Privacy Policies

Our company respects your privacy and is committed to protecting your personal information. However, please be aware that we do not respond to Do Not Track (DNT) signals or similar mechanisms. This means that our systems and applications may continue to collect information about your online activities as you navigate our website and use our services.

Our company does not sell your personal information to third parties; we are committed to maintaining the security of your personal information and do not engage in the sale of such information as defined under California law. If our practices change in the future and we decide to sell personal information, we will update this Privacy Policy and provide you with necessary disclosures and choices regarding your personal information.

Our website uses cookies and similar tracking technologies to enhance user experience and analyze website traffic. Cookies are small text files stored on your device that help us recognize you and remember your preferences. We may use both first-party cookies (set by our website) and third-party cookies (set by external websites or services). We may also allow third-party service providers to place cookies on your device to assist us with analytics and marketing. We do not control these third-party cookies, and their use is governed by the respective privacy policies of those third parties. You can manage your cookie preferences at any time. You can choose to accept or reject cookies through your browser settings. Most web browsers allow you to: (i) view and delete cookies; (ii) block cookies from specific sites; (iii) block all cookies; and (iv) set up alerts to notify you when cookies are being sent. For detailed instructions on how to manage cookies, visit your browser’s help section.

Your rights

Under the California Consumer Privacy Act. California residents have a right to:

• Know what categories of personal information is collected.
• Know the purpose for which personal information is collected.
• Request a copy of any personal information collected about you.
• Request that we delete certain personal information.
• Know what categories of personal information we share.
• Request that we not share your personal information. (Note: we do not sell personal information)
• Be free from discrimination for exercising your rights.

Categories of personal information collected

We collect the following categories of personal information and may have done so in the past 12 months:

• Identifying information such as a real name, alias, postal address, telephone number, email address, social security number, driver’s license numbers, internet protocol address, cookies, beacons, pixel tags, mobile ad identifiers, geo tag location, signature etc.
• Financial information such as; bank account numbers, debit card numbers, employment history, salary history, etc.
• Protected classifications such as race, color, national origin, age, sex, gender, and military and veteran status.
• Commercial information such as records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies.
• Online activity: internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements.
• Communications: telephone, email, text, or regular mail communications relating to your account.
• Inferences: any inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• We do not knowingly collect information about or from those under the age of eighteen.

Sources of personal information collected

This information may be collected from various sources including:

• Directly from you.
• From your devices when you visit our websites.
• Other individuals, such as authorized agents or family members.
• Inferred from information collected from you and the other sources listed above.
• Our affiliates, vendors and joint marketing partners.
• Social networks.
• Government entities and public records.
• Consumer data re-sellers.

Reasons we collect personal information

This information is collected for the following reasons:

• For regular business transactions such as: underwriting loan applications and processing your applications for loans or financial services; providing services to our customers; maintaining customer accounts and records; communicating with customers; responding to court orders, investigations and inquiries from investigatory agencies; collecting on accounts receivable; marketing our services etc.; for the regular business purposes of our affiliates so that they can support our operation and assist in determining creditworthiness.
• Detecting and securing against fraud, deception malicious and illegal activity.
• Identifying and repairing bugs in our system.
• Internal research for technological development.

Personal information we share with others

NET PAY ADVANCE INC. DOES NOT SELL PERSONAL INFORMATION. We do however, share and discloses certain personal information. During the past 12 months, we may have disclosed the categories of Personal Data above below for business purposes and subject to the limitations applicable state and federal laws and regulations.

• Identifying information such as a real name, alias, postal address, telephone number, email address, social security number, driver’s license numbers, internet protocol address, cookies, beacons, pixel tags, mobile ad identifiers, geo tag location, signature etc.
• Financial information such as; bank account numbers, debit card numbers, employment history, salary history, etc.
• Protected classifications such as race, color, national origin, age, sex, gender, and military and veteran status.
• Commercial information such as records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies.
• Online activity: internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements.
• Communications: telephone, email, text, or regular mail communications relating to your account.
• Inferences: any inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• We do not knowingly collect information about or from those under the age of eighteen.

