Terms and Conditions
Updated: 6/29/2018
BY COMPLETING AND SUBMITTING AN APPLICATION THROUGH THE SAMEDAYPAYDAY.COM WEBSITE (THE “SITE”), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS THE PRIVACY POLICY POSTED TO THIS SITE. AS SUCH, YOU MUST READ THIS AGREEMENT AND THE PRIVACY POLICY BEFORE COMPLETING AND SUBMITTING YOUR APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND THE PRIVACY POLICY, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.
The terms and conditions stated in this Terms of Service Agreement (“Agreement”) govern your use of the samedaypayday.com (“Service”), as made available through the Site. Before downloading, accessing, or using any part of the Service, you should carefully review the following Agreement. We provide the Service to you only on the condition that you accept and agree to all of the terms and conditions stated in this Agreement. This Agreement will take effect at the moment you submit your application (“Application”) and sent to one or more lenders participating in our network of payday lenders (“Lender”), and/or begin downloading, accessing, or using the Service, whichever is earliest.
All references herein to “we” mean SameDayPayday.com including its successors and assigns, which operates the Site and the Service. All references herein to “Applicant” or “you” refer to any user of this Site and the Service.
SAMEDAYPAYDAY.COM IS NOT A LENDER, DOES NOT BROKER LOANS OR MAKE CREDIT DECISIONS. THIS SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND. WE WILL SHARE YOUR APPLICATION INFORMATION WITH ONE OR MORE LENDERS. WE DO NOT GUARANTEE THAT YOU WILL RECEIVE A LOAN. WE DO NOT GUARANTEE THAT THE PRICE, PRODUCT, AVAILABILITY, RATES, FEES, OR ANY OTHER LOAN TERMS OFFERED AND MADE AVAILABLE BY LENDERS THROUGH THIS SERVICE ARE THE BEST TERMS AVAILABLE IN THE MARKET. NOT ALL LENDERS PARTICIPATING IN THIS SERVICE CAN PROVIDE YOUR REQUESTED LOAN AMOUNT OR REPAYMENT TERMS. LENDER MAY PERFORM A CREDIT CHECK TO DETERMINE YOUR CREDITWORTHINESS.
1. Eligibility Requirements.
You must be at least 18 years of age (or the age of majority in your state of residence) to set up an Account. If you provide any false, inaccurate, untrue, or incomplete information in your Application, we may immediately terminate your access to and use of the Service. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Application. THE SERVICE IS NOT AVAILABLE TO RESIDENTS OF ARKANSAS, GEORGIA, NEW YORK, OREGON, WASHINGTON, WEST VIRGINIA AND VERMONT OR TO ACTIVE MEMBERS OF THE MILITARY.
2. Application Process.
The Service attempts to connect Applicants who complete and submit an Application with one or more Lenders. To use the Service, you must complete and submit the information requested in the Application, which information may include (by way of example and not limitation) your name, street address, telephone number, date of birth, bank information, desired loan amount, social security number, employment information, and any other information requested at the time of collection. Alimony, child support, or separate maintenance income need not be disclosed unless relied upon for credit. You represent and warrant that the information you provide to us through your Application is accurate and truthful. If you do not provide such information in such manner, we reserve the right to deny, suspend, or terminate Service. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause. By submitting your Application, you understand and agree that (a) you are submitting an inquiry to us about loan products offered by Lenders, (b) we will share some or all of your Application information with Lenders, consistent with the terms of our Privacy Policy, and (c) you agree to allow those Lenders to review, verify, and research your information in real-time or otherwise to determine whether you may qualify to receive a loan from them, including by verifying your social security number, reviewing your information against national databases of consumer financial transaction information, performing a credit check, and/or taking any other steps necessary to make a decision on whether to extend credit or advance cash. Additionally, under the federal E-SIGN Act and related state laws, with your consent, we can deliver such required information to you electronically and can use electronic records and electronic signatures in connection with your transactions with lenders in our network. If you do not want to receive the required information electronically, or do not want to use electronic signatures in connection with your transactions with the lenders, you should not agree to the terms of this agreement. If you do not consent to receiving the required information electronically, or do not consent to the use of electronic signatures in connection with your transactions with lenders in our network, we will not be able to proceed with you.
