Winner Cash TERMS AND CONDITIONS

Last Updated: 08/15/2012

By accessing the Winner Cash web site and using the services on this site, you agree to be bound by the terms and conditions ("Terms") below. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this web site. The Winner Cash web site is operated by Netcylinder, Inc. All references below to Winner Cash include Netcylinder, Inc.

Loan Matching Service

Winner Cash loan matching service matches consumers with prospective lenders participating in Winner Cash direct network of payday loan lenders ("participating lenders"). To use the service, you must complete one or more online application forms that request specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. Winner Cash collection and use of this information is subject to this site's Privacy Policy. By using this web site or the service, you are deemed to have agreed to the separate terms and conditions set forth in the Privacy Policy, which are incorporated herein by reference.

Once a consumer submits the application form(s) to Winner Cash, Winner Cash shares your information with one or more participating lenders. By submitting the application form(s), you understand and agree that you are submitting an inquiry about a loan product to Winner Cash and each of the participating lenders to whom Winner Cash transmits your loan request. By submitting the application form(s), you are extending an express invitation to Winner Cash and each of the participating lenders with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

Participating lenders who receive your application information from Winner Cash review your information in real-time to determine whether your information meets the lender's loan qualification criteria. Participating lenders may, among other things, verify your social security number, perform a credit check, and review your information against national databases (such as Teletrack, DP Bureau or DataX) that tracks consumer transactions with lending institutions. By submitting the application form(s), you agree to allow participating lenders to review, verify, and research your information in such manner.

If a participating lender determines that your application meets its loan qualification criteria, the Winner Cash web site will open a new web page identifying the name(s) and contact information of the lender(s), or redirect your browser to the lender's web site. You understand and agree that, once you have been redirected to the lender's web site, Winner Cash has no further involvement in the loan application or approval process. Your subsequent interactions with the lender are subject to privacy policy, terms of use, and other policies and/or terms enforced by that lender.

Winner Cash is not a lender and does not make loans or credit decisions in connection with its loan matching service. Winner Cash does not guarantee acceptance into any particular loan program or specific loan terms of conditions with any participating lender. Winner Cash does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by participating lenders through the loan matching service are the best terms available in the market.

Winner Cash does not endorse or recommend the products of any particular lender. Winner Cash is not an agent of you or any participating lender. Winner Cash is not involved with the lender's use and/or review of your application information or in making a determination about whether you meet a particular lender's loan qualification criteria. The lender is solely responsible for its services to you, and you agree that Winner Cash shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the loan matching service and you hereby forever release Winner Cash from any and all such damages and/or costs. You understand that participating lenders may keep your application information, whether or not you are qualified for a loan with them.

Control over Features, Functions, and Access to the Service

Winner Cash reserves the right to change any information, features and/or functions of the loan matching service without prior notice. Winner Cash may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Winner Cash determines, in its sole discretion, violate these Terms, the rights of Winner Cash or any third party, or is otherwise inappropriate. Winner Cash is not responsible for any errors or delays in providing the loan matching services caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.

Disclaimers and Limitations

THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Winner Cash EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Winner Cash MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR Winner Cash SERVICES IS AT YOUR OWN RISK. Winner Cash AND/OR ITS PARTICIPATING LENDERS OR ADVERTISERS OR ANY OF THEIR
OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR Winner Cash SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Winner Cash OR ITS PARTICIPATING LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Winner Cash ITS PARTICIPATING LENDERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

As a condition of using this web site and/or the services offered herein, you agree to indemnify Winner Cash and its participating lenders from and against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

Links to Third Parties

This web site may contain links to other web sites operated by participating lenders or other third parties. Such links are provided for your convenience and reference only. Winner Cash does not operate or control in any respect any information, software, products or services available on such third party sites. Winner Cash inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Dispute Resolution

Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by Winner Cash or to any acts or omission for which you may contend Winner Cash is liable, including but not limited to any controversy or claim as to arbitrability ("Dispute"), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Palm Beach County, Florida and judgment on the arbitration award may be entered into any court of competent jurisdiction in Palm Beach County, Florida. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND Winner Cash WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. By using Winner Cash service, you consent to these restrictions.

In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Winner Cash you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Other Terms

These Terms constitute the entire agreement between you and Winner Cash These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by Winner Cash to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Winner Cash may amend these Terms at any time by posting the amended terms on its web site. All amended terms are automatically effective immediately, upon the posting of such amended terms on the web site by Winner Cash. These Terms are binding upon and shall inure to the benefit of the successors and permitted assigns of each of you and domainSite.

Questions

You may direct any questions concerning these Terms to:

Winner Cash
P.O. Box 294
Babylon, NY 11702

Click Here to Ask a Question


Copyright (c) 2012 Winner Cash All rights reserved. Other product and company names mentioned herein, including the names of participating lenders, may be the trademarks of their respective owners.