75935! Help or Support - For help, email us at textcustomersupport@USA Web Cash.com or call 1-866-694-7912. Request help, get contact information or additional information regarding our texting services anytime from your mobile device by replying with the word “HELP” to the message you receive.
13. Email Terms and Conditions.
You agree to indemnify and hold USA Web Cash and its affiliates, subsidiaries, managers, members, officers, employees, represents and each of their respective successors and assigns harmless from and against any and all claims, damages, costs and expenses (including attorney and accounting fees) arising from or related to your use of this Site or breach of the TOU. USA Web Cash reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
15. Warning about Fraud and Identity Theft.
Attempting to obtain a credit transaction by providing false information, including but not limited to the use of false or altered documents and the use of another person's identity other than your own, is fraudulent and, in some cases, punishable by law. USA Web Cash reserves the right to report any and all information obtained in connection with a verified fraud attempt to local, state, or federal authorities for possible investigation and prosecution.
This Site is not directed at minors and USA Web Cash does not knowingly collect personal information from any person under the age of majority for their state at this Site. By agreeing to the TOU, you represent that you are at least the age of majority in your state of residence.
17. Limitations on Liability.
BY YOUR USE OF THIS SITE YOU ACKNOWLEDGE THAT: (1) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) NEITHER USA Web Cash NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, damage to your computer equipment or other property, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF USA Web Cash HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USA Web Cash RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND USA Web Cash WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, USA Web Cash’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” USA Web Cash MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS, PERFORMANCE OF THIS SITE OR ANY OTHER MATTER. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND USA Web Cash MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO USA Web Cash EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, USA Web Cash DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT.
YOUR SOLE REMEDY AGAINST USA Web Cash FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The provisions and conditions of the TOU constitute the entire agreement between USA Web Cash and you related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the TOU in connection with the use of this Site. The TOU are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the TOU as of the Effective Date.
USA Web Cash does not waive any rights set forth in these TOU or our right to enforce these TOU by merely choosing not to exercise or enforce our rights in a particular circumstance. If any application of a provision of these TOU is held to be invalid or unenforceable to any extent, the remainder of these terms, or the application of such provision in other circumstances, will not be affected by such holding and every other provision may be enforced to the fullest extent permitted by law. These TOU constitute the entire agreement between you and us with regard to your use of the Site, and will not affect, supersede, or modify any terms or conditions set forth in specific loan agreements.
Should you have any questions concerning the TOU, or if you desire to contact USA Web Cash for any reason, please contact our Webmaster, or by mail at Genesis Financial & Payment Systems Holdings, LLC, 3175 Commercial Ave., Suite 201, Northbrook, IL 60062.
Effective Date: June 10, 2013