With whom we share personal information

This information may be shared with certain categories of third parties including:

• Authorized agents or family members.
• Our affiliated contractors, and partnering businesses.
• Government entities as required by prevailing legal and regulatory authority.

Reasons we share personal information

This information is shared for the following reasons:

• For regular business transactions such as: underwriting loan applications and processing your applications for loans or financial services; providing services to our customers; maintaining customer accounts and records; communicating with customers; responding to court orders, investigations and inquiries from investigatory and regulatory agencies; collecting on accounts receivable; marketing our services etc.; for the regular business purposes of our affiliates so that they can support our operation and assist in determining creditworthiness.

Right to request that we not share or sell personal information

While NET PAY ADVANCE INC. DOES NOT SELL PERSONAL INFORMATION . pursuant to the California Consumer Protection Act, California Residents have a right to request that we not share, sell or transfer your personal information to others. However, there are some exceptions and limitations to this right. Specifically, we may be exempt from complying with a request to refrain from sharing, transferring or selling your information under the following circumstances:

1. When doing so is necessary to provide the financial service you have requested.
2. When doing so is necessary to process loan applications you may have submitted.
3. When doing so is necessary to detect security incidences, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
4. When doing so is necessary to comply with lawful orders from law enforcement, courts and government agencies.
5. When doing so is necessary for litigation purposes.
6. When doing so is necessary to complete the transaction for which the personal information was provided, to provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
7. To the extent that state law requiring compliance with a request not to share personal information is pre-empted by prevailing federal legislation a regulations such as the Gramm, Leach, Bliley Act.

Note: From time to time we share personal information with third party partners for the purpose of conducting business with you, processing any loan applications, and processing requests for services which you have submitted, Please be advised that any request that we DO NOT SELL YOUR INFORMATION may result in an inability to process any requests for financial services, or applications for loans and may result in the denial of any such requests or applications.

Right to non-discrimination

If you chose to exercise any rights under the California Consumer Privacy Act, you will not be discriminated against and the same services and benefits may be obtained at the same price and rate with the same level of quality as those benefits and services obtained by those who chose not to exercise their rights under the California Consumer Privacy Act. However, if you do not allow us to share your data, or if you request that we delete your data, we may not be able to properly ascertain credit worthiness and therefore we may deny any application for a loan or other financial services.

Right to timely response to requests under the California Consumer Privacy Act

We will acknowledge receipt of any request made under the California Consumer Privacy Act within 10 days of its receipt. We will respond to verifiable consumer requests within 45 days of receipt. If we require more time, we will inform you of the reason and extension period in writing. If necessary, we may take a total of 90 days to completely respond to such requests.

This California Consumer Privacy Act Policy is applicable to Net Pay Advance Inc.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

Net Pay Advance, Inc. d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

NPATX LLC d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

NPAKS LLC d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

NPAMO LLC d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

NPATN LLC d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

NPAUT LLC d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

NPALA LLC d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.

Last updated: March 27, 2025

Introduction

These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you,” “your,” or “yourself”), and Net Pay Advance and its subsidiaries and affiliates (“we,” “us,” or “our”). These Terms of Use apply to our website located at www.netpayadvance.com/, and all associated websites, including our subsidiaries and affiliates (collectively, the “Site”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, AND/OR DOWNLOADING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Site Ownership; Agreement to Terms of Use

BY USING THE SITE, YOU ACKNOWLEDGE THAT THE SITE IS OUR PROPERTY AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED AS IF FULLY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendments, Supplements, and Changes to These Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update, maintain or support the Site or any information on the Site, or to supply corrections, updates, or releases in connection therewith. You agree that we will have no liability whatsoever to you or any third party for any modification, suspension, or discontinuation of the Site or for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We may change any of the Terms of Use by posting revised Terms of Use on the Site. Unless you terminate your account, the new Terms of Use will be effective immediately upon posting and apply to any continued or new use of the Site and our services. It is your responsibility to periodically review these Terms of Use to stay informed of updates. We may change the Site or our services, or any features of the Site or services at any time, and we may discontinue the Site or services or any features of the Site or services at any time.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations other than the United States, do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable.

