Cashera LLC – Terms & Conditions

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"). The Cashera LLC website is owned and operated by Cashera LLC, a Florida Limited Liability Corporation ("Cashera LLC," "Company," "we," "us," or "our"). These Terms govern your access to and use of the Website, 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 LLC, and constitutes a binding legal contract between you and Cashera LLC. 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 LLC's Privacy Policy. By accessing or using the Website, you agree to the following Terms, Cashera LLC's Privacy Policy (the "Privacy Policy"), which can be found at https://casheracapital.com/privacy-policy, and all disclaimers and terms and conditions that appear elsewhere on this Website.

We may 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.

Modifications

By using or accessing the Website, you agree that Cashera LLC 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 may 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 LLC's posting of such modification on the Website, or other update of the Website or the Terms of Service.

Privacy Policy

Your privacy is extremely important to us. We encourage you to read the Privacy Policy, which can be found at https://casheracapital.com/privacy-policy and explains how we treat your personal and aggregate information and protect your privacy when you are using the Website. By using the Website, you agree that Cashera LLC may use your information as set forth in the Privacy Policy. The Privacy Policy is hereby incorporated in these Terms by reference in its entirety.

Although we strive to maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. By your continued use of the Website, you acknowledge and agree that Cashera LLC and its service providers may not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to Cashera LLC by e-mail or other electronic communications or via the Website.

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 LLC 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 LLC and yourself ("Permitted Use"), including any purpose competitive to Cashera LLC 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 LLC'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 LLC; and
• You are not prohibited by law from accessing the Website or have not previously been banned, terminated, or otherwise denied access to the Website.

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. 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 may 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; mislead Cashera LLC 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 LLC server or data contained therein (the "Materials"); attempt or enable others to attempt to obtain any Materials or Content through any means that Cashera LLC has not intentionally made available on the Website including using any automatic process; use any Materials, data or Content or distribute any Content in competition with Cashera LLC or to its detriment in any way; access, tamper with, or use non-public areas of the Website, Cashera LLC's servers, computer systems, or the technical delivery systems of Cashera LLC'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 directly or indirectly, any material or file containing, or linked to, any virus, worm, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.

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 may 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 may not incur any liability as a result of any similarities that may appear in future Company operations or business.

Cashera LLC'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 may remain the exclusive property of Cashera LLC 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 LLC'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 LLC. 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 LLC or displayed on the Website without the written permission of Cashera LLC (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 LLC or any of its affiliates, directors, officers, or employees.

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 may be solely responsible for any damage to your computer system or loss of data that results therefrom.

Cashera LLC does not warrant as to, or guarantee, the adequacy, sufficiency, accuracy, completeness or availability of the content or the website and Cashera LLC shall have no liability for any errors, omissions, misleading statements, or interruptions therein.

CASHERA LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO YOU OR ANY THIRD PARTY, AND ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AS TO MERCHANTABILITY, SUITABILITY, INVESTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS OR THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR SUFFICIENCY OF INFORMATION WITH RESPECT TO THE WEBSITE OR THE CONTENT. CASHERA LLC AND ITS VENDORS, CONTENT PROVIDERS OR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN OR DELAY OR INABILITY TO ACCESS THE WEBSITE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CASHERA LLC OR THROUGH THE WEBSITE OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

IN NO EVENT SHALL CASHERA LLC HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF CASHERA LLC (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY AGREE THAT CASHERA LLC'S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST CASHERA LLC, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO CASHERA LLC FOR THE USE OF THE WEBSITE DURING THE TERM OF THIS AGREEMENT. YOUR USE OF THE WEBSITE AND THE SERVICES OFFERED THEREIN ARE SUBJECT TO FEDERAL LAW, THE LAW OF THE STATE WHERE COMPANY MAINTAINS YOUR ACCOUNT, OR, IF COMPANY TRANSFERS YOUR ACCOUNT TO ANOTHER LOCATION, WHERE COMPANY CURRENTLY MAINTAINS YOUR ACCOUNT ("APPLICABLE LAW").

You acknowledge that Cashera LLC has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives, and independent contractors. You agree that you may not bring any claim personally against any affiliate or subsidiary of Cashera LLC or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the "Released Parties") in respect of any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the Terms of Service may protect the Released Parties as well as Cashera LLC.

