Terms & Conditions

Updated 9.22.10

PLEASE READ THIS AGREEMENT CAREFULLY. BY VIEWING AND/OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.

This Agreement (the “Agreement”) governs your use of the CashStand Web site, accessible via www.CashStand.com, and related uniform resource locators (the “Site”). CashStand reserves the right to change the terms and conditions of this Agreement at any time by posting a revised Agreement on the Site. CashStand will alert you that changes have been made by indicating on the top of this Agreement the date it was last revised (following the words “Last Revised”). The revised Agreement will be effective immediately after it is posted on the Site. Your use of the Site following the posting of a revised Agreement will constitute your acceptance of any such revisions. CashStand encourages you to review this Agreement whenever you visit the Site to make sure that you understand the current terms and conditions governing your use of the Site. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately discontinue your use of the Site.

IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND ANY OTHER INFORMATION PROVIDED BY CASHSTAND, ON THE SITE OR ELSEWHERE, THE TERMS OF THIS AGREEMENT SHALL PREVAIL.

Reservation of Rights.
CashStand reserves all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized disclosure or use.

Information Collection and Privacy.
If you would like information regarding our information collection practices, please refer to our Privacy Policy below.

DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY INFORMATION CONTAINED THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, CASHSTAND.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER CASHSTAND NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS/THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION (INCLUDING WITHOUT LIMITATION INACCURACIES, INCONSISTENCIES, AND ERRORS) WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, TRUTHFULNESS, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING. CASHSTAND AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE CASHSTAND AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF CASHSTAND OR ITS AFFILIATES. CASHSTAND EXPRESSLY DISCLAIMS ANY IMPLIED REPRESENTATION THAT IT WILL MONITOR THE SITE, ENFORCE THE USER CONDUCT GUIDELINES, OR RESPOND TO USER COMPLAINTS IN ANY PARTICULAR MANNER, OR AT ALL.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.

THIS WEB SITE IS BASED IN LOS ANGELES, CALIFORNIA. CASHSTAND MAKES NO CLAIM THAT THE SITE OR CONTENT APPEARING THEREON ARE APPROPRIATE OR MAY LEGALLY BE ACCESSED FROM OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION

LIMITATION OF CASHSTAND’S LIABILITY.
IN NO EVENT SHALL CASHSTAND OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR CONTENT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

Termination.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from CashStand to effectuate such termination. Additionally, CashStand may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must immediately stop using the Site.

Your Indemnification of CashStand.
You agree to hold harmless, defend, and indemnify CashStand, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys’ fees, that are due to, or that arise from your use or misuse of the Site (including without limitation actions by you against CashStand) or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

Spam and Acceptable Use.
While we encourage you to refer friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Site, name, trademarks, or other intellectual property of CashStand in conjunction with the sending of unsolicited e-mail.

Feedback.
Any comments or materials sent or communicated to CashStand by any means, electronic, written or oral, including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other products or programs of CashStand (collectively “Feedback”), is non-confidential. CashStand has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and without compensation to you. You agree that CashStand is not obligated to respond to any Feedback or to take any particular action, or any action at all, in connection with such Feedback. Further, CashStand is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Notices.
All written notices to CashStand shall be delivered to: 26560 Agoura Rd Suite 100 Calabasas, CA 91302-3545. CashStand may provide you with notice of changes to this Agreement at any time by posting a revised Agreement on the Site. CashStand will alert you that changes have been made by indicating on the top of this Agreement the date it was last revised (following the words “Last Revised”). The revised Agreement will be effective immediately after it is posted on the Site. Your use of the Site following the posting of a revised Agreement will constitute your acceptance of any such revisions. CashStand may provide you notices of any other matter by displaying notices to you generally on the Site. CashStand may change its addresses (e-mail or mailing) by displaying such changes on the Site. All notices to CashStand shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested.

Miscellaneous.

(a) Exclusivity.
This Agreement constitutes the complete and exclusive agreement between you and CashStand and supersedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.

(b) Severability.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

(c) Jurisdiction.
This Agreement is governed by the laws of the State of California, without regard to conflicts of law provisions, and you hereby consent to the exclusive personal jurisdiction of the state and federal courts in Los Angeles, California, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. The exclusive venue for such action shall be the United States District Court for the Central District of California in downtown Los Angeles. If such dispute does not fall within the jurisdiction of the United States federal courts, then the exclusive venue for such action shall be the Superior Court of the state of California, County of Los Angeles, in Los Angeles, California, USA. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.

Privacy & Tracking Policy

CashStand, Inc. (“CashStand”) is the sole owner of all content on www.CashStand.com (“CashStand”). We collect personally identifiable information, including, but not limited to, non-public personal information, as well as other types of personally identifiable information from you and from other sources as described herein (“Your Information”). Our primary goal in collecting Your Information is to provide you with efficient, accurate, and customized financial products and services. We collect and/or track the following types of information:

• Information we obtain to verify representations made by you, such as your employment history or income
• Information we receive from you on applications or other forms, such as transaction documents, sales documents, online forms, e-mails, registration forms, surveys, or other documents or submissions related to the products and services we provide, including your name, address, telephone number, social security number, driver’s license number, email address, employment information, demographic information, bank account information, and information about your assets, debts and income
• Information about your transactions with us, our affiliates, or others, such as your account history, transaction balances, payment history, overdraft history, parties to transactions, and your reasons for doing business with us
• Information obtained from Web page http headers (home server domain names, IP address, type of client computer, and type of Web browser);
• Information, user specific or aggregate, we receive from our web pages recording visitor’s access;
• Information we receive from third parties, such as consumer reporting agencies and other lenders, regarding your credit worthiness and credit history, and to verify your identity
• Information obtained from specialized marketing information firms, such as household demographics;
• Information you provide when you contact our customer service department; and
• Information you provide to us when you communicate with us via email.

Legal Disclaimer
We reserve the right to disclose your personally identifiable information and/or non-personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

Choice/Opt-out
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at support@cashstand.com using the subject line “unsubscribe”. You can also change or update your information by contacting support@cashstand.com.

Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to personally identifiable information.

We use a third-party tracking service, Google Analytics, that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate, such as usage and volume statistics, which we use to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. More information about Google Analytics can be found here.

Links to Other Sites
This Web site may contain links to other sites that are not owned or controlled by CashStand, Inc. Please be aware that we, CashStand, Inc. are not responsible for the privacy practices of such other sites.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by this Web site.

Security
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Web site, you can send email us at support@cashstand.com with the subject line “privacy”.

Changes in this Privacy Statement
CashStand reserves the right to change the terms and conditions of this Privacy Policy at any time by posting a revised Privacy Policy on the Site. CashStand will alert you that material changes have been made by posting a prominent notice on our homepage as well as indicating on the top of this Privacy Policy the date it was last revised (following the words “Last Revised”), so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. The revised Privacy Policy will be effective immediately after it is posted on the Site. Your use of the Site following the posting of a revised Privacy Policy will constitute your acceptance of any such revisions. Because CashStand reserves the right to modify this privacy statement at any time, CashStand encourages you to review this Privacy Policy whenever you visit the Site to make sure that you understand the current terms and conditions governing your use of the Site. If you do not agree to this Privacy Policy, please immediately discontinue your use of the Site.

Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us at: support@cashstand.com with the subject line “privacy”.

You may also send a letter to:
26560 Agoura Rd
Suite 100
Calabasas, CA 91302-3545

Effective Date: 9/22/2010