READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (the “Terms”) form a binding agreement between you and Volunteer Cash Advance, LLC (“Volunteer Cash Advance,” “we,” “us,” or “our”), a Tennessee limited liability company located at 509 E Main St Ste A, Livingston, TN 38570-2047. By submitting an application, opening an account, or otherwise using our website, mobile application, or services (collectively, the “Services”), you agree to be bound by these Terms. Section 13 contains an arbitration agreement. If you do not agree to these Terms, do not use the Services.
1.Acceptance of Terms
By using the Services you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. We may modify these Terms from time to time as described in Section 19; your continued use of the Services after the effective date of any modification constitutes acceptance of the modified Terms.
2.Eligibility
To apply for or hold a loan with us, you must:
- Be at least eighteen (18) years of age, or the age of majority in your state of residence, whichever is greater;
- Be a U.S. citizen or lawful permanent resident with a verifiable U.S. residential address;
- Have a valid Social Security number;
- Have a verifiable source of income and an active bank account in your name;
- Not be the subject of a current bankruptcy proceeding;
- Not be listed on the Specially Designated Nationals list maintained by the Office of Foreign Assets Control or any other applicable U.S. sanctions list;
- Apply only for yourself, not for a third party.
3.Account Registration
You agree to provide accurate, current, and complete information during registration and at all times when you use the Services, and to update that information as needed to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You will notify us immediately if you become aware of any unauthorized use of your account or any other security breach.
4.Loan Application Process
You may apply for a loan by submitting an application through our website or mobile application. We use the information you submit, together with information obtained from consumer reporting agencies and identity-verification vendors, to evaluate your application. The submission of an application does not guarantee that a loan will be offered to you, and we may decline any application in our sole discretion subject to applicable law.
If we approve your application we will present you with a loan offer that discloses the principal amount, the annual percentage rate, the finance charge, the total of payments, and the payment schedule. You may accept or decline that offer. Acceptance creates a separate loan agreement between you and us that is governed by the terms of that agreement and by these Terms to the extent not inconsistent.
5.Loan Terms and Disclosures
The following standardized terms apply to all consumer loans we offer:
- Loan amount. Five hundred U.S. dollars (US$500) minimum to fifteen thousand U.S. dollars (US$15,000) maximum, depending on creditworthiness, state of residence, and other underwriting factors.
- Term. Three (3) months minimum to sixty (60) months maximum. We do not offer products requiring repayment in full within sixty (60) days, and we do not offer payday products.
- APR. Annual percentage rate from 5.99% to a maximum of 35.99% inclusive of all costs and fees. Your APR will depend on creditworthiness, term, state of residence, and other factors disclosed at the time of offer.
- Fees. We may charge an origination fee, a returned-payment fee for returned ACH or check payments, and a late-payment fee where applicable; all such fees are disclosed in the loan agreement and are included in the calculation of the APR.
- Prepayment. You may prepay all or part of the principal at any time without penalty.
6.Truth in Lending Act (TILA) Disclosures
For each loan offered to you we will provide a TILA disclosure statement before consummation that includes the annual percentage rate, the finance charge, the amount financed, the total of payments, the payment schedule, and a description of any security interest. The TILA disclosure forms part of your loan agreement. The illustrative example below is for general information only and does not represent an offer; your actual disclosures will be provided with your specific loan offer.
Representative example. A $5,000 loan with a 24-month term and a 14.99% APR has 24 monthly payments of approximately $242, a total of payments of approximately $5,816, a finance charge of approximately $816, and an origination fee of $0 included in the APR.
7.Repayment, Late Fees, and Default
Repayment will be made in equal monthly installments by ACH debit from the bank account you designate, unless an alternate payment method is provided in your loan agreement. Each installment is due on the date set out in the payment schedule.
If a scheduled payment is not received within fifteen (15) days of its due date, we may assess a late-payment fee in the amount disclosed in your loan agreement, subject to any lower limit imposed by your state of residence. If your account becomes more than thirty (30) days past due we may declare your loan in default, accelerate the unpaid balance, refer the account to internal or third-party collection, and report the default to consumer reporting agencies.