Security Measures

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site are not encrypted.

User Registration

You may be required to register with the Site to access some of our services. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You agree that you will not register for more than one account, you will keep your password confidential, and you will be responsible for all use of your account and password, including activities that occur in your account. We will not be liable for any harm related to the theft of your access credentials.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

If you have reason to believe that your account is no longer secure, you must immediately notify us via email or call us at (888) 942-3320.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
2. you have the legal capacity, and you agree to comply with these Terms of Use;
3. you are a natural person and not under the age of 18, or not a minor in the jurisdiction in which you reside;
4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. you will not (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about another user of the Site; (iii) probe, scan or test the vulnerability of the Site, our network and/or our systems or breach security or administration measures without proper authorization; (iv) attempt to interfere with service to any other user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting or introducing a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (v) send unsolicited email, including promotions and/or advertising products and services. Violations of system or network security may result in civil and/or criminal liability;
6. you acknowledge and agree that use of a username and a password is an adequate form of security;
7. you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions;
8. you will not use the Site for any illegal or unauthorized purpose; and
9. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current and future use of the Site (or any portion thereof).

Prohibited Activities

You must be 18 years or older (or the legal age of majority established by your state of residence) to use the Site and our services. The Site is intended for users who are at least 18 years old. Minors under 18 years of age are prohibited from using the Site and our services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other Content (defined hereinbelow) from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including by way of example and not limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site and/or the Content contained therein;
4. engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
5. engage in unauthorized framing of or linking to the Site, including the use of any framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
6. trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of fraud, abuse, or misconduct;
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering, aggregating, analysis, or extraction tools;
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. attempt to impersonate another user or person or use the username of another user;
11. share or permit another person to use your username or password or transfer your profile;
12. use any information obtained from the Site in order to harass, abuse, stalk, or harm another person;
13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. decipher, decompile, disassemble, deconstruct, or reverse engineer any of the software comprising or in any way making up a part of the Site;
15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including unauthorized access to other accounts, systems, or networks;
16. engage in, or attempt to engage in, activities to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
17. delete the copyright or other proprietary rights notice from any Content;
18. copy or adapt the Site’s software or code;
19. upload, transmit, or distribute (or attempt to upload, transmit, or distribute) any viruses, Trojan horses, harmful code, or other malware or material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that could (i) damage, disrupt, or impair the functioning of the Site or any associated systems; (ii) interfere with any person’s uninterrupted use and enjoyment of the Site; or (iii) modify, impair, disrupt, alter, or interfere with the use, features, functions, operation or maintenance of the Site;
20. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”);
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;
22. disparage, tarnish, or otherwise harm, in our sole opinion, us, and/or the Site;
23. use or access the Site in a manner inconsistent with any applicable laws or regulations;
24. utilize artificial intelligence tools or systems to create, manage, or manipulate any content on the Site in ways that may mislead or harm other users, violate privacy rights, or engage in unethical practices; and
25. share your or others sensitive personal information or financial data that could compromise privacy or security.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any access to the Site, or portion thereof;
4. in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. in our sole discretion and without limitation, suspend or terminate your account if we determine that (i) you are a person that has publicly made a comment or statement, or otherwise publicly made known a position (including by way of membership in an organization that has publicly stated or acknowledged that its goals, objectives, positions, statements, or principles could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm), that could be reasonably perceived as hateful content or a threat of physical harm; or (ii) you have acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm; and
6. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, page headers, button icons, scripts, and service names on the Site (collectively, the “Content”) and the trademarks, service marks, trade dress, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written authorization.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Mobile Application License

Use of our services and access to the Site may be made available through a browser on a mobile device or through an application running on a mobile device. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of the Mobile Application License contained in these Terms of Use.

