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Terms and Conditions of Use

Last Updated Date: April 01, 2025

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.