Terms and Conditions
Last Updated: 05-12-2021
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. BY ACCESSING OR USING THE SITE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.
These Website Terms of Use (“Terms”) apply to your access to, and use of, any website, including paycheckamerica.com, or any other online or mobile application (collectively, the “Site”) of PaycheckAmerica Finance, LLC (“PaycheckAmerica,” “we,” “us,” or “our”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with PaycheckAmerica for financial products and services or otherwise. If there is a conflict between these Terms and any other agreement you may have with PaycheckAmerica, then the terms of the other agreement will control. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to PaycheckAmerica if you violate these Terms.
Eligibility
This Site is offered and available to users who are 18 years of age or older, can form legally binding contracts under applicable law, and who are located in the Offer Locations (as defined below). If you do not meet these conditions, you must not access or use the Site.
Privacy Policies
The Site collects information about its visitors. You agree that all such information, including without limitation information you provide to use or register with this Site, is governed by our Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms, available here: paycheckamerica.com/privacy, as well as our Privacy Notice, located here: paycheckamerica.com/privacy. You acknowledge that you have read the Privacy Policy as it may be updated from time to time and hereby consent to all actions, we take with respect to your information consistent with our Privacy Policy
Your Customer Account
Access to certain services and features of the Site may require you to create and use a customer account. You must: (a) provide accurate, truthful, current and complete information with respect to your customer account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others, restricting access to your account and not authorizing any other person to access or use the Site through your account; (d) promptly notify us if you discover or suspect any unauthorized access to your customer account or any other security breach related to the Site; and (e) take sole responsibility for all authorized and unauthorized activity that takes place with or through your customer account. If you provide any information through a customer account, you represent and warrant that such information complies with these Terms of Use, you own or control all rights in and to such information, and you have the right to grant PaycheckAmerica the ability to receive and process that information.
Proprietary Materials and Limited License
Unless otherwise indicated, the Site and all content and other materials made available on or through the Site, including, without limitation, the PaycheckAmerica name, PaycheckAmerica logos, and all other designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof (collectively, the “PaycheckAmerica Materials”), are the proprietary property of PaycheckAmerica or our licensors and are protected by law.
You are granted a limited, non-exclusive and non-sub-licensable license to access and use the Site and the PaycheckAmerica Materials for your personal or internal business use only in accordance with these Terms; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the PaycheckAmerica Materials, unless otherwise authorized by PaycheckAmerica; (b) the distribution, public performance or public display of any PaycheckAmerica Materials; (c) modifying or otherwise making any derivative uses of the Site and the PaycheckAmerica Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the PaycheckAmerica Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the PaycheckAmerica Materials other than for their intended purposes.
Any use of the Site or the PaycheckAmerica Materials other than as specifically authorized herein, without the prior written permission of PaycheckAmerica, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Users in Other States or Countries
Our corporate offices are located in Vancouver, Washington, U.S.A. Offers and services advertised on the Site may be void in some locations (i.e., outside of Washington, U.S.A. (the “Offer Locations”)). We make no claims that the Site or any of its content is accessible or appropriate outside of the Offer Locations. If you access the Site from outside the Offer Locations, you do so on your own initiative and are responsible for compliance with local laws.
Links to the Site and Other Websites
You may link to the Site, as long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link to the Site in a way that suggests any form of association, endorsement or approval on the part of PaycheckAmerica where none exists, or link from any website that you do not own or frame the Site on another site. We reserve the right to withdraw linking permission at any time in our sole and complete discretion. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method are strictly prohibited.
The Site may contain links to websites and resources provided by third parties (“Linked Sites”). These links are provided only for convenience. We have no control over and are not responsible for the content or privacy policies of any Linked Sites, and the existence of such links should not be considered an endorsement or recommendation by PaycheckAmerica of those websites, any product or service offered on or through those websites or persons associated with those websites. PaycheckAmerica makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website, and you acknowledge that PaycheckAmerica is not responsible for the availability of such links, resources or content and is not liable for, any content, advertising, products, or other materials made available on or from these linked websites.
Your use of any Linked Site, including payment for and the delivery of goods or services from a Linked Site, is based solely on the agreement (if any) between you the Linked Site provider.
Disclaimers and Limitation of Liability
BRIDGEVIEW PROVIDES THE SITE ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY LAW. YOU ACKNOWLEDGE THAT NEITHER BRIDGEVIEW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS; NOR BRIDGEVIEW’S AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (EACH A BRIDGEVIEW PARTY) WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ANY BRIDGEVIEW PARTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. NO BRIDGEVIEW PARTY ENDORSES PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. NO BRIDGEVIEW PARTY WARRANTS THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NO BRIDGEVIEW PARTY WILL BE LIABLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO BRIDGEVIEW PARTY WILL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE BRIDGEVIEW MATERIALS OR THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRIDGEVIEW’S RECORDS, PROGRAMS OR SERVICES.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE BARRED.
