DATE LAST MODIFIED: September 06, 2017
This Terms of Use Agreement (this "Agreement"), which is a legal agreement between you ("you") and Kasasa, LTD ("the Company") or any other name used by Kasasa, LTD from time to time (the "Company" or "us"), shall govern your use of and access to the Company's Web site located at www.kasasa.com or any other URL utilized from time to time in providing the services described herein (the "Web site") and all services provided by the Company as described therein (the "Services"). By checking the box or clicking the "I Agree" button at the end of the this Agreement, or by simply accessing and/or using the Services at any time, you (x) accept this Agreement and agree to be bound by each of its terms, and (y) represent and warrant to the Company that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand the Company's Privacy Policy (the "Privacy Policy"), the terms of which are posted at the Web site and incorporated herein by reference, and agree to abide by the Privacy Policy. If you do not agree with any of the terms contained herein, you should immediately cease any and all activities on the Web site and/or use of any Services.
Please read this Agreement carefully. Even if you fail to accept this Agreement as described above, by accessing the Web site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.
The Company may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, the Company may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site at any time in its sole discretion. Further, the Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by the Company from time to time.
The Services are described within various pages of the Web site. You should review these pages to gain a better understanding of the Services and the goals behind the Web site. At a general level, the Company allows individuals to conduct searches at the Web site for information concerning high-interest checking accounts and personal loans. In addition, the Company, in conjunction with one or more third party partners, may collect information submitted by you at the Web site (a "Submission") as part of an account application process or account funding process. Such information may be made available to the community financial institution selected by you at the Web site (the "Financial Institution"). Upon receipt of your information, the Financial Institution may, to the extent necessary, contact you via telephone, e-mail, regular mail or via alternative means to assess your needs and assist in completing the account creation and/or funding process.
You hereby represent that all of the information you have provided in any Submission, or, as applicable, all of the information you submit to the Company within a Submission at any point in the future, is and will be true and complete in all respects. You hereby authorize the Company to provide all information contained within a Submission, including any information gathered by way of follow up with you following a Submission, to a Financial Institution. You acknowledge and understand that Financial Institutions may retain a Submission form and all information set forth therein, regardless of whether or not you elect to open an account. The Company is not itself a bank, lender or financial institution, and does not make decisions in connection with accounts or in any other regard. The Company does not endorse or recommend the products or services of any particular Financial Institution. The Company is not your agent, nor is the Company an agent for any of the Financial Institutions. The Company's services are administrative only. You should rely on your own judgment in deciding whether or not a Financial Institution or any particular account suits your needs, goals and financial means. Each applicable Financial Institution is solely responsible for providing its services to you, and you agree that the Company shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.
The Company and/or participating Financial Institutions expressly reserve the right to discontinue, suspend or terminate the offering of their Services at any time. The Company does not guarantee acceptance into any particular program or specific terms or conditions with any Financial Institution; approval standards are established and maintained solely by each Financial Institution. Likewise, the Company does not guarantee that the terms offered and made available by a Financial Institution are the best terms available in the market. Nothing contained herein shall constitute an offer or promise for any type of commitment.
The Company does not charge you a fee to use the Services or access the Web site. The Company may be paid a fee by participating Financial Institutions for specific services the company provides to Financial Institutions. Your use of the Web site and/or the Services constitutes your acknowledgment of, and agreement with, this compensation arrangement.
By accepting this Agreement, executing a search on the Web site or otherwise making any Submission, regardless of which page on the Web site such Submission was made, you understand and agree that you are submitting an inquiry to the Company which may be forwarded to a Financial Institution. Each Submission shall be deemed to constitute your electronic signature, and as such you are extending an express invitation to the Financial Institution(s) to contact you so they may assist you with your transaction to the extent necessary, and you hereby consent to any such communications even if your phone number is on any Do Not Call list or your e-mail address is listed on any restricted access list. In addition, to the extent you make a Submission on any page in the Web site, you hereby agree and acknowledge that a Company representative may contact you by telephone or e-mail to assess your needs or attain your opinions.
By making a Submission, you hereby understand and agree that you have established a business relationship between you and the Company, which is the owner of the Web site. As such, you agree that the Company may contact you using information you provided with information, surveys and offers of services available through the Company or the Web site from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from the Company, please email us at map@Kasasa.com to request removal from our mailing lists.
All contents of the Web site are: Copyright © 2017 Kasasa, LTD. All rights reserved. "Kasasa" is a service mark of Kasasa, LTD. Other product and company names mentioned herein or within the Web site, including the names of participating Financial Institutions, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of the Company or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by the Company or any of its licensors. This Agreement shall not be deemed to transfer from the Company to you (i) any of the Company's or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by the Company, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by us, or our suppliers under this Agreement, and any know-how, methodologies, equipment, or processes used by us to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively, "Our Materials") shall remain our (or our suppliers') sole and exclusive property. To the extent, if any, that ownership of Our Materials does not automatically vest in us by virtue of this Agreement or otherwise, you hereby transfer and assign to us all rights, title and interest which you may have in and to Our Materials. You acknowledge and agree that we are in the business of providing application services, and that we shall have the right to provide to third parties services which are the same or similar to the Services, and to use or otherwise exploit Our Materials in providing such services.
The Company intends that the information contained in the Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Web site may be made by the Company at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." THE COMPANY AND/OR ITS SUPPLIERS OR PARTICIPATING FINANCIAL INSTITUTIONS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE WEB SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE OR ANY OF THE COMPANY'S SERVICES. IN ADDITION, THE COMPANY MAKES NO WARRANTIES REGARDING ANY FINANCIAL INSTITUTION OR ANY SERVICES PROVIDED BY ANY FINANCIAL INSTITUTION. USE OF THE WEB SITE AND/OR THE COMPANY'S SERVICES IS AT YOUR OWN RISK. THE COMPANY AND/OR ITS SUPPLIERS OR PARTICIPATING FINANCIAL INSTITUTIONS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR THE COMPANY'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of THE COMPANY, ITS SUPPLIERS, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed $500.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is the Company's objective to make the Web site accessible 24 hours per day, 7 days per week, the Web site and the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company and/or its suppliers, access to the Web site and/or Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE AND/OR SERVICE.
As a condition of use of the Web site and/or the Services, you agree to indemnify the Company, its suppliers, its affiliates and participating Financial Institutions from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Web site or any of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
The Web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. The Company does not operate or control in any respect any information, software, products or services available on such web sites. The Company's inclusion of a link to a web site does not imply any endorsement of those services or the web site, its contents or its sponsoring organization.
The Company is not responsible for any errors or delays in responding to a Submission, opening an account or funding an account, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of a Financial Institution to timely respond to a Submission which the Company forwarded to such Financial Institution, (iii) the failure of the Company to forward your Submission to a Financial Institution, or (iv) technical problems.
Any claim or controversy arising out of or relating to the use of the Web site, to the goods or services provided by the Company, or to any acts or omissions for which you may contend the Company is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of Judicial Arbitration and Mediation Services, Inc. (JAMS) in force at that time. The arbitration shall be venued in Austin, Texas. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to the Company. The costs of arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Texas. The arbitrator shall not 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 or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS 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. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and the Company, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
This Agreement, including the Privacy Policy, constitutes the entire agreement between you and the Company and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and the Company with respect to the Web site and information, software, products and services associated with it. The Company and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between the Company and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
The Company's contact information, should you need to contact the Company for any reason, is:
Kasasa
4516 Seton Center Parkway, 300
Austin, TX 78759