When using the mobile application, you shall not:

1. decompile, reverse engineer, disassemble, deconstruct, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial email; and
9. use any proprietary information or any of our interfaces or our other Content or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You are responsible for all costs incurred by you with respect to the utilization of our services or access to the Site on a mobile device, including data usage fees and other telecommunication fees.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store® or Google Play® (each an “App Distributor”) to access the Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS® or Android® operating systems, as applicable, and in accordance with the usage rules set forth in the application App Distributor’s terms and conditions;
2. we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the Mobile Application License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application;
3. in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, has no other warranty obligation whatsoever with respect to our mobile application;
4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the Mobile Application License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Mobile Application License contained in these Terms of Use against you as a third-party beneficiary thereof.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

Availability and Interruptions

We make no guarantees that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, errors, or limited or slow access due to causes beyond our control.

Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR SOLE REMEDY AGAINST US 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 YOU AND US.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of your residence to the extent not preempted or otherwise disclosed in your loan agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a written decision but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Sedgwick County, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sedgwick County, Kansas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Limitations of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, employees, directors, business partners, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Site; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon our becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Consent to Electronic Communications, Transactions, and Signatures

Any disclosures will be provided to you electronically through the Site or via electronic mail to the email address you provided.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your consent to electronic communications will remain in effect for so long as you are a customer and, if you are no longer a customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a customer have been made.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, DISCLOSURES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any law or regulation, rule, or ordinance in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

To access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported web-browsing software (e.g., Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing in PDF format, you must have Adobe Reader®.

You may withdraw your consent to receive disclosures electronically by contacting us at the address set forth below. However, once you have withdrawn your consent, you will not be able to complete a loan application or access other functions on the Site. If you have a pending application on the Site and you withdraw your consent to receive disclosures electronically, we will terminate your application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect and we will send disclosures to your home address provided during the application process.

You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by updating it online in your account, sending an email, or calling (888)-942-3320. You also agree to promptly update your home address and telephone number on the Site if they change.

Customer Communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for all purposes, at any telephone number or physical or electronic address you provided or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) as set forth in the SMS Short Code Terms and Conditions hereinbelow, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, (s)he may also leave a message on your answering machine, voice mail, or send a message via text. If a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may leave a message on your answering machine or voice mail.

If you are in default of your obligations to us, you authorize us to call you using any telephone numbers you have provided to us, or at other telephone numbers we have obtained for you, to leave a message with a person or voice mail service stating our name and telephone number, to text you, to write you at your home address, and to acquire location information about you from others. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges or any liability for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us, our representatives (or our affiliates) or that we, our representatives (or our affiliates) place to you.

Third-Party Links

By using our services, you agree and authorize us to obtain personal and financial information (collectively, “Financial Information”), as applicable from your financial institutions (“Bank Account(s)” as defined below) with your consent and from time to time until either (i) you revoke your authorization for us to obtain Financial Information; or (ii) your Account is closed or terminated. We use Charitize, Inc. (“Rightfoot”) to gather your Financial Information. By interacting with the services for which we use Rightfoot, you acknowledge and agree that we may provide information about you to Rightfoot for Rightfoot to access and retrieve such Financial Information. The terms of Rightfoot’s Privacy Policy govern Rightfoot’s collection, transfer, storage, and use of that information, and you consent to Rightfoot’s Privacy Policy. You also expressly grant us and Rightfoot the right, power, and authority to act on your behalf to access and transmit Financial Information from your Bank Account(s) as reasonably necessary for Rightfoot to provide its services. You are not required to consent to this authorization for Financial Information to be considered for our services, including whether we grant your request for a loan; however, depending on your relationship with us, doing so may affect the products and services we provide to you, or our ability to provide such products and services. You may withdraw your consent to this Authorization for Financial Information by contacting us at (888) 942-3320 or email. The link hereinabove will let you leave our site.

You should review the applicable privacy and data gathering practices of any website to which you navigate from the Site. Any linked site is not under our control we are not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such site.

