Terms & Conditions
Use of this Site constitutes acknowledgement that You have read, understand, and are in agreement with this Company’s Terms & Conditions. These Terms & Conditions apply to OpenPayday.com (also referred to as ‘Company’ or ‘Site’). It notifies you (also ‘You’ and/ or ‘Your’) about the terms and conditions of our services. Please read these Terms & Conditions in full before using this Site. If you do not agree with this Company’s Terms & Conditions, do not continue to use this Site or seek its services.
OpenPayday.com is NOT a lender and does not broker loans. This Company seeks to connect You with prospective lenders and does not guarantee that You will be offered a Cash Advance. We also do not guarantee the amount of your Cash Advance. The information from your request form may be shared with more than one lender.
Your use of this Company’s services includes providing relevant and necessary information which may include, but is not limited to your name, date of birth, telephone number, physical address, Social Security number, driver’s license number and state, email address, employment information, active military information, information about home ownership, citizenship status, frequency and amount of paychecks, and information about your banking account. This information will be used to connect you with Cash Advances and loan products. Submitting your information to this Site also means You are allowing this Company and third party lenders to contact You about loans and related products and services.
Once your information is submitted, it will be reviewed by third party lenders who will then determine if You meet their requirements for a loan. These lenders may seek to verify your identity and may perform a credit check through a credit bureau. Submission of your information constitutes an agreement for your information to be used in these ways. If You are found to be eligible for a Cash Advance, You will be redirected to a new page with the lender’s information or redirected to the third party site.
The Company authorizes You to use this Site only for personal and non-commercial use as permitted by law. The Company strictly prohibits all other uses, including but not limited to the duplication, copy, reproduction, sale, resale, use, access, or additional exploitation of any material from this Site for any commercial reasons and purposes.
Intellectual Property Rights
The content of this Site is protected by applicable copyright laws in the United States and other countries. As such, use of this Site and this Company’s services confers no intellectual property rights on You. Content of this Site may not be used without the written permission of the Company who retains the copyright to this Site. All logos, trademarks, and service marks (referred to collectively as ‘Trademarks’) that are displayed on this Site are Trademarks of this Company, both registered and unregistered. Use of Trademarks in a manner which does not conform to these guidelines without the written permission of the Company is not allowed.
Disclaimer of Warranties
ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES FOUND ON THIS SITE ARE OFFERED ‘AS IS’ AND YOU ACCESS THEM AT YOUR OWN RISK. THIS COMPANY DISCLAIMS ANY WARRANTY, EITHER IMPLIED OR DIRECTLY STATED REGARDING THIS SITE INCLUDING, BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, AND SERVICES. THIS COMPANY PROVIDES NO WARRANTY CONCERNING THE RESULTS AND EFFECTIVENESS OF THIS SITE OR ITS INFORMATION, CONTENT, PRODUCTS, AND SERVICES. USE OF THIS SITE IS AT YOUR OWN RISK. THIS COMPANY DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT ALL SERVICES WILL MEET YOUR REQUIREMENTS. THIS COMPANY MAKES NO GUARANTEES THAT SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE. NO GUARANTEES ARE MADE REGARDING FUNCTIONALITY OR DEFECTS IN THE OPERATION OF SERVICES OR RELATED SOFTWARE OR THAT ERRORS WILL BE CORRECTED. THIS COMPANY ALSO DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS. THIS COMPANY MAKES NO GUARANTEES THAT THIRD PARTY SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE. NO GUARANTEES ARE MADE REGARDING FUNCTIONALITY OR DEFECTS IN THE OPERATION OF THIRD PARTY SERVICES OR RELATED SOFTWARE OR THAT ERRORS WILL BE CORRECTED.
Limitation of Liabilities
THIS COMPANY SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGE RESULTING FROM YOUR USE AND/ OR ACCESS TO THIS COMPANY’S SITE OR SERVICES. THE FULL AND TOTAL LIABILITY, AS PERMITTED BY LAW, OF THIS COMPANY FOR CLAIMS RESULTING FROM YOUR USE AND/ OR ACCESS TO THIS COMPANY’S SITE OR SERVICES – WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR OTHERWISE – IS LIMITED TO THE AMOUNT PAID BY YOU (IF ANY) TO USE AND/ OR ACCESS TO THIS SITE.
Third Party Links
Following third party links found on this Site is done at Your own risk. Inclusion of third party links on this Site does not constitute this Company’s recommendation for or endorsement of their products and services. These links are intended for convenience and reference, and this Company is not responsible for content, information, software, or any other materials made available on third party sites.
Third Party Dealings
Dealings with third parties which result from use of this Site is done at Your own risk. Any transactions conducted between You and any third parties are not the responsibility of the Company. These transactions may include, but are not limited to, products, services, payment, conditions, warranties, or any terms and conditions. This Company cannot be held responsible for your dealings with these third parties.
Disputes and Resolution
Any dispute originating from or related to Your use and/ or access to this Site and its services in which you deem this Company to have liability is governed by the state of California. Disputes will be settled exclusively and finally by arbitration according to the effective commercial arbitration rules of the American Arbitration Association at the time of the dispute in Los Angeles. The arbitrator shall have the power and authority to award damages connected with a Dispute which may not exceed actual compensatory damages and shall not multiply actual damages or award consequential, exemplary, or punitive damages. In addition, each party irrevocably waives any claim thereto. Any award shall be conclusive and final. An arbitration agreement should not be understood as an agreement to the consolidation or joinder of an arbitration under this agreement with an arbitration of claims or disputes of any non-party, regardless of the nature of the disputes.
The Terms provided herein state that all disputes between You and this Company will be resolved through arbitration. As a result, You forego your right to assert or defend your rights or go to court. You also forego the right to be part of or originate a class action suit. Your applicable rights will be decided by neutral arbitrators, not by a court of law, judge, or jury. By using this Company’s Site and services, you agree to these restrictions and conditions. If the arbitration provisions contained herein become unenforceable or inapplicable, or in the event of any lawsuit between You and this Company or its Site, You agree fully that jurisdiction of this and any suit shall rest exclusively in the federal and state courts in California. You also fully agree that any actions or claim related to use of this Site or this Company’s services must be filed within one (1) year after the said action, cause, or claim, or be forever barred.
Use of this site constitutes an agreement to hold this Company blameless against any and all liability, expenses, loss, damages, actions, suits, claims, and proceedings, including, without limitation, reasonable attorneys’ fees and relevant costs, stemming from or related to any cause of action, allegation, claim or involving, without limitation, Your unauthorized or unlawful use of this Site and/or this Company’s services.
The entire agreement between this Company and You are contained in these Terms & Conditions.
This Company retains the right to modify our Terms & Conditions or to add additional terms and conditions at any time. Notification of modifications and/or additions will be clearly posted on this Site where the Company deems it to be appropriate. All modifications and additions are effective immediately. If You disagree with any modified or additional terms and conditions, You are not obligated to use this Site or its services.
Any failure on behalf of the Company to enforce these Terms & Conditions does not constitute the Company’s right to continue to enforce these Terms & Conditions. In the event that any of the Terms & Conditions are deemed to be illegal, invalid, or unenforceable, such terms and conditions will be nullified. Remaining terms and conditions will remain in full effect.