TERMS OF SERVICE
This Terms of Service ("Agreement") is a legally binding agreement between you and 256H LLC dba CASHQ ("we" or "us"), and it applies to your use of the CASHQ application and the CASHQ electronic funds transfer services (collectively, the "CASHQ"). Funds transfers for the CASHQ are performed by Stearns Bank, N.A. ("Bank") based on instructions issued through CASHQs software and the Banking-as-a-Service Platform provided by Productfy, Inc. ("Productfy"), one of our service providers. (Bank and Productfy are collectively referred to as herein as our "Service Providers" for purposes of this Agreement). Please read this Agreement carefully because it informs you of your rights and obligations for these transactions. You should keep this Agreement for future reference.
By accessing or using the CASHQ, you accept and agree to be bound by the terms and conditions described in this Agreement. If you do not agree, you are not permitted to use it, and you must immediately stop using the CASHQ. We may amend this Agreement at any time and from time to time by posting a revised version on the CASHQ. Amended terms are effective at the time we post them, and your continued use of the CASHQ constitutes your acceptance of any amended terms. We may provide you with notice regarding upcoming Terms changes by email, text message, or other means.
This Agreement contains a mandatory arbitration provision that as further set forth below, requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or any other court proceedings or class actions of any kind.
The CASHQ is licensed (not sold) to end-users. Subject to your compliance with this Agreement, and solely as long as you are permitted by CASHQ to use the CASHQ, we hereby permit you, on a limited, non-exclusively, revocable, non-transferable, non-sublicensable basis, to install and use the CASHQ on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the CASHQ and remove (that is, uninstall and delete) the CASHQ from your mobile device.
Using the CASHQ
By using CASHQ's software and the Bank-as-a-Service Platform provided by Productfy, you have the ability to send and receive electronic payments to users designated by you. By signing up for the CASHQ, you are able to view and pay bills from merchants or payees you designate by linking bank accounts identified by you ("Linked Accounts"). You are also able to view your transaction history, set up recurring payments, and schedule future one-time payments. All funds transfer services are provided by the Bank, as CASHQ and its service partners that operate the software platform do not receive, hold, or transmit funds and are not licensed with the federal government or any state or jurisdiction as money transmitters or money service.
Identity Verification and Information Accuracy
When you register for the CASHQ, you are required to provide CASHQ with information that allows us to verify your identity, including, but not limited to: your name and a valid U.S. physical address (not including P.O. Boxes or commercial mail receiving agencies). You may be required to provide additional information or documentation to allow CASHQ to verify your identity and/or your account information. CASHQ may also verify your information against third-party databases or other sources, and you authorize CASHQ to make such inquiries.
CASHQ also will use third-party databases to determine whether you are on any watch lists, including any lists maintained by the US Office of Foreign Assets Control. If your name appears on any such watch list, CASHQ reserves the right to terminate your access to the CASHQ. You agree to provide true and accurate information to CASHQ and to keep your information updated at all times. You must also provide an accurate and current email address in order to receive communications from CASHQ electronically. You represent and warrant that any information you provide in connection with the CASHQ is and will remain accurate and complete and that you will maintain and update such information as needed.
You must be at least eighteen (18) years old (nineteen (19) years old in Alabama) to use the CASHQ. By agreeing to this Agreement you represent and warrant to us: (i) that you are at least eighteen (18) years old (nineteen (19) years old in Alabama); (ii) that you have not previously been suspended, removed, or deactivated from CASHQ; (iii) that you are a legal resident of the United States; and (iv) that your registration and your use of CASHQ is in compliance with any and all applicable laws and regulations.
Data and password security
You may need to register to use all or part of the CASHQ. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. You are responsible for the security of data in your possession or control and you are responsible for your compliance with all applicable laws and rules in connection with our use and/or collection of personal, financial, or transaction information. You are also solely responsible for maintaining adequate security and control of your CASHQ user name, password, and PIN. If you share your CASHQ credentials with any other person (which we highly discourage), you are solely responsible for all activity conducted by that person, regardless of whether or not you authorized the activity. You must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your CASHQ account.
Authorization to debit your linked financial institution account
If you link a financial institution account to your CASHQ account, the financial institution must be a state or federally-chartered institution in the U.S. When you make a payment that is funded by your financial institution account, you authorize CASHQ through the Bank to initiate an electronic transfer from your linked financial institution account in the amount you specify. You also authorize CASHQ through the Bank to credit your Linked Account for payments returned to us by a payee. You are solely responsible for complying with any terms set by your financial institute with respect to your Linked Account, including any terms regarding fees charged for insufficient funds or overdrafts. If you are entitled to an adjustment (associated with a payment you made using the CASHQ, you also authorize CASHQ and Bank to credit your linked financial institution account to complete that transaction.
