Please read the following Terms and Conditions carefully before using this website or our Services (collectively, and individually referred herein as the “Terms”, “Terms of Service,” or “Terms of Use”). Welcome to the Cashera website, owned and operated by Cashera,. These Terms govern your access to and use of the Website, www.casheracapital.com, including any subdomain thereof, as well as any online features, services, account, use of social forums, blogs, posts, and programs offered by Company (collectively, the “Site” or “Website”), and the products and services offered to you by Cashera. All use of the Website and the Content (as defined herein), including your Account on the Website (your “Account”), is subject to these Terms and Cashera’s Privacy Policy. By accessing or using the Website, you agree to the following Terms and all disclaimers and terms and conditions that appear elsewhere on this Website. You should review these Terms regularly as they may change at any time at the sole discretion of Company. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and downloaded from the Website.
We will make an effort to update this web page with any changes to these Terms and to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
About the Terms of Service
These Terms constitute a binding legal contract between you and Cashera, and are in addition to any other agreements between you and Cashera, including any other agreement, that govern your use of products, account, services, content, tools, and information available on the Website. If there is any contradiction between these Terms and any other agreement you enter into with Cashera, the other agreement shall take precedence, but only to the extent of such conflicting terms. Terms related to the use of online services to your accounts that you have with Company (herein, your “Account”) are set forth hereof. You affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR ANY CHILD UNDER 13 THAT IS UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
Modifications
By using or accessing the Website, you agree that Cashera may modify the Terms of Service or the Website at any time without prior notice. Your continued use of the Website after any modification of the Terms of Service will indicate your acceptance of the relevant modification and the Terms of Service as so modified.
It is your responsibility to review these Terms from time to time to see if modifications have been made. Any modification is effective immediately from and after Cashera’s posting of such modification on the Website, or other update of the Website or the Terms of Service. You will know if these Terms of Service have been modified since your last visit to the Website by referring to the “Last Modified” date at the end of this page. Cashera reserves the right, at any time or from time to time, to modify, add to, delete or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
Acceptable Use of the Website; Conditions of Your Use
The Website is for your own personal use only. The Website is designed for individuals/merchants contemplating entering into a merchant cash advance or individuals/merchants interested in learning more about Cashera and its products and services. You may only use the Website for one of these purposes.
Without limiting the generality of the preceding paragraph, you are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any descriptions, prices or any other information posted on the Website for any purpose other than your own personal use or as otherwise permitted in an agreement between Cashera and yourself (“Permitted Use”), including any purpose competitive to Cashera or any commercial purpose, including marketing; (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or (d) otherwise interfering with the ordinary operation or mission of the Website or Cashera’s products or services.
Your use of the Website is conditioned upon the following statements being true:
You are 18 years of age or older;
You are a U.S. resident;
You are able to form a binding contract with Cashera;
You are not prohibited by law from accessing the Website or have not previously been banned, terminated, or otherwise denied access to the Website; and
You are not acting on behalf of a person whose access to the Website has been previously terminated or otherwise denied by us.
Except as explicitly permitted by the Terms of Service, and without limiting anything else in these Terms, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content (as defined below), in whole or in part, for any purpose, in any form or manner or by any means whatsoever without the prior written consent of Company. You also may not redeliver any of the pages, text, images or other Content or the Website using “framing” or similar technology or for any purpose, including any attempt to impersonate Cashera or any employee, representative or agent of Cashera or otherwise create the appearance or suggestion that you have a relationship to Cashera or that we have endorsed you for any purpose. Any unauthorized use of the Website, the Content, or any other intellectual property contained therein is strictly prohibited.