Privacy Policies

Our Privacy Policy (and for Texas customers only, the Privacy Policy of R-Funding LLC here) details how your information is collected, used, and shared when you use our services. Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site and/or our services, you also consent to and agree that we can process your information in the ways set out in our Privacy Policy, so please read it carefully.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permitted by applicable law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Company Contact Information

If you have any questions or comments, please contact us via email, or by mail at the following address: Net Pay Advance, Attn: Legal Department, 3615 N. Ridge Road, Wichita, KS 67205. Please note that email communications will not necessarily be secure; accordingly, you should not include personal or sensitive information in your email correspondence with us.

SMS Short Code Term and Conditions

If you do not understand any of these terms and conditions, please consult with a legal expert for clarification.

By providing your mobile telephone number you expressly consent to receive text notifications from us related to your account (the “SMS Service”), including but not limited to:

• Application completion assistance
• Payment due date reminders and notifications

When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.

You can cancel the SMS Service at any time. Just text “STOP” to 88571. After you send the SMS message “STOP” to us, we will send you one (1) SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 88571. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. The frequency and amount of SMS messages may vary. If you have any questions about your text plan or data plan, you should contact your wireless service provider. For all questions about the SMS Services provided, you can send an email.

Limitation of Liability of SMS Service

The SMS Service is provided on an “AS IS” basis. Delivery of content and/or information to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.

NPASC LLC d/b/a NetPayAdvance.com (which includes our successors, assigns, agents and service providers) (hereinafter collectively referred to as “us,” “we,” or “our”) want to provide you with Communications electronically. Certain laws and regulations require us to provide Communications to you “in writing,” which means you may be entitled to receive the information in paper format. The E-SIGN Act allows us to provide Communications to you electronically and to conduct transactions with you electronically, with your consent.

We may send to you by email or by posting on our website required legal notices, regulatory disclosures, and other Communications (collectively, “Communications”). Unless you notify us otherwise in writing, you consent to receive all Communications through electronic means only and acknowledge, confirm, and demonstrated that you can access the Communications. All Communications given to you by email to your email address or on our website are deemed to have been duly given and effective upon transmission or when posted.

You consent and agree to receive all Communications electronically through our website or by email under the terms of this Consent to Electronic Communications that in any way relate to any transaction or potential transaction. By consenting to the electronic delivery of Communications required to be provided to you in writing, you agree that we may provide electronically any and all Communications concerning, among other things, our decision on your application, the terms of any credit services or loans that may be provided to you, any arbitration provision you may be subject to, our privacy policies and notice, disclosures and Terms of Use on our website, any electronic payment authorization you give us, the status and history of any loans, any other disclosures under federal or state law, and any updates to previously listed agreements, policies, disclosures, authorizations, or other notices. You also agree (i) that Communications we send you electronically satisfy any legal Communication, notice, or disclosure requirements, including those that are required to be in writing; (ii) to accept the terms and risks of such use of electronic Communications, including, by way of example and not by way of limitation, Communications that may contain sensitive, confidential, and collections-related information; (iii) are responsible for ensuring that you have a current and operable email address on file for delivery of Communications; and (iv) to promptly update your contact information, including your email address, to ensure accuracy should any changes be necessary.

The Communications may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act and Regulation V; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act and Regulation P; (6) the federal Telephone Consumer Protection Act; or (7) any other applicable federal, state, or local law or regulation. Your consent applies not only to your application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and to any other products or services that you obtain from us.

To electronically receive, view, save, or print the Communications, you must have: (1) a personal computer, mobile device, tablet, or similar device with Internet access; (2) a widely-used, recent-generation web browser (for example, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an active email address; and (5) either a printer, hard drive, or other storage device. We may update these requirements as necessary to preserve the ability to receive electronic Communications. Should we provide you with updates to our system requirements and you do not withdraw your consent to receive Communications and transact with us electronically, you signify your acceptance of the change(s) and reaffirm your consent. You understand that the Communications may be sent to you by emails containing attachments in PDF format or HTML content or via links to documents on our website. You should make sure that any spam filter you use is set to allow receipt of messages from us.

