PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING ANY CLASS CASH LLC WEBSITES, PRODUCTS, OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.
Class Cash LLC (“CCL”, “we”, “us” or “our”) welcomes you as a visitor to and user of our websites (“user”, “you” or “your”). CCL operates several websites (the or our “websites”), the following Notices and Full Disclaimer (“Notices”), Terms and Conditions (the “Agreement”), and Privacy Policy (“Policy”) apply to all the websites, emails, or other media operated by CCL that link to this document (the “Websites”). In order to use any of the Websites, you must accept all the terms of the Notices, Agreement and Policy. By using or continuing to use any of the Websites, you agree that you accept the terms of the Notices, Agreement and Policy and agree to abide by same in all your interactions with the Websites. If you do not understand, have questions about, or do not agree to abide by the Notices, Agreement, or Policy, your only recourse will be to immediately stop all use of the Websites and contact support@classcash.com. If you do not contact us, and continue to use the Websites, you understand that we will assume you understand the Notices, Agreement, and Policy, have no questions about same, and have agreed to abide by same.
IMPORTANT NOTICE - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THE NOTICES, AGREEMENT AND POLICY, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL PRIVATE ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
The Notices, Agreement, or Policy may periodically change without notice, so you should check the Notices, Agreement, and Policy before every attempt to use the Websites. When the Notices, Agreement, or Policy is changed, the date of the latest revision will appear at the top of the Notices, Agreement, or Policy. By continuing to access or use the Websites on or after the date the revised Notices, Agreement, or Policy are made available here, you agree to be bound by the revised Notices, Agreement, and Policy.
No one under 18 is allowed to use or access the Websites. By using the Websites, you state that:
- You are at least 18 years old and over the minimum age required by the laws of your country of residence to access and use the Websites;
- You can form a binding contract with CCL;
- You are not barred from using the Websites under any applicable laws; and
- You have not been permanently suspended or removed from the Websites.
Welcome to Class Cash.
These Terms of Service (“Terms,” “Termsof Service”) govern your access to and use of Class Cash’s website https://www.classcash.com (the “Website”), mobile application (“App”) and related servicesprovided by Class Cash LLC (“Class Cash,” “we,” “us,” or “our”). The term“Services” means the Website, App, and related services as well as any and allinformation provided, services offered, marketing, events, sweepstakes, and anyother interaction through the Website and App, as well as any related service,entity or website, including but not limited to finding, claiming and tracking settlementsand joining investigations, and other related services, offers, marketing, orevents resulting from your interaction with the Website and App.
THESETERMS OF SERVICE FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY.
IMPORTANTNOTICE – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS, YOU AGREE THAT ALL DISPUTESBETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. BOTH PARTIES AGREEING TOARBITRATION MEANS THAT BOTH PARTIES ARE GIVING UP THE RIGHT TO GO TO COURT ANDTHE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY ANEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER INCOURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOUARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASSACTION. PLEASE SEE BELOW FOR FURTHER DETAILS.
Agreement to the Terms of Service
By downloading, installing, accessingor using the Services (including by connecting financial accounts, viewingpotential claims, or initiating any claim filing) you hereby:
· Acknowledge that you have read, understood and agree to be boundby these Terms;
· Agree to the collection, use and disclosure of your information asdescribed in the Privacy Policy on the www.classcash.com website which is incorporated byreference; and
· Represent that you have the authority to enter into these termspersonally or on behalf of any entity you represent.
If you do not agree to any of theabove, stop using the Services immediately and uninstall the App.
Eligibility and Use Restrictions
By using the Services, you representand warrant that:
· You are at least 18 years of age;
· You have the legal capacity to enter into these Terms; and
· You will comply with all applicable laws and regulations.