As conditions of your use of the Website, you agree to comply with the Terms of Service and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the Terms of Service, you agree not to:
Register for more than one account, or register for an account on behalf of an individual/merchant other than yourself;
Impersonate or spoof the identity of another user of the Website, any employee, agent or representative of Cashera or any other person, otherwise mislead Cashera as to your identity or financial status or condition, or attempt to do the same;
Attempt to or enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any Cashera server or data contained therein (the “Materials”), including through hacking, password theft or any other means;
Attempt or enable others to attempt to obtain any Materials or Content through any means that Cashera has not intentionally made available on the Website including using any automatic process, such as data mining, robots or similar data gathering and extraction tools, to search or harvest information from the Website or attempt to access or search the Website, Materials or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Cashera or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox or Google Chrome);
Use the Website or the Materials in any manner (or any other conduct) that could damage, disable overburden or impair the Website or any Cashera server or the network(s) connected to any Cashera server or the availability or accessibility thereof, or that might interfere with any other person’s access to or use or enjoyment of any Materials;
Use any Materials, data or Content or distribute any Content in competition with Cashera or to its detriment in any way;
Access, tamper with, or use non-public areas of the Website, Cashera’s servers, computer systems, or the technical delivery systems of Cashera’s service or hosting providers or lessors;
Attempt to decipher, decompile, disassemble, or reverse engineer, reverse compile or reverse assemble any of the software used to provide the Website or Content;
Use, save, imbed, transmit or send (whether on, to or through the Website), directly or indirectly, any material or file containing, or linked to, any virus, worm or any other computer, software or technological component, code, routine, script, malware, spyware, files, keystroke logger, Trojan horse, rootkit, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.
Cashera does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to Cashera or the Website. If Cashera permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:
Is commercial or promotional in nature, without the prior written authorization of Cashera;
Constitutes junk mail, unsolicited commercial messages (“spam”), chain letters, pyramid schemes or the like;
Is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, is racially, ethnically, religiously or otherwise objectionable, or otherwise violates the legal rights of others or capable of giving rise to legal action whether against you or Cashera or any affiliate or a third party (in each case under any applicable law) or that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
You do not have the right to make available under any law or under contractual or fiduciary relationships or obligations (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
Contains viruses, worms or any other computer, software or technological component, code, routine, script, malware, spyware, keystroke logger, Trojan horse, rootkit, files, application, or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.
Cashera reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Cashera does not control the information provided by other users that is made available through the Website. You agree that you will have no claim against Cashera or any Released Party (as defined below), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding Cashera’s rights under the Terms of Service, Cashera does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.
You hereby grant Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Company through this site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or business.
Use of Communication Services
Company’s Websites may contain or use other forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:
you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
is vulgar, obscene, pornographic, or indecent;
threatens or abuses others; (v) is libelous or defamatory towards others;
is racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors for any purpose;
includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials posted on, uploaded, or provided by you to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
Cashera’s Intellectual Property, Copyrights, and Identifying Marks
All rights, title, and interest in and to the Website and the Content (as defined below) and any, and all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Cashera or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.
You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account, except as otherwise set forth herein. Subject to the terms and conditions of the Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Website and the Content for personal use and Permitted Uses only, until such time as the Terms of Service terminate or expire or your right to use or access the Website is terminated in accordance with below (“Termination; Survival of Provisions”). Without Cashera’s prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of any products or services sold or offered by Cashera.
Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by Cashera or displayed on the Website without the written permission of Cashera (or the third-party owner of the mark, if applicable). You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of Cashera or any of its affiliates, directors, officers, or employees.
For purposes of the Terms of Service, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Cashera’s information and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
Information and Feedback You Provide to Cashera
By submitting information or other material to us, if any, you grant Cashera a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the Terms of Service and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.
You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to us with respect to the Content or the Website. You and Cashera acknowledge and agree that any such Feedback is provided voluntarily. We will endeavor to consider and may discuss with or respond to you regarding Feedback you provide, but we shall have full discretion to determine whether or not to proceed with the development of the suggested or requested enhancements, new features or functionality. Should we determine that we wish to proceed with such enhancements, features or functionality, we may elect, in our discretion, to integrate the new enhancement, feature and/or functionality into the Website, the Content or Cashera’s, products and services. You hereby grant us a royalty-free, fully paid up, worldwide, transferable, sub-licensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of Feedback, and (b) use Feedback and/or any subject matter thereof, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Website is provided to you on an “as is” and “as available” basis. Your use of the Website and any material you may access, download, or otherwise obtain from or through the Website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
