The website located at 800cashtoday.com ("Website") is operated by Cash Today Enterprises, LLC. ("CashToday," "we,"
"us," or "our").
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
The Website may offer various applications, widgets, email notifications and other services (collectively, the
"Services") that provide a venue through which you can obtain information and you can find third-party service
providers, such as real estate investors, real estate agents and brokers, financial institutions, credit repair
providers, and other real estate professionals ("Service Providers"). We do not endorse or recommend the products or
services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate
or investigate the licensing, certification or other requirements and qualifications of Service Providers.
The Services are broad in scope and do not consider your personal financial situation. Your personal financial situation is unique and the information on the Website may not be appropriate for your situation. Accordingly, before making any financial decisions, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are aware of your individual circumstances.
It is your sole responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider 's products or services. You are solely responsible for your financial decisions, and we urge you to obtain the advice of financial advisors, attorneys, real estate agents, brokers and other qualified professionals who are fully aware of your individual circumstances before you make any financial or real estate decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers. Further, you acknowledge and agree that we are not a Service Provider, financial institution, attorney, tax consultant, appraisal provider, real estate agent, or broker provider. Our Services are limited to helping connect you with Service Providers. We do not, and will not, make any offering or sale decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial or legal products. We do not make any warranties or representations regarding the quotes, fees, terms, rates, or services offered or made available by Service Providers. We do not guarantee that quotes, offers, fees, terms, rates, coverage or services offered by Service Providers are the best available. In addition, we do not guarantee that you will be matched with a Service Provider. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SERVICE PROVIDERS, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SERVICE PROVIDERS. YOU RELEASE US OF ANY AND ALL LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM, OR RELATED TO YOUR USE OF A SERVICE PROVIDER'S PRODUCTS OR SERVICES.
BY SUBMITTING A MATCH REQUEST, YOU AUTHORIZE AND AGREE THAT SERVICE PROVIDERS MAY OBTAIN ADDITIONAL BACKGROUND INFORMATION ABOUT YOU TO PROVIDE YOU WITH YOUR REQUEST.
By accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of
majority in your jurisdiction, whichever is greater, that you are a resident of the United States of America, and that
you agree to these Terms. The Website and its contents, including the information available on it, are intended for
personal, non-commercial use only and only by U.S. residents. You agree to abide by all applicable federal, state, and
local laws and regulations with respect to your use of the Website, and you shall provide only true, accurate, current,
and complete information (and updates thereto) when submitting information through the Website. You shall only use the
Website as permitted by this Agreement, and you shall not disrupt or intercept electronic information posted on this
Website or on any of our servers or use the Website for any commercial, illegal, or inappropriate purpose. We reserve
the right, in our sole discretion, to change, modify, or eliminate, and restrict or block access to, all or any part of
the Website, without notice, at any time, for any or no reason.
The information, data, software and content viewable on, contained in, or downloadable from the Website, including, without limitation, all software, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, and their selection, coordination, arrangement, presentation, display and enhancement (collectively, the "Content") are copyrighted by, or otherwise licensed to, us or our suppliers. All Content is our property and is protected by United States and international copyright laws. You shall not copy, distribute, redistribute, transmission, publication or use, other than the non-commercial use of the Content is permitted by you without our prior written permission. You shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners. You are solely responsible for any damages resulting from your infringement of our or any third-party's intellectual property rights regarding the Proprietary Marks and any other harm incurred by us or our affiliates as a direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
You may be allowed to contribute information and make statements through blogs, messaging, chat rooms, bulletin boards
and other forums available on the Website ("User-Generated Content"). By submitting any User-Generated Content to us or
on the Website, you grant CashToday a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable
license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and
sublicense such materials or any parts of such materials. You represent, warrant and covenant that any User-Generated
Content you provide does not violate any law or the rights of any third party, and you have full right to grant
CashToday the license specified above. CashToday shall be entitled to use any User-Generated Content without incurring
obligations of confidentiality, attribution, or compensation to you. You are solely responsible for all your
transmissions, submissions, or postings.
You hereby acknowledge and agree that we do not have control over the User-Generated Content 's quality, correctness, timeliness, safety, truth, accuracy, or legality. Without limiting the foregoing, we reserve the right (but do not undertake the obligation) to remove, edit, and refuse to post any User-Generated Content for any or no reason.
The Website may include links or access to third-party websites, such as links from advertisers, sponsors, content partners, business partners, affiliates, Service Providers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on or through the Website are the best terms or lowest rates available.
THE CONTENT AND ALL SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE WEBSITE. THE WEBSITE AND SERVICES ARE
OFFERED "AS IS." WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES. WE MAKE
NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEBSITE IS FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS,
BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY
INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED BY SERVICE PROVIDERS, AND ANY IMPLIED WARRANTY
IS DISCLAIMED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.
WE SHALL NOT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) THE ACTIONS OR INACTION OF SERVICE PROVIDERS.
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and any portion or feature of our Services at any time in our sole discretion and without prior notice.
Any dispute relating in any way to your visit to, or use of the Website, the Services, any other products or services
offered through the Website, any telephone calls, emails, or text messages that you receive from Service Providers or
otherwise related to this Agreement ("Disputes"), shall be resolved exclusively through confidential arbitration, rather
than in court, and shall be governed exclusively by the laws of the State of California, without regard to principles of
conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration
Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential
arbitration and decided by an arbitrator. For the avoidance of doubt, all claims arising under the Telephone Consumer
Protection Act and state telemarketing and email marketing laws shall be considered "Disputes" that are subject to
resolution by binding individual, confidential arbitration.
If a Dispute arises under this Agreement, you agree to first contact us at firstname.lastname@example.org. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA 's Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA's rules are available at adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER (INCLUDING SERVICE PROVIDERS). Further, we both agree that all entities with whom we share your telephone numbers, including Service Providers, shall be third party beneficiaries of this Dispute Resolution by Binding Arbitration and Class Action Waiver, and that those entities have the same rights as CashToday to enforce this arbitration provision.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company 's intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator 's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Website or the date you submit information through the Website to opt out of this arbitration agreement, by contacting us by email at: email@example.com or by mail at: Cash Today Enterprises, LLC, 1922 Placentia Avenue, Unit 1, Costa Mesa, CA 92627, Attention: Legal Department.
If you do not opt out by the earliest of the date that you visit the Website, or the date you submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent
jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of
this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in
this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not
limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements,
representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the
termination of this Agreement. This Agreement and the Privacy Agreement 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 questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at: firstname.lastname@example.org.