By using the Services, you will notperform any of the following prohibited uses:
· Impersonating or attempting to impersonate Class Cash or itsemployees, representatives, subsidiaries or divisions;
· Misrepresenting your identity or affiliation with any person orentity;
· Sending or attempting to send any advertising or promotionalmaterial, including but not limited to spam, junk mail, chain mail or anysimilar material;
· Engaging in any conduct that restricts or inhibits any person’suse or enjoyment of the Services, or which, as determined in our solediscretion, may harm us or the users of the Services or expose us or otherusers to liability;
· Using the Service in any manner that could disable, overburden,damage or impair the Website or App or interfere with another party’s use ofthe Services;
· Using any robot, spider or other similar automatic technology,process or means to access or use the Services for any purpose, includingmonitoring or copying any of the material on the Website or App;
· Using any manual process or means to monitor or copy any of thematerial provided in the Services for any other unauthorized purpose;
· Reverse engineering, decompiling, disassembling, or attempting toderive the source code of the Website or App;
· Accessing or using the Services for competitive analysis or tobuild a competing product or service;
· Using any device, software, means or routine that interferes withthe proper working of the Website or App, including but not limited to viruses,trojan horses, worms, logic bombs or other such materials;
· Attempting to gain unauthorized access to, interfering with,damaging or disrupting any parts of the Website, the App, the server(s) onwhich the Website and App are stored, or any server, computer or databaseconnected to the Website or App;
· Attempting to attack or attacking the Website or App via adenial-of-service attack or a distributed denial-of-service attack;
· Otherwise attempting to interfere with the proper working of theServices; and
· Using the Services in any way that violates any applicablefederal, state or local laws, rules or regulations.
What Class Cash Does
At present, the Services may include:
· Discovery platform for US class action settlements and legalinvestigations; and
· A settlement tracking dashboard of case-related claims.
Not a Law Firm; No Legal or Financial Advice or Guarantee ofResults
Class Cash is not a law firm orsettlement administrator and does not provide legal, financial or tax advice.Information provided through the Services is for general information purposesonly and is designed to help you identify potential claims and facilitate yourinteraction with third party claim administrators, law firms or otherentities. We provide information thatmay help you identify potential settlement or claims but we do not decide whoqualifies or what anyone may receive.
Accordingly,
· No information or content provided through the Services, includingclaim descriptions, estimated payout ranges, deadlines or eligibilityindicators constitute legal advice;
· No attorney-client relationship is created between you and ClassCash;
· We do not guarantee that you are eligible for any particular claimor settlement;
· We do not guarantee that you will receive any recovery or payment;
· We do not control deadlines, approval decisions or payout timing;and
· We do not guarantee that any amount you may receive will match anyestimate or range as shown on the Website or App.
NO WARRANTY ON WEBSITE
This Website isprovided “as is.” No warranty, express or implied (including any impliedwarranty of merchantability, of satisfactory quality or fitness for aparticular purpose or use) shall apply to this Website, whether arising by law,course of dealing, course of performance, usage of trade or otherwise.
Availability, Errors andInaccuracies
We assume no liability for the availability, errors orinaccuracies of the information, products or services provided through theServices. We may experience delays in updating information on the Services andin our advertising on other websites. The information, products and servicesfound on the Services may contain errors or inaccuracies or may not be completeor current. Products, services, or information provided may be incorrect,including incorrectly priced or unavailable. We expressly reserve the right tocorrect any errors on our Services. The inclusion or offering of any product orservice included in the Services does not constitute an endorsement orrecommendation of such product or service by us.
Third-Party Services
The Services may link to third-partywebsites (including official settlement administrator sites). In this regard,you acknowledge and agree that:
· Third-party services are not controlled, owned or operated by us;
· We do not endorse and are not responsible or liable for anythird-party services, their content, accuracy or practices;
· Your use of third-party services is entirely at your own risk andis subject to the third party’s own terms and privacy policies; and
· Any relationship, dispute, or transaction between you and athird-party (including a law firm, settlement administrator, or financialinstitution) is solely between you and that third party.
