Last Revised: November 15, 2023
The websites (collectively, “Site”) on which this Terms of Use (“Terms”) appear is/are owned and operated by eMoneyUSA Holdings, LLC (collectively, “eMoney,” “we,” “our,” or “us”). For purposes of these Terms, “you” or “your” means the person accessing the Site and any persons that allow others to provide information about themselves to us. The Site may provide information, documents, tools, products, services, accounts, offers, suggestions on the best way to use our products, and/or information on where to purchase our products (collectively, “Services”).
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration provision below, you agree that you or us may require disputes between you and us regarding your use of the Site or Services to be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see the arbitration provision below.
We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our arbitration provision, which is discussed more fully below. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.
In addition to these Terms, your use of certain Services may be governed by additional agreements.
Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
We reserve the right to withdraw or amend this Site, and any Services or Materials (defined below) we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
To access the Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information or any other means to access the Services, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
Unless otherwise specified in these Terms, all information and screens appearing on this Site are the sole property of us or our subsidiaries and affiliates, and other parties. We provide content through the Site that is copyrighted or contains protectable trademarks of us or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.
Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Site’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.
You shall abide by all additional copyright notices, information, or restrictions contained in any Materials accessed through the Site. You are prohibited from using the Site and Materials to train a machine learning or artificial intelligence (AI) system.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non-exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section, including all the rights necessary for you to submit the content and communications and grant the license above.
By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials. These electronic communications are part of your relationship with us. If you have agreed to the Notice and Consent to Electronic Communications and Signatures, you agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you have given us consent to communicate with by text or phone calls, you may also revoke or modify your consent at any time. Please be aware that opting out of certain communications, especially informational updates, may impact your ability to fully utilize some of our services. Here’s how you can manage your communication preferences with eMoney:
Opt-Out of All Communications
Opt-Out of Certain Communications Only
Re-Enrollment and Assistance Options
Additional information, particularly about supported carriers, can be found in eMoney’s SMS Short Code Terms of Use. We encourage you to review these details thoroughly. PERMITTED USES
By accessing or using the Site, you agree that:
You further agree to not use the Site in any way that:
We have no obligation, but maintain the right, to monitor the Site. This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Site (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Site, to protect us and/or our Site users, or for any other purpose that the law permits.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We currently only offer our products through selected U.S.-based retailers listed on the Site. Our products are not currently offered to residents of the European Economic Area.
Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time in our sole discretion and without notice.
The Site is operated from the U.S. and is intended for U.S. residents only. The Site is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Site, on the Site, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Site. Such acts may include: (i) providing content to or communicating with us or, to the extent applicable, our subsidiaries or affiliates; (ii) unauthorized use of material obtained through the Site; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information.
Our agent for notice of claims of copyright infringement on the Site can be reached asfollows:
eMoneyUSA
8700 State Line Rd, Suite 350
Leawood, KS 66206
[email protected]
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Kansas. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You have the right to reject this Provision (see below).
Except for certain types of disputes described below, if you or we elect to arbitrate a dispute:
*The dispute will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
*Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
*You will be entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
*Discovery and rights to appeals in arbitration are more limited than in court, and other rights that you and we would have in court may not be available in arbitration.
ARBITRATION. Please review this Arbitration Provision carefully.
In this Arbitration Provision, the words “we,” “us,” and “our” shall include eMoneyUSA Holdings, LLC, its officers, directors, members, employees, successors, affiliates, future affiliates, agents, vendors, and any assignees of any rights of eMoneyUSA Holdings, LLC. “You” and “your” means the person accessing this Site and any persons that allow others to provide information about themselves to us and her or his respective heirs, executors, successors, assigns, administrators, trustees, trustees in bankruptcy and any other person claiming rights arising out of, in connection with, or relating to your relationship with us.
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and other exceptions described in this Arbitration Provision, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Dispute”) between you, on the one hand, and us, on the other hand, to be arbitrated on an individual (non-class) basis. For purposes of this Arbitration Provision, “Dispute” shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) between you and us arising from, in connection with, or relating to: (i) your use of the Site and Services; (ii) any credit application you make to us or any credit application you submit to a third party that is transmitted to us, (iii) the credit offered or provided to you, (iv) the actions of yourself, us, or third parties, or (v) the validity or scope of any agreements between us or this Arbitration Provision. This Arbitration Provision also covers Disputes brought as counterclaims, cross claims, or third party claims. A party that has brought a Dispute in a court may elect to arbitrate any other Dispute, including, but not limited to, a counterclaim that is later brought in that litigation. This Arbitration Provision also covers all Disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability, formation, or validity of the Arbitration Provision or any portion of the Arbitration Provision; all such matters shall be decided by an Arbitrator and not by a court or judge.