Payment Accounts and Services
CASHQ facilitates the payment of bills through the CASHQ. No funds flow through accounts owned by CASHQ during the processing of such payments; all funds flow through accounts owned by and held at the Bank through a custodial account established "For the Benefit Of" CASHQ's customer's Account.
ACH Payments and Authorization
You agree that you will provide us with sufficient information to satisfy the requirements of the National Automated Clearing House Association Operating Rules and Guidelines ("Nacha Rules") to create instructions to make or receive a payment through the Automated Clearing House ("ACH") network. CASHQ has established cutoff times for receipt of payment instructions and you understand that CASHQ cannot and does not guarantee any specific time in which electronic funds transfers ("ACH transactions") initiated through your CASHQ Account will be completed. You understand that any payment instructions or activity performed using the CASHQ shall be deemed authorized and valid and we are under no obligation to
investigate the instruction or activity.
Only when funds are transferred to the Bank's account will the payment to your designated payee will be initiated. To fulfill the payment to the payee, the Bank will issue a payment (which may be made through one or more payment intermediaries) to the payee via a method that is acceptable to the payee, which will be by ACH to the payee's bank account, provided the payee accepts the ACH payment. You authorize the Bank (and any intermediary or service provider used by Bank or CASHQ) to send the funds from your Linked Account to the payee pursuant to the payment instructions provided in the CASHQ.
Your Responsibility to Ensure Timely Payments
You are solely responsible for scheduling payments so that they are received timely and are not delinquent. You should initiate payments no later than five (5) business days before the due date to ensure your payment arrives timely. In addition, you are solely responsible for providing us with the correct name, address, and phone number of the payee as well as your account number so that we may obtain the correct routing information. For questions regarding any specific transaction or its anticipated timing, please contact us at +1-954-456-4600 or email us at email@example.com.
Right to stop payment and procedure for doing so: if you have set up recurring or preauthorized payments in advance to designated third parties you may request a stop payment by contacting us at [email address] with the subject line as " STOP PAYMENT REQUEST." We must receive the request at least three (3) business days before the payment is scheduled to be made in order to stop the payment. You will not be charged a fee for each stopped payment.
Notice of Varying Amounts: If your recurring or preauthorized payments vary in amount, your designated payee to whom you owe money or the financial institution processing the electronic funds' transfer should tell you ten (10) days before each payment when it will be made and how much it will be. We may not have a reasonable opportunity to act on any stop payment request after a payment has been processed and/or in instances where the stop payment request is in error, lacks relevant information to process the stop payment request, or has not been timely made. If you desire to stop any payment after it has been processed, you must contact us at firstname.lastname@example.org. Although we will attempt to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen ( 14) days.
Payment Cancellation Requests
You may cancel or edit any scheduled payment (including recurring payments) by following the directions on the CASHQ. There is no charge for canceling or editing a scheduled payment. Once we have begun processing a payment it cannot be canceled or edited, therefore a stop payment request must be submitted.
Confidentiality and Use of Information
We may disclose information to third parties about the transfers you make:
● To verify your identity and allow us to comply with any applicable laws;
● To comply with government agency or court orders;
● To protect the confidentiality or security of your records;
● To protect against or prevent actual fraud, unauthorized transactions claims, or other liability;
● For resolving consumer disputes or inquiries;
● To persons holding a legal or beneficial interest relating to you;
● To persons acting in a fiduciary or representative capacity on behalf of you;
● If we are unable to complete an electronic funds transfer because of insufficient funds;
● Where necessary to complete transfers;
● Where necessary to activate additional services;
● To verify the existence or conditions of your account for a third party such as a credit bureau or merchant;
● As disclosed in the separate privacy notices posted within the CASHQ ("Privacy Notices"); or
● If you give us written permission, provided that you have not revoked that consent or permission.
Your ability to sign up for the CASHQ and ability to make electronic funds transfers using the platform may not be completed if we can not verify your identity or other necessary information. In addition, and in accordance with our Privacy Notices, you agree that we reserve the right to obtain personal information about you, including, without limitation, financial information and transaction history regarding your Linked Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers' everyday business purposes, such as to maintain your ability to access the CASHQ, to authenticate you when you log in, to send you pertinent information, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders, and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the CASHQ and the content and layout of the CASHQ. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store, and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer, or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized
transactions, claims, or other liability.