DAMAGES AND LIMITATION OFLIABILITY
UNLESS OTHERWISE PROHIBITED BY RELEVANTLAW: IN NO EVENT WILL CLASS CASH, ITS EMPLOYEES, REPRESENTATIVES, AGENTS, ORAFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM ORRELATING TO YOUR USE OF THE WEBSITE, APP, CONTENT OR SERVICES, INCLUDING THOSEARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE WEBSITES THAT ISALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. YOUR VIOLATION OF APPLICABLELAW, CLAIMS ARISING FROM YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. ACCESSTO, AND USE OF, THE WEBSITES IS AT YOUR OWN RISK, AND YOU ARE EXCLUSIVELYRESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, NETWORK, OR COMPUTER SYSTEM, ORRESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CLASS CASHEXCEED THE TOTAL AMOUNT YOU HAVE PAID TO CLASS CASH IN THE PREVIOUS YEAR,INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. THE LIMITATIONS OF THIS SECTION WILLAPPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT,STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEAFFILIATES HAVE BEEN ADVISED OF THEPOSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMSIS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Intellectual Property
All rights, title and interest in theServices and content (excluding any content you submit) are owned by Class Cashand are protected by applicable intellectual property laws. You may not copy,distribute, modify, or create derivative works from our Services withoutwritten permission from us to do so.
Unlessspecified otherwise, this Website and all content and other materials on thisWebsite including but not limited to all logos, designs, text, graphics,pictures, information, data, software, sound files and arrangement thereof(collectively, “Content”) are the proprietary property of Class Cash and areeither registered trademarks, trademarks or otherwise protected intellectualproperty of Class Cash in the United States and/or other countries.
If you are aware of a potential infringement of ourintellectual property, please contact support@classcash.com.
We respect the intellectual property rights of others. It is ourpolicy to respond to any claim that Content posted on the Website or Appinfringes on the copyright, trademark or other intellectual property rights ofany person or entity.
If you believe in good faith that theContent infringes on your intellectual property rights, you or your agent maysend us a written notice of such infringement titled “Infringement ofIntellectual Property Rights – DMCA.” Your notice to us must include thefollowing information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not processyour complaint if the above information is not provided in full in your request.You may be held accountable for damages, including but not limited to costs andattorneys’ fees for any misrepresentation or bad faith claims regarding theinfringement of your intellectual property rights by the Content on thisWebsite.
You may submit your claim to us bycontacting us at: support@classcash.com
Indemnification
You agree to indemnify and holdharmless Class Cash and it’s respective officers, directors, employees, andcontractors from any claims, damages, liabilities, and expenses (includingattorneys’ fees) arising from:
· Your misuse of the Services
· Your violation of these Terms
· Your submission of fraudulent or unauthorized claims
· Your violation of any third-party rights
Dispute Resolution, Binding ArbitrationAgreement and Class Action Waiver
To the extent that You or we have any controversies,disputes or claims against one another (collectively “issues”), the partieswill first attempt to resolve the issues informally, and if informal resolutionis not possible then only through binding individual arbitration. As such, Youand we agree that any and all issues arising out of or related to the Services,your use of the Website thereof, or arising out of or related to the Servicesor Privacy Policy, whether based in contract, tort, statute, fraud,misrepresentation or any other legal theory (the “Covered Claims”), shall beresolved only through the means set forth in this section.
Prior to initiating arbitration or other proceedings,both You and we agree that each will provide written notice of all potentialCovered Claims to the opposing party setting forth: (1) all the specificfactual and legal basis for the claim; (2) contact information for thepotential claimant and their counsel, if any; and (3) the specific remediessought, including the amount of claimed monetary damages (the “Notice”). Suchwritten Notice shall be provided on an individualized basis, with a separateNotice being sent for each claimant with a handwritten or digital signature.
To provide Noticeto us, You must send the Notice to support@classcash.com
Following receipt of the Notice by the opposing party,the parties agree to make a good faith effort for at least 60 days to resolvethe Covered Claims before resorting to more formal means of resolution,including, without limitation, arbitration. All limitation periods, along withany filing fees or other deadlines, shall be stayed during this period ofinformal dispute resolution, but in no event longer than 60 days unless theparties agree in writing otherwise.