If the information you have supplied us for contacting you electronically changes, please notify us of your new contact information by sending an email to [email protected]. By agreeing to this Consent to Electronic Communications, you represent that you have the hardware, software, and email address necessary to receive the Communications. We are not responsible for any delay or failure in your receipt of the Communications if we send the Communications to the last email address you provided to us.

Prior to submission of your application and execution of loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting our website. If you do this, you will not be able to do business with us electronically, we may terminate our relationship with you, you will remain responsible for any amounts that you owe us or that may come due under any agreements or accounts with us; and any other obligations you have under any agreements with us will remain in full force and effect. You may also withdraw your consent at any time after submitting your application by sending an email to us stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 1-888-942-3320. Include your name and address in any such request. If you do this, you will not be able to do business with us on a going forward basis electronically, but this will not affect any Communications provided to you electronically prior to your withdrawal. You have the option to receive any Communications that we have provided electronically in paper form at no cost to you. To obtain a paper copy, please call us at 1-888-942-3320.

We will not send paper copies of any Communications; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communications that you have authorized us to provide electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

Last updated: March 27, 2025

At Net Pay Advance (“Company,” “we,” “us,” or “our”), we are committed to protecting your privacy, ensuring that your personal information is handled in a safe and responsible manner, and complying with applicable laws and regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Our website (“Website”) uses cookies to collect information about your visit, including your IP address, browser type, and pages visited, among other things. This information is used to improve our Website and provide better user experience. In some cases, we may also use cookies to collect personal information, or information that becomes personal information when combined with other information.

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use.

By using our Website, you consent to the collection of your geolocation information for the purpose of remarketing. Upon your consent, we may collect data related to your on-site browsing behavior, such as the pages you visit, time spent on each page, interactions with products or services, search queries, and any other actions taken while browsing. This information is used to enhance your experience on our Website and to provide you with personalized advertising based on your interests and browsing activity. Geolocation information is not shared or sold.

Cookies Defined

Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work (or to work more efficiently), provide reporting information, and permit the website to recognize and remember your device and store some information about your preferences (e.g., display) or past actions over a period.

Cookies set by the website owner (in this case, the Company) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.”

Why We Use Cookies

We may use first- and third-party cookies for many reasons. Some cookies are required for technical reasons to make our Website operate, and we refer to these as “essential” or “strictly necessary” cookies. Specific cookies served may vary depending on the specific online properties you visit. Other cookies enable us to track and target the interests of visitors and users to enhance the experience of our Website.

More specifically, we may use cookies on our Website to improve our service to you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.

Types of Cookies We May Use; Purpose

Essential cookies are strictly necessary to provide you with services available through our Website and to use some of its features, such as access to secure areas. Essential cookies are only set in response to your actions when you request services, such as cookies that enable you to log into secure areas.

Performance and functionality cookies may be used to enhance the performance and functionality of our Website but are non-essential. Without these cookies, however, certain functionality (e.g., videos) may become unavailable. Examples of functional cookies include cookies that remember your login details, ensure your security when logged in, enable our Website to look consistent, provide data on how our Website is being used, provide information on what website you came from, what pages of our Website you visit, how long you were on our Website, and what type of browser you are using. We may also use these cookies to serve new and different content and to test new features.

Analytics and personalization cookies may be used in aggregate form to help us determine the effectiveness of our marketing campaigns, or to help us customize our Website for you. For example, if you enter your name, address or zip code into a web form, it may be stored in a cookie, so you do not have to enter it again on other forms. Additionally, these types of cookies may be used to track traffic to our Website and identify areas for potential enhancement or improvement. You can opt out of these cookies by disabling them in your browser settings.

Advertising cookies may be used to make advertising messages more relevant to you and your interests. They perform functions such as preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests.

