Site Terms and Conditions ("Site Terms")
Last Modified Date: February 2013
The Site Terms are also available on the bottom navigation bar of each page. They protect our website from misuse. These Site Terms apply to your use of this Site. By visiting or using this Site, you accept these Site Terms. Continued use of this Site constitutes your acceptance of any revisions to these Site Terms.
These are definitions used in this agreement. "Site" means advance.cash. "Us" or "Our" refers to AdvanceCash, a small dollar lender owned by the Mandan, Hidatsa and Arikara Nation – the Three Affiliated Tribes of the Fort Berthold Reservation, a sovereign nation located within the United States of America, and operating within the Tribe's Reservation. "You" or "your" means the user of this Site.
This section provides legal disclosures about the content on advance.cash. You accept delivery of the following disclosures that relate to information at this Site.
PATRIOT Act: Federal law requires AdvanceCash to obtain, and in certain other circumstances, verify and record your name, address, date of birth and other information that will allow us to identify you when you open an account and in certain other circumstances.
Tax / Legal Advice: This Site is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
Foreign Jurisdictions: AdvanceCash products and services are available only in those jurisdictions where AdvanceCash is authorized or permitted by law to promote or sell them.
Availability of Products: AdvanceCash products are generally available to those who meet certain underwriting criteria. Our products are not available to active military servicemembers and their dependents and may not be available in all states.
Computer Requirements: To use this Site, you must have a personal computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with our Site.
We reserve the right to change the system requirements for using this Site.
We offer small dollar loans (from $300 to $1000) to creditworthy borrowers who submit an application for and are eligible for our loans. Borrowers receive their funds usually by the next business day following the time of application and repay the loans in installments over the term of the loan. The term of the loan and the number and period of installments may vary from borrower to borrower based on amount of loan and other factors.
Borrowers may have only one outstanding loan with AdvanceCash at any time. Once any current loan is repaid, however, the borrower may be eligible for another loan.
This section explains ways you are prohibited from using this Site, including using it for your own commercial use, sending inappropriate emails, providing false information, accessing this Site if not authorized, and improperly using AdvanceCash's name.
Personal Use Only: You will use the Site only for your personal, noncommercial use unless you and AdvanceCash have agreed otherwise in writing. Use in connection with policies or accounts with AdvanceCash in the name of your business are considered personal use.
Electronic Mail: You may not send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act.
Access: You may not use this Site in any manner that could damage or overburden any AdvanceCash equipment or software. You may not use any means of systematic retrieval of data or other content from this Site. You may not obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by AdvanceCash. You may not use the login information of another person, unless they specifically authorized you to do so.
False Information: You may not intentionally provide any false information when you register for this Site, apply for products or services from AdvanceCash or complete your profile.
Endorsements: You may not use AdvanceCash's name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by AdvanceCash without express written permission.
This section explains how to respect the intellectual property of AdvanceCash, how to report copyright infringements and how we will treat ideas you submit to us. AdvanceCash Copyright: This entire Site is the copyrighted work of AdvanceCash. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.
Trademarks: By providing content, we do not allow you to use trademarks referenced in this Site. You may not use any meta tags or any other "hidden text" using AdvanceCash's name or trademarks without the express written consent of AdvanceCash. The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of AdvanceCash or other parties. Users are prohibited from using any Marks
without the written permission of AdvanceCash or the third party that owns the Marks.
Copyright Infringement Claims: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on this Site may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit AdvanceCash to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by AdvanceCash. Written notice must be sent to:
AdvanceCash, General Counsel
P.O. Box 10, Parshall, ND 58770
Disclaimer of Warranties and Limitation of Liability
This section disclaims all warranties and liabilities related to this Site. This Site is provided by AdvanceCash on an "as is" and "as available" basis. To the full extent permissible by applicable law, AdvanceCash disclaims all warranties, express or implied, including, but not limited to, implied warranties of Merchantability and fitness for a particular purpose.
This section describes the law that will apply, and how and where we will handle disputes. It also has provisions that help in interpreting this agreement and how it relates to other agreements you may have with us. It describes how the agreement may be changed by us and the last date it was modified.
Governing Law: Use of this Site shall be governed by and construed in accordance with the Indian Commerce Clause of the Constitution of the United States of America and the laws of the MHA Nation.
Severability: If any provision of these Site Terms is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.
Waivers: Any waiver of any provision of these Site Terms will be effective only if in writing and signed by an authorized representative of AdvanceCash. Any delay or omission by AdvanceCash to exercise any rights under these Site Terms shall not be construed to waive any rights.
Privacy and Data Security
Federal law requires that we tell you how we collect, share and protect your personal information. A copy of our privacy notice as required by federal law is available here:
Types of Information We Collect
• Previous URL you visited – for Site management, marketing
• Transaction information you submitted on our site – for Site management, marketing, complete transactions and routine business purposes, as described in our privacy notice
• Site navigation, pages you visited, time you spent on pages – for Site management, marketing
• Verification of your device - Security
How We Use Your Information
• Maintain a secure session
• Authenticate your computer
• Detect potentially fraudulent transactions
• Verify transactions.
• Provide technical assistance
• Tailor the content we display to you on advance.cash
• Resolve performance issues with AdvanceCash websites
• Improve search engine placement
• Improve website navigation and page effectiveness
• Offer solutions that match your interests and needs
• Follow up on transactions you initiate