Consumer Liability: You should contact us at email@example.com if you believe your account credentials have been lost or otherwise compromised or if your device (such as a smartphone) used to access the CASHQ has been compromised, or if you believe that an electronic fund transfer has been made without your permission. You could lose all the money in your account if you don't notify us promptly. If you do not contact us within sixty (60) days after the transaction record was made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped the theft if you had contacted us in time. If extenuating circumstances (such as a long trip or a hospital stay), as determined in our sole and exclusive discretion keeps you from telling us, we will extend the allowed time period for a reasonable period.
Error Resolution Notice
In case of errors (an unauthorized or incorrect electronic funds transfer) or Questions About Your Electronic Transfers: If you think your transaction record is wrong or if you need more information about a transfer listed, contact us at firstname.lastname@example.org as soon as possible. To report an issue:
● Tell us your name and CASHQ Client Number;
● Describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is an error and/or why you need more information; and
● Tell us the dollar amount of the suspected error.
We are not responsible for any payment processing errors or fees incurred if you do not provide an accurate Linked Account, payment instructions, or contact information. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. If you claim a credit or refund because of fraud, forgery, or alteration, you agree to cooperate with us in the investigation of the loss,
including giving us an affidavit containing whatever reasonable information we require concerning the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of an unauthorized transaction. We will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
ACH clearing times for Linked Accounts
If you link a financial institution account to your CASHQ, you may send a payment using your linked financial institution account. If you do so, you acknowledge that normal ACH clearing times will apply. This means that the funds should generally be available to you or your recipient within three (3) business days.
Nacha Rules and Applicable Law
This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers, as adopted by the state in which your CASHQ account was set up. If you originate an electronic funds transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, CASHQ, the Bank, and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. You agree to be bound by Nacha Rules. These rules provide, among other things, that funds transfers made to you or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article
4A-403(a) of the Uniform Commercial Code. If we do not receive the funds transfer, we are entitled to a refund from you in the amount credited to you and the party originating such payment will not be considered to have paid the amount so credited.
You are limited to sending no more than $5,000 per day and $10,000 per rolling thirty (30) day period using the CASHQ. We reserve the right to decrease your electronic funds transfer amounts at any time, for any reason.
We are taking a fee of $1.00 for any payment.
Failed or Returned Payment Instructions
In using the CASHQ, you are requesting that we attempt to make payments from your Linked Account. If the transfer cannot be completed for any reason associated with your Linked Account the transfer will not be completed. We reserve the right to suspend or terminate your use of the CASHQ due to insufficient funds in your Linked Account. If we take any action to collect a debt incurred by you or other amounts you owe us under this Agreement or to defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys' fees, to the extent permitted by applicable law.
In using the CASHQ, you understand that payees may return payments for various reasons including, but not limited to, the account number is not valid; the payees are unable to locate the account, or the account is paid in full. We will use our best efforts to research and correct the returned payment, or void the payment and credit your Payment Account.
The following types of payments are prohibited through the CASHQ and we have the right, but not the obligation, to monitor for, block, cancel, and/or reverse such payments:
a. Payments to or from individuals or entities located in prohibited territories (including any territory outside of the United States);
b. Payments that violate any Federal, state, or local law or regulation;
c. Payments that violate our Code of Conduct below;
d. Payments related to (1) marijuana or tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances, or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7)goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually-oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
e. Payments related to gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, animal racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
f. Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities, or lottery contracts, layaway systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of
the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
g. Tax payments and court-ordered payments.
We reserve the right to refuse to pay any payee to whom you may direct a payment. As required by applicable law, we will notify you promptly if we decide to refuse to pay a payee designated by you. Except as required by applicable law, in no event shall we be liable for any claims or damages resulting from your scheduling of prohibited payments.
Authorization to recover amounts due
You authorize CASHQ to take any of the following actions to recover any amounts due from you:
● Debit the financial institution account(s) linked to your CASHQaccount;
● Suspend your CASHQ account and require your immediate payment; or
● Engage in collection efforts.