Notwithstanding the foregoing, (a) the enforceability of the Class Action Waiver shall be determined by a court; (b) both you and we have the right to pursue a Dispute in a small claims court instead of arbitration, if the Dispute is in that court’s jurisdiction, proceeds on an individual (i.e., non-class) basis, and is not appealed from small claims court to any different court; and (c) nothing in this Provision shall be deemed to limit or constrain either party’s right to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction so long as such remedies are sought on individual (non-class) basis and no monetary damages are sought.
CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL (NON-CLASS) BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD INDIVIDUAL (NON-CLASS) RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PERSONS.
Regardless of who demands arbitration under this Arbitration Provision, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800- 778-7879) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. You may obtain the rules and procedures, information on fees and costs (including waiver of the fees), and other materials, and may file a claim by contacting the selected organization. You and we may also agree to select an arbitrator who resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. If the selected arbitration forum is unable or unwilling to serve, and you and we cannot otherwise agree on a substitute arbitrator, then a court with appropriate jurisdiction shall appoint an arbitrator.
Regardless of who elects arbitration, we shall pay for any filing, administration, and arbitrator fees in accordance with the arbitrator’s rules; provided, however, that if you initiate arbitration, you will pay the filing fee to the extent required by the rules of the arbitration forum but, in no event will you pay more than the cost of filing a lawsuit in state court. We will consider any good faith request you make to us to pay the arbitrator’s filing fee if you cannot obtain a waiver of such fees from the arbitrator and we will not seek or accept reimbursement of any such fees. Each party will bear the expense of their attorneys, experts, and witnesses. However, if you prevail in arbitration on a claim that, by law, requires an award of attorney fees and costs, the arbitrator will award you those fees and costs in accordance with such law. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve the Dispute based on the papers submitted by you or us and/or through a telephonic hearing. However, any arbitration hearing that you attend will take place at a location that is reasonably convenient to you or where permitted or required by applicable law. Notice of the time, date, and location shall be provided to you and us under the rules and procedures of the arbitration organization selected.
You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at support@emoneyusa.com and including in the subject line “Rejection of Arbitration Provision.” Your rejection must be sent by you and not a third party and the rejection must include your name, address, account number (if any), and your express intention to reject this Arbitration Provision. Should you reject this Arbitration Provision in the manner described above, you and we shall be bound by the terms of this Arbitration Provision as of the date you first visited our Site, applied for a loan with us, or entered into a loan agreement, whichever is earliest.
This Arbitration Provision shall survive termination of the termination of your use of the Site, use of the Services, your application, rejection of your application for credit, repayment of your extension of credit and/or termination, cancellation, amendment, or expiration of your relationship with us.
You and we agree that this Arbitration Provision, your use of the Site or the Services, our relationship, or any transaction between you and us involves interstate commerce. This Arbitration Provision shall be interpreted and enforced in accordance with the Federal Arbitration Act (“FAA”) to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Dispute at issue. If a court finds the FAA does not apply, and the finding cannot be appealed, then your state’s law governs. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which you and we entered into the transaction giving rise to this Arbitration Provision; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator is authorized to award all individual (i.e., non-class) remedies permitted by the substantive law that would apply if the action were pending in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and attorneys’ fees and costs, if and where applicable. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings conducted in court.
Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the Arbitration Provision may be amended by us only upon advance notice to you. If we make any amendment to this Provision (other than renumbering the Provision to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Disputes governed by this Arbitration Provision that have arisen or may arise between you and us. However, we may amend this Arbitration Provision and not provide you notice; in that case, the amendments will not apply to you and the Arbitration Provision contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.
If any part of this Arbitration Provision is determined to be void or unenforceable, then such a determination shall not affect the validity and enforceability of the remainder of this Arbitration Provision or the remainder of the Terms; if, however, the Class Action Waiver is held to be invalid or unenforceable, and that determination is not reversed on appeal, then this Arbitration Provision shall be void in its entirety.
Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Site) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Sites and information, software, products and services associated with it.
Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.
Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Leawood, KS, except where the jurisdiction and venue are mandated by applicable assignment.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site as further described in our Privacy Policy.
No Waiver. No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.
Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
If you have any questions or comments about these Terms or this Site, please contact us by email at [email protected] You also may write to us at:
eMoneyUSA
8700 State Line Rd, Suite 350
Leawood, KS 66206
[email protected]