The parties further agree that, if informal resolution isnot reached within the time specified above, then any and all Covered Claimsshall be resolved only through binding individual arbitration proceedings. Theaforementioned informal dispute resolution process is a prerequisite andcondition precedent to commencing any arbitration or other formal disputeresolution proceeding. The arbitration shall be administered by JAMS pursuantto its Comprehensive Arbitration Rules and Procedure, which can be found atwww.jamsadr.com. The parties further agree that the determination of the scope,enforceability, or applicability of this Arbitration Agreement, including, butnot limited to any claim that all or any part thereof of this ArbitrationAgreement is void or voidable, whether a claim is subject to arbitration, andany dispute regarding the payment of administrative or arbitrator fees(including the timing of such payments and remedies for nonpayment) will beresolved exclusively by final and binding arbitration in accordance with thisArbitration Agreement. Any conflict between the JAMS rules and this Agreementshall be resolved in favor of this Agreement. The arbitration and theinterpretation of this Agreement shall be governed by the laws of the State of Wyoming.Both your agreement to arbitrate all Covered Claims, and the results and awardsrendered through arbitration, will be final and binding on you and may beentered in, or specifically enforced by, legal proceedings in court. You agreethat judgment may be entered on the award in any court of competentjurisdiction and, therefore, any award rendered shall be binding. Payment ofall filing, administration, and arbitrator fees will be governed by the JAMSRules, except that if the arbitrator finds at any time that a claim was filedfrivolously, for purposes of harassment, or otherwise in bad faith, then thefiling party will reimburse the other party for all costs and fees, includingattorneys’ fees, associated with that claim.
YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION AS AMECHANISM TO RESOLVE ALL COVERED CLAIMS BETWEEN US, YOU ARE WAIVING CERTAINRIGHTS, INCLUDING THE RIGHT TO BRING AN ACTION IN COURT, THE RIGHT TO A JURYTRIAL, THE RIGHT TO BROAD DISCOVERY, AND THE RIGHT TO AN APPEAL. YOU UNDERSTANDTHAT IN THE CONTEXT OF ARBITRATION, A CASE IS DECIDED BY AN ARBITRATOR (ONE ORMORE), NOT BY A JUDGE OR A JURY.
Separate and apart from the agreementto arbitrate as provided herein and to the maximum extent permitted by law, theparties hereby independently waive any right to bring or participate in anyclass action, private attorney general action, or other representative action,however denominated, in any way for any claims against the other.
YOU UNDERSTAND THAT BY AGREEING TO THISCLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS,OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES,PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITYAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, PRIVATEATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
This Class Action Waiver only applies to disputes between you andClass Cash.
If there is a final judicial determination thatapplicable law precludes enforcement of this paragraph’s limitations as to aparticular remedy, then that remedy (and only that remedy) must be severed fromthe arbitration and may be sought in court. The parties agree, however, thatany adjudication of remedies not subject to arbitration shall be stayed pendingthe outcome of any arbitrable claims and remedies. For the purposes of anylegal proceeding commenced in any court in accordance with this section, youirrevocably submit to the jurisdiction of the state and federal courts locatedin the County of Sheridan in the State of Wyoming for such purposes.
Governing Law, Severability,Dispute Resolution and Venue
These Terms shall be governed and construed in accordancewith the laws of the State of Wyoming, United States, without regard to itsconflict of laws provisions. These terms shall not be governed by the UnitedNations convention on contracts for the sale of international goods, theUniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of theseTerms will not be considered a waiver of that right or provision. If anyprovision of these Terms is held to be invalid or unenforceable by a court, theremaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between youand us regarding the Services, and supersede and replace any prior agreementswe might have had with you regarding the use of the Services, including theWebsite and App.
Changes to Terms of Service
We reserve the right to make changes(including updates or modifications) to the Terms of Service at any time. We will not be required to provide you withnotice when we make changes to the Terms of Service. Therefore, we suggest thatyou regularly review our Terms of Service for any changes. Continuing touse the website after the updated Terms have become effective, constitutes youracceptance of the changes to the Terms of Service.
Questions
If you have any questions about ourTerms of Service, please contact us at support@classcash.com.