CASHQ Code of Conduct
You agree that, as an express condition of your use of the CASHQ, you will not:
● Provide false, fraudulent, or inaccurate information to CASHQ, including identity information;
● Engage or attempt to engage in illegal or fraudulent activities;
● Engage in transactions involving adult entertainment or escort services;
● Provide private ATM services;
● Attempt to receive or actually receive duplicate compensation for a disputed payment; or
● Engage in activity that indicates, at our sole discretion, that there may be a high level of risk associated with you or your CASHQ activity.
You represent and warrant: (1) that you have the right to authorize any and all debits to the Linked Account; (2) the Linked Account is held at a depository institution located in the U.S.; and (3) that you are individually the owner of the Linked Account. By linking a bank account, you agree to indemnify and hold us harmless from any claims by any person related to the bank account, including, but not limited to, another owner of the Linked Account. You may only link a bank account that is a deposit account, such as checking, savings, or money market account. You must maintain sufficient funds in your account to avoid the transaction being declined. You should also check the balance in your Linked Account to determine if you have sufficient funds to direct payment to a payee.
You are responsible for all claims, fees, fines, penalties, and other liability incurred by CASHQ, the Bank, or our Service Providers arising from your breach of this Agreement or your use of the CASHQ. You agree to reimburse CASHQ, the Bank, or our Service Providers for any and all such liability. Neither CASHQ or its Service Providers will be liable for any fees or fines related to your missed payments in using the CASHQ.
Financial Institution's Liability
By providing us with the names and account information of the payees to whom you wish to direct payments, you authorize us to follow the payment instructions received through the CASHQ. In order to process payments more efficiently and effectively, we may edit or alter payment data or format payments in accordance with the payee's creditor's directives.
When we receive a payment instruction, you authorize us to debit your Linked Account and remit funds on your behalf. You also authorize us to credit your Linked Account for payments returned by your payees.
We will attempt to make all your payments properly, However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of one or more of the following circumstances:
● If through no fault of ours, you do not have enough money in your account to make the transfer or the funds in your Linked Account are not available for any reason; or
● If the system was not working properly and you knew about the breakdown when you started the transfer; or
● You have not provided CASHQ with the correct name, address, and account number for the payee; or
● If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions have been taken.
Actions we may take
If we determine, in our sole discretion, that you may have breached this Agreement, that you or your CASHQ activity presents risk or security concerns, or if we are unable to verify your identity, the actions we may take include, but are not limited to, the following:
● Suspending your access or terminating your access to the CASHQ App;
● Contacting your financial institution, and/or, law enforcement, or other impacted third parties of your actions; and
● Taking legal action against you.
You may stop using the CASHQ at any time. If you wish to cancel, you may do so within the CASHQ. Any payment(s) that have begun processing before the requested cancellation date will be processed by us.
We may terminate your access to the CASHQ without liability, for any reason. Reasons for termination may include but are not limited to, your violation of this Agreement or any other applicable agreement or policy, CASHQ account inactivity for a period of 60 days or more, or CASHQ's assessment that you pose an unacceptable risk. CASHQ also reserves the right to modify or terminate the CASHQ at any time, for any reason.
Updates to Application
From time to time, CASHQ may automatically check the version of the Application installed on an authorized device and, if applicable, provide updates for the CASHQlication ("Updates"). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the CASHQ App. By installing the CASHQ, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the CASHQ and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). CASHQ reserves the right to temporarily disable or permanently discontinue any and all functionality of the CASHQ at any time without notice and with no liability to you.
You agree to defend, indemnify and hold harmless CASHQ, Bank and Productfy, and their respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs and expenses (including, but not limited to, reasonable attorneys' fees and other litigation expenses) arising from: (a) your violation of this agreement or any other applicable CASHQ agreement or policy; (b) your use of the CASHQ; (c) your negligence, gross negligence, recklessness, fraud or willful misconduct; (d) your violation of Nacha Rules; or (e) your actual or alleged violation of any third party rights or any applicable laws; and (f) our action or inaction in reliance upon oral, written or electronic instructions from you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CASHQ, BANK OR PRODUCTFY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (i) THIS AGREEMENT, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE CASHQ, OR (iii) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE CASHQ APP, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER CASHQ, THE BANK, OR PRODUCTFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CASHQ THE BANK OR PRODUCTFY'S LIABILITY EXCEED THE FEES CASHQ HAS RECEIVED FROM YOU DURING THE PRECEDING 12 MONTHS. THIS LIMITATION OF LIABILITY SECTION WILL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE CASHQ APP IS PROVIDED "AS IS", "WHERE IS', AND "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CASHQ MAKES NO REPRESENTATION OR WARRANTY THAT THE CASHQ WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
While we try to maintain the timeliness, integrity, and security of the CASHQ App, we do not guarantee that the CASHQ is or will remain updated, correct, complete, or secure, or that access to the CASHQ will be uninterrupted or error free. The CASHQ may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the CASHQ. If you become aware of any such alteration, contact us at [insert email] with a description of such alteration and its
location on the CASHQ.