3. SameDayPayday.com Email Protection Service.
When providing your Application information to Lenders, we may provide a substitute e-mail address to the Lender as your e-mail address to reduce the potential for SPAM. We will forward any legitimate e-mails related to your loan or application sent to this substitute e-mail address for a reasonable period (at least [six months] following the date of your Application). You understand that through this substitute e-mail address, we may have access to information regarding any loan made to you by a Lender or other correspondence sent to you by the Lender. We may also, at any time, provide Lenders with the actual e-mail address you provided on your Application.
4. Lender Review Process.
If one or more Lenders review your Application information and determine that you meet its loan qualification criteria, we will provide you the name(s) and contact information of the Lender(s) or redirect your browser to the Lender’s website. Once we connect you with a Lender in either manner, we have no further involvement in the loan application or approval process (except as described above related to the substitute e-mail address). Your subsequent interactions with the Lender are subject to the Lender’s privacy policies, terms, and other policies enforced by that Lender. In addition, Lenders who review your information may contact you at a later time to offer their products and services to you. We are not responsible for any failure or delay in providing the Service caused by errors, inaccuracies, or falsity in any of the Application information provided by your or by any technical problems beyond our reasonable control.
SameDayPayDay.com is not an agent of you or any Lender. We are 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 SameDayPayDay.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of this site. You understand that participating lenders may keep your application information, whether or not you are qualified for a loan with them. We do not endorse or recommend the products of any particular Lender.
5. License.
This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this Agreement. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another Applicant or any other systems or networks connected to this Site or to any of our servers or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or our systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
6. Disclaimer of Warranties, Release, and Limitation of Liability.
THE SERVICE AND SITE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED THEREIN (COLLECTIVELY, “SERVICE INFORMATION”) ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICE INFORMATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, LENDERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICE INFORMATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly absolve and release us and our Lenders from any claim of harm resulting from a cause beyond our or our Lenders’ control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, LENDERS AND AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THIS SITE, THE SERVICE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
8. Indemnity.
You hereby agree to indemnify and hold us harmless against any claims made by you or your successors arising out of or related to any violation of federal, state or local laws relating to any loan that you receive through the Service or your interactions with any Lender with whom you were connected through the Service.
9. Termination.
We may temporarily or permanently stop providing the Service (or any features within the Service) to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) we are required to do so by law, (c) we believe, in our sole discretion, that you have committed fraud with respect to your access to and use of the Service, (d) the Lender or other business partner with whom we offer the Service to you has terminated its relationship with us, (e) the provision of the Service to you by us is, in our sole opinion, no longer commercially viable, or (f) we are no longer providing the Service to customers in the jurisdiction in which you reside or from which you use the Service. Termination is effective without notice.
10. Governing Law; Dispute Resolution.
This Agreement will be governed by and construed in accordance with the laws of the State of Nevada, without regard to principles of conflicts or choice of law. All disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Clark County, Nevada and judgment on the arbitration award may be entered into any court of competent jurisdiction in Clark County, NV. No arbitrator shall have the power to award damages in connection 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 US 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 our 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 us, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Clark County, Nevada. 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.
11. Miscellaneous.
This Agreement, including the Privacy Policy which is incorporated herein, constitutes the entire agreement between you and us with respect to your use of the Service. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by us, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.
THE OPERATOR OF THIS WEBSITE IS NOT A LENDER, does not broker loans to lenders and does not make credit decisions. This Website does not constitute an offer or solicitation to lend. The operator of this Website is not an agent, representative or broker of any lender and does not endorse or charge you for any service or product, but may receive compensation from the lender for forwarding your information to them. Not all lenders can provide your requested loan amount, and we make no promises that you will be able to obtain a loan. Cash transfer times may vary by lenders and local laws. Lenders may perform a credit check to determine your creditworthiness. Faxing may be required in some cases. For details, questions or concerns regarding a new or existing loan, please contact the lender directly. Lenders are solely responsible to you for all aspects of any application or loan transaction, including compliance with all applicable laws and regulations relating to your loan and any agreement or disclosures relating to your application or loan transaction (including any adverse action notices or Truth-in-Lending Act disclosures).
Residents of Arkansas, Georgia, New York, Oregon, Washington, West Virginia & Vermont are not eligible to apply for a loan on this Website. This service is not available in all states, and the states serviced by this Website may change from time to time and without notice. Short-term loans are an expensive form of credit and not a long-term financial solution. Please use short-term loans responsibly.