PaycheckAmerica SMS Terms & Conditions
Paycheck America is a direct lender that helps customers find the right personal loan to provide financial assistance. PaycheckAmerica will be sending SMS notifications to update customers on their loan applications they submit. Check the box to receive a one-time opt-in message to receive alerts about your transaction. Consent is not required in order to utilize PaycheckAmerica’s services.
To opt out at any time, text the word STOP to 48024. For help, text the word HELP to 48024.
Message and Data Rates May Apply.
Message frequency varies.
For additional support: support@paycheckamerica.com
Based on program opt-in, messages can be recurring. This service is available on AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel, & Virgin Mobile.
Messages may be delayed or undelivered for various factors. Client, carriers (including, but not limited to, T-Mobile) and any service providers utilized by Client to send messages are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages.
Privacy Policy: https://paycheckamerica.com/privacy
Blog Specific Disclaimers
All blog articles (“Articles”) on the Site are published and provided for general informational purposes only and are not intended to constitute professional advice of any kind including but not limited to accounting, tax, legal or financial advice. You agree that the information in the Articles do not create an advisor-client or other professional relationship between you and PaycheckAmerica or Article authors or editors. The views reflected in the Articles are subject to change at any time without notice, and should never be a substitute for obtaining advice from a qualified professional advisor. While PaycheckAmerica provides the information in good faith, all information is provided “as is,” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose (see Disclaimers and Liabilities above).
External Link Disclaimer. Articles may contain links to other websites (which may include message boards or forums). Your use of such sites is entirely at your own risk. The fact that PaycheckAmerica has linked to these sites does not constitute an endorsement or recommendation of any kind. The links to these sites are being provided only as a convenience to you, and are strictly for informational purposes. We do not assume any responsibility for the actions, products, services and content of these sites or the parties that operate them (see Links to the Site and Other Websites above).
Indemnification
You will defend, indemnify and hold harmless the PaycheckAmerica Parties from and against all claims, damages, costs, liabilities and expenses, including but not limited to attorneys’ fees, arising out of your: (a) use of the Site; (b) any Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
Governing Law; Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BRIDGEVIEW AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and PaycheckAmerica agree to submit any controversy, dispute or claim arising out of or relating in any way to these Terms or the Site to final and binding confidential arbitration, except that you and PaycheckAmerica are not required to arbitrate: (i) any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, and (ii) any claim within the jurisdictional limits of small claims court, provided that you or PaycheckAmerica bring such claim in small claims court. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and PaycheckAmerica agree that any arbitration will occur in Vancouver, Washington, U.S.A. and that the selection of the arbitrator shall be made by mutual agreement of you and PaycheckAmerica. If you and PaycheckAmerica are unable to agree upon an arbitrator, an arbitrator shall be appointed by a court of competent jurisdiction in Vancouver, Washington. You and PaycheckAmerica also agree that the state or federal courts in Clark County, Washington, U.S.A. have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BRIDGEVIEW WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Miscellaneous
- Currency and Interest Rates. All references in the Site to currency are to the lawful money of the United States, unless expressly stated otherwise. Interest rates indicated on the Site are subject to change without prior notice.
- Amendments. We may amend these Terms by providing you with notice of any such amendments. We will provide you with notice by posting the amended Terms to the Site and by revising the “Last Updated” date at the top of these Terms. In our sole discretion, we may also provide you with more prominent notice of any amendments, such as via the homepage of our Site or via email. If you find any amended Terms unacceptable at any time, you must discontinue your use of the Site. By continuing to access or otherwise use the Site after any amended Terms have been posted to the Site, you agree to be bound by such amended Terms. For the avoidance of doubt, any amendment to these Terms will apply prospectively only. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE SITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS.
- Termination. PaycheckAmerica reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site. PaycheckAmerica also reserves the right to terminate in our sole discretion any feature or functionality of the Site without notice to you. Notwithstanding any other provision of these Terms to the contrary, the following provisions, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this agreement and remain in full force and effect and be binding upon the parties as applicable: Proprietary Materials and Limited License; Disclaimers and Limitation of Liability; Governing Law, as well as this provision (Termination).
- Assignment and Transfer. We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms or any additional terms, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Site to any third party without the prior written consent of PaycheckAmerica. Also, these Terms are solely for your benefit and those of any PaycheckAmerica Party, and not for the benefit of any other person, except for permitted successors or assigns.
- Waiver and Severability. If we fail to assert or waive any term or condition of these Terms, that action may not be interpreted as a further or continuing waiver of the same term or condition or any other term or condition in the future. Similarly, if any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision will be deleted or limited to the minimum extent such that the remaining provisions of the contract will continue in full force and effect.
- Entire Agreement. These Terms constitute the sole and entire agreement between you and us with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Questions & Contact Information
Questions or comments about the Site may be directed to: support@paycheckamerica.com