Nothing in the Terms of Service shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.

Registration; Security and Password

You may be presented with the opportunity to register for an account with Cashera LLC. You agree that the registration information you provide is accurate, complete, and current. We reserve the right to reject any registration, and you acknowledge and agree that Cashera LLC, in its sole discretion, may suspend or discontinue your access to or use of any portion of the Website at any time without notice to you. For certain types of features available through the Website, including the Online Account Access features (the "Online Service"), we require the use of encryption technologies provided for your protection and your use of a user identification name ("User ID") and password after setting up a user account ("User Account"). To register or access Online Services, you must provide Account-specific information to authenticate yourself (e.g., Account owner name, reference number, or other Personally Identifiable Information). In these Terms, "you" and "your" refer to each person, or, if applicable, the entity who is an owner, signer or has unrestricted access to an Account and each person that uses the Online Service with your permission ("Authorized User"). You may never use another person's User Account and User ID without permission. When your Online Service is linked to one or more Accounts, Company may act on the oral, written or electronic instructions of any Authorized User regarding your service for those Accounts. It is your sole responsibility to notify Company if an Authorized User should no longer be given access to an Account through the Online Service.

Once you have registered, you may receive or may be able to create or input a User ID and password. You are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all actions or activities that occur on the Website during any period of time in which your User ID is logged in to the Website, whether or not expressly authorized by you. Cashera LLC disclaims all liability, and you acknowledge and agree that we may not be liable for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your User ID or password. If you become aware of any unauthorized use of, loss or theft of your User ID, password, or other account information or credentials, contact us immediately.

Company is committed to protecting the security and confidentiality of information about you, your Account, and User Account, however no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that we shall have no liability to you for any such exploitation or criminal conduct by third-parties.

Accurate Information

In creating a User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

You authorize Company to rely on the information you provide to us and your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made or agreement entered into using the Online Service. You also acknowledge and agree that if you permit another person to use the Online Service or give him or her your User ID and password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Company may comply with and use the Payment Instructions entered by any person using your User ID and Password subject to the terms set forth more fully hereof.

Electronic Communication

You acknowledge and agree that any communications between you and Cashera LLC are electronic and agree to receive these Terms, disclosures, notices, or other forms of communication (herein, individually and collectively referred to as "Communication") required by Applicable Law and all other communications electronically to the email address you designate in your account profile at the time of applying for an account or provide to Cashera LLC. You further agree that all Communication that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Cashera LLC may use reasonable efforts to honor any request you may have to opt out from receiving e-mails and/or SMS/MMS Text Messages. Company may require you to provide written confirmation of any verbal or electronic notice of alleged error by Company. Contact Cashera LLC to obtain an itemized statement of account listing the balance with any payments made or fees assessed or to opt in or opt out in receiving SMS/MMS Text Messaging, simply reply "STOP" to any SMS/MMS Text Message and/or by clicking on the "Unsubscribe" link in any email received.

TCPA Consent

Without limiting any other rights Cashera LLC or any person or entity acting on our behalf may have, you consent to us (and/or any person or entity acting on our behalf or servicing for us) communicating with you, in connection with your application or advance, using any telephone number, email address, or other contact information for you (or any persons listed on your application as a reference) that you have provided or may provide in the future to us (and/or any person or entity acting on our behalf or servicing the advance for us).

Cashera LLC (and/or any person or entity acting on our behalf or servicing the advance for us) may communicate with you using any current or future means of communication, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email directed to you at a mobile telephone service, or email otherwise directed to you. You acknowledge that such communications are informational communications and are not intended for the purpose of telemarketing.

Cashera LLC (and/or any person or entity acting on our behalf or servicing the advance for us) may use such means of communication even if you may incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or other means. Further, by providing us with your mobile number and opting-in, you give Company permission to send you account-related text messages, like payment reminders and notifications in conjunction with the services you have requested. Message and data rates may apply. To opt-out, text STOP to any text message we send you. An opt-out confirmation message may be sent back to you. To request support, text HELP to any text message we send you or email us at info@cashera.com.