You understand and agree CASHQ will not be held responsible for any losses or damages resulting from suspension of service, or your inability to use or access the CASHQ, due to extraordinary events or circumstances beyond our control. In such an event, CASHQ may suspend the CASHQ and access to
your CASHQ account and the Bank may suspend its ACH service.
The CASHQ may contain links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
You hereby acknowledge that we or our Service Providers own all rights, title, and interest in and to the CASHQ and to any and all proprietary and confidential information contained therein ("CASHQ Information"). The CASHQ and CASHQ Information, including, but not limited to, all visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the CASHQ, are protected by applicable intellectual property and other laws, including, but not limited to, patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide.
You may not transfer or assign any rights or obligations you have under this Agreement. CASHQ reserves the right to transfer or assign any rights or obligations under this Agreement at any time.
Monitoring and Recording Telephone Calls and Consent to Receive Communications
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. To provide you with the best possible service in our ongoing business relationship with you, we may need to contact you from time to time by telephone, text messaging, or email. However, we first obtain
your consent to contact you about the CASHQ in compliance with applicable consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to the CASHQ and as authorized by applicable law and regulations.
Your consent is voluntary and not conditioned on the purchase of any product or service from us.
With the above understandings, you authorize us to contact you regarding the CASHQ using any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide to us.
This consent applies regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service, or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail, and text messaging including the use of pre-recorded or artificial voice messages and an automated dialing device. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.
This Agreement will be construed in accordance with and governed by, the laws of the United States and the State of Florida, and other applicable rules, regulations, and guidance, including, but not limited to, Nacha Rules, except to the extent such laws, rules, regulations, and guidance are inconsistent with the Federal Arbitration Act. The parties waive any right to a jury trial in any judicial proceeding involving any claim relating to or arising under these Terms. The CASHQ is controlled or operated (or both) from the United States, and is not intended to subject CASHQ to any non-U.S. jurisdiction or law. The CASHQ may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the CASHQ is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the CASHQ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Arbitration of Disputes
Upon demand by you or us, any disputes, claims, and/or controversies (a) arising under this Agreement; (b) relating to CASHQ, its service providers (Bank or Productfy), and/or any of their employees, agents, contractors or subcontractors; and/or (c) related to any transactions processed through the use of the CASHQ shall be resolved by binding arbitration held on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, including any questions regarding the existence, validity, application, breach, interpretation, scope, or termination of this Agreement. Arbitration will proceed in the state of the applicable governing law of the Agreement or in such other location selected by AAA. In any arbitration proceeding, the arbitrator shall not have the authority to award exemplary or punitive damages or to alter, modify or add to the terms of this Agreement. A single arbitrator shall be used , and each party shall pay one-half of the fees and costs of the single arbitrator.
Notwithstanding the foregoing, neither party shall be precluded from seeking injunctive remedies pending arbitration. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. This arbitration requirement does not limit the right of either party to: (a) exercise self-help remedies, including setoff, or (b) obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during, or after the pendency of any arbitration proceeding.
Class Action Waiver
Each party agrees that the resolution of any dispute arising from the terms of this Agreement will be resolved by a separate arbitration proceeding and will not be consolidated with other disputes or treated as a class. Neither party will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.
Waiver of Notices
To the extent permitted by law, you waive any notice of non-payment, dishonor, or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you and shall have no liability for not notifying you, unless required by law.
Information or Complaints
If you have a question or complaint regarding the CASHQ, please send an e-mail to email@example.com. You may also contact us by mail at 256H LLC dba CASHQ, Attn: Customer Service, 18385 NE 4TH Ct., MIAMI, FL, 33179, USA., or by calling us at +1954-456-4600. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You are liable and solely responsible for all taxes, duties, levies, tariffs, or charges of any kind imposed by any federal, state, or local governmental entity with respect to the net income you recognize in connection with this Agreement. You acknowledge that CASHQ may have reporting requirements to the Internal Revenue Service in connection with your activity conducted under this Agreement.