Session cookies are temporary and disappear when you close your browser. They may be used to help track your activities during a single session on our Website.

Persistent cookies will stay on your computer for a set period or until you delete them. They may be used to help us recognize you on subsequent visits and remember your preferences.

Tracking cookies track your browsing activity across different websites. They are often used by third-party advertisers to build a profile of your interests for targeted advertising.

Security/Authentication cookies are used to maintain the security of your account and to authenticate your access.

Third Party Cookies

Third parties may serve cookies on your computer or mobile device to deliver advertising through our Website. These companies may use information about your visits to our Website, as well as other websites, to provide relevant advertisements about goods and services that may be of interest to you. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons (defined below) to collect information about your visits to our Website and other websites. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide this information.

Third-party cookies may enable third-party features or functionality to be provided on or through our Website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits our Website and also when you visit certain other websites.

We may also use third-party cookies for advertising purposes. These cookies allow us to display personalized ads based on your browsing history. You can opt out of these cookies by visiting the Network Advertising Initiatives Opt-Out Tool here.

Web Beacons

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny, transparent image files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email. Specifically, we may employ pixels to monitor user interactions, such as clicks on specific links, time spent on various pages, and conversions related to our loan offerings. Additionally, pixels allow us to deliver or communicate with cookies, to understand whether users have come to our Website from an online advertisement displayed on a third-party website, to improve our Website performance, and to measure the success of email marketing campaigns by providing data on user responses to advertisements and other promotional efforts. By utilizing pixels, we can gain insights into how users navigate our Website, allowing us to optimize the user experience and deliver more relevant content. This data also helps us identify trends and preferences among users, enabling us to tailor our products and services. Furthermore, pixels assist us in our retargeting efforts, allowing us to present personalized advertisements to users who have previously visited our Website. This information is also crucial for ensuring compliance with relevant regulations while prioritizing consumer privacy and data protection. We are committed to transparency and take concerted efforts to ensure consumers are informed about our use of pixels and other technologies through our updated Cookie Policy, allowing informed choices regarding online privacy. In many instances, these technologies are reliant on cookies to function properly, so declining cookies may impair their functioning.

Data Collection, Usage, Sharing, and Storage

We may collect personal information through cookies, including your IP address, browser type, device information, and other data regarding your interactions with our Website. This information is used to improve our services, enhance user experience, and provide you with relevant content and advertisements.

We may share information collected through cookies with third parties, including service providers, advertising partners, and regulatory authorities, as permitted by applicable law. We retain your information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, which contains details on how we collect, use, and share your personal data.

Opt-Out Mechanisms; Control of Cookies

You have the right to decide whether to accept or reject cookies. Essential cookies cannot be rejected because they are strictly necessary to provide you with services.

Cookies are generally easy to clear from your browser’s cache, disable or delete, but the method varies between browsers. To obtain more information on your specific browser’s controls, you should visit your web browser’s help menu. If you choose to clear, disable, or delete cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted and you may be required to re-enter information for certain functionalities.

Additionally, most advertising networks offer you a way to opt out of targeted advertising. For example, please visit https://digitaladvertisingalliance.org/ or https://optout.networkadvertising.org/?c=1.

Our Website currently does not respond to “Do Not Track” requests through mechanisms such as web browser signals.

California Consumers: CCPA/CRPA Compliance

Pursuant to the CCPA, you have the right to know what personal information we collect about you, how it’s used, and whether it’s shared with third parties. You also have the right to opt out of the sale or sharing of your personal information. For more details on how we collect, use, and share your personal data, please review our Privacy Policy.

Periodic Updates; Contact Information

We may update this Cookie Policy from time to time to reflect changes to cookies or other technologies we may use or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Cookie Policy on this page and updating the “Last updated” date at the top of the policy. It is your responsibility to visit this Cookie Policy periodically to stay informed about our use of cookies and related technologies.

If you have any questions about this Cookie Policy, our use of cookies or other technologies, please email us at [email protected] or by calling (888) 942-3320.