Third-Party Websites and Content

The Website may contain links to third-party websites. Any such link is provided only as a convenience. Cashera LLC has no control over any such other websites, the contents thereof or the products and/or services offered. The existence of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Cashera LLC of any third-party website, any content or information contained therein or the products and/or services offered. You should also be aware that the terms and conditions of such website and the website's privacy policy may be different from those applicable to your use of the Cashera LLC Website. You should read such terms and conditions and privacy policies carefully before using any such third-party website. Your access to and use of such linked websites is governed by the Terms of Service and privacy policies of those sites and shall be at your own risk. Cashera LLC is not responsible for the content of any third-party websites, nor does Cashera LLC make any warranties or representations, express or implied, regarding the content on any third-party websites, and Cashera LLC shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such websites or otherwise.

Termination; Survival of Provisions

If you are not in full compliance with all of these Terms of Service, the permissions granted to you under these Terms of Service may automatically terminate, and you agree that in such circumstance you may no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.

Cashera LLC may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Cashera LLC may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the Terms of Service; (b) you have engaged in conduct which Cashera LLC, in its sole discretion, considers to be unacceptable; (c) Cashera LLC is required by law to do so; or (d) Cashera LLC no longer provides the Website. The above are only examples of circumstances in which Cashera LLC may terminate your right to use the Website and Cashera LLC may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

If you want to terminate your legal agreement with Cashera LLC under or consisting of these Terms of Service, you may do so by notifying Cashera LLC at info@cashera.com.

Your obligations and the disclaimers and provisions relating to (i) Cashera LLC's Intellectual Property, Copyrights, and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification and (iv) Miscellaneous may survive any termination or expiration of the Terms of Service for any reason. Survival of Other Obligations: You acknowledge that any legal obligations you may have under any other agreement with Cashera LLC (including any agreement) may not be affected in any way by the termination of the Terms of Service and any such other agreement between you and Cashera LLC may continue to be in effect in accordance with its terms.

Cashera LLC's Remedies

You acknowledge and agree that misappropriation or misuse of any content or data contained on the Website or your failure, following termination of your rights to access or use the Website, to cease accessing or using the Website or any content or data contained on the Website may result in immediate and irreparable harm to Cashera LLC for which there is no adequate monetary remedy. If you violate the Terms of Service, Cashera LLC may be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief, or other equitable relief in addition to (and not instead of or in substitution for) any other remedies at law or in equity, without the need for the posting of a bond or any other requirement.

Without prejudice to Cashera LLC's other rights under the Terms of Service, if you breach the Terms of Service in any way, Cashera LLC may take such action as Cashera LLC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you.

Indemnification

You agree to indemnify and hold Cashera LLC and the Released Parties from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys' fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website, the Content, your Cashera LLC Account, any breach or alleged or claimed breach of the Terms of Service or the materials it incorporates by reference, including the Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (ii) any act or omission by your agent, representative or third-party service provider while using your Cashera LLC Account, regardless of whether the specific use was expressly authorized by you.

Choice of Law; Forum for Disputes

The Terms of Service and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms of Service, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.

Cashera LLC and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York (the "New York Courts") for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms of Service (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website. You and Cashera LLC each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts. You and Cashera LLC each hereby irrevocably waive any, and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

Local Laws

Company makes no representation or warranty that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with Applicable Laws. Company is not responsible for any violation of Applicable Laws. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Company maintains your Account, or, if Company transfers your Account to another location, where Company then maintains your Account. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Company maintains your Account, or, if Company transfers your Account to another location, where Company then maintains your Account. You further agree to comply with all Applicable Laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Waiver of Jury Trial

CASHERA LLC AND YOU EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND FOR ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (II) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION.

Class Action Waiver

YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

Miscellaneous

You acknowledge and agree that all rights not otherwise expressly granted to you by these Terms of Service are reserved to Cashera LLC. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cashera LLC as a result of the Terms of Service or any use of the Website. The failure of Cashera LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, you and Cashera LLC agree that the court should give effect to your and Cashera LLC's intentions as reflected in such provision, and the other provisions of the Terms of Service shall remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Cashera LLC, nor trade practice, shall serve to modify any provision of the Terms of Service. For purposes of the Terms of Service, the terms "include," "includes," "including," "such as" and "for example," shall be construed as if each term were followed by the words, "without limitation." Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

Questions or Comments – Our Contact Information

Cashera LLC welcomes questions and comments about these Terms and Conditions. Questions or comments should be directed to info@cashera.com.

Last Modified: July 2, 2026