8.Refusal of Service and Account Termination
We may decline an application, terminate your account, or suspend your access to the Services at any time, with or without notice, for any reason consistent with applicable law, including but not limited to failure to meet eligibility requirements, suspected fraud or misuse, violation of these Terms, or as required by court order or regulator. Termination does not relieve you of any obligation to repay outstanding loan balances under your loan agreement, nor does it terminate provisions of these Terms that by their nature should survive (including Sections 12 through 17).
9.User Representations and Warranties
By using the Services you represent and warrant that: (a) all information you provide is true, accurate, current, and complete; (b) you are using the Services for your own legitimate, personal, non-commercial purposes; (c) your use of the Services does not violate any applicable law or any contractual or fiduciary obligation; and (d) you have authority to enter into these Terms.
10.Prohibited Conduct
You agree not to, directly or indirectly: (a) use the Services to provide false, misleading, or fraudulent information; (b) impersonate any person or misrepresent your affiliation with any person; (c) interfere with or disrupt the Services or any networks connected to them; (d) attempt to gain unauthorized access to any account, system, or data; (e) reverse engineer, decompile, or disassemble any component of the Services; (f) use any automated tool, bot, scraper, or similar technology to access the Services for any purpose without our express written permission; or (g) use the Services in violation of any applicable law or these Terms.
11.Intellectual Property
The Services and all related materials, including software, text, graphics, logos, trademarks, and other content, are the property of Volunteer Cash Advance, LLC or our licensors and are protected by U.S. and foreign intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for the purpose of using our products. We reserve all rights not expressly granted.
12.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOLUNTEER CASH ADVANCE, LLC OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO THE FEES YOU HAVE ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
13.Dispute Resolution and Arbitration
You and Volunteer Cash Advance agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any loan transaction with us (a “Dispute”) shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules in effect at the time the arbitration is initiated, except as modified below. The arbitrator’s decision shall be final and may be entered as a judgment in any court of competent jurisdiction.
Individual basis. You and we agree that arbitration shall be conducted on an individual basis only, not on a class, collective, or representative basis. However, this Section does not waive any right that cannot be waived under applicable law, including any right to participate in a class action where waiver of that right would be unenforceable.
Small-claims preserved. Either party may instead bring an individual action in small-claims court for a Dispute that qualifies for that court’s jurisdiction, in lieu of arbitration.
Opt-out. You may opt out of this arbitration agreement by sending a written notice to the address in Section 21 within thirty (30) days of the date you first agreed to these Terms. Your notice must include your full legal name, address, and a clear statement that you are opting out. Opting out will not affect any other portion of these Terms or your relationship with us.
Costs. The administrative fee for the arbitration shall be paid in accordance with the AAA Consumer Arbitration Rules; the consumer’s share of the administrative fee shall not exceed two hundred fifty U.S. dollars (US$250) where the AAA rules so provide. Each party shall bear its own attorneys’ fees and costs unless the arbitrator awards otherwise as permitted by applicable law.
This arbitration agreement is made under the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and shall be construed and enforced in accordance with that Act.
14.Governing Law and Jurisdiction
Except where preempted by federal law or the Federal Arbitration Act, these Terms and any non-arbitrable Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Subject to Section 13, the federal and state courts located in New Castle County, Delaware, have exclusive jurisdiction over any non-arbitrable Dispute.
15.Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Volunteer Cash Advance, LLC and its officers, directors, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms, your violation of applicable law, or your misuse of the Services.
16.Force Majeure
Neither party shall be liable for any delay or failure to perform under these Terms to the extent caused by an event beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, public-health emergencies, governmental action, internet or telecommunications outages, or labor disputes.
17.Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be construed or modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
18.Entire Agreement
These Terms, together with the Privacy Policy and any loan agreement you sign with us, constitute the entire agreement between you and Volunteer Cash Advance, LLC concerning the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written. Headings are for convenience only and do not affect interpretation.
19.Changes to These Terms
We may modify these Terms from time to time. The "Effective" date at the top of this page indicates when the current version took effect. We will notify you of material changes by posting the updated Terms on our website and, where practicable, by sending you an email or other notice consistent with applicable law. Your continued use of the Services after the effective date of any modification constitutes acceptance of the modified Terms.
20.Contact Information
Questions about these Terms, opt-out notices, and other written communications should be sent to:
Volunteer Cash Advance, LLC
Attn: Legal Department
509 E Main St Ste A
Livingston, TN 38570-2047
USA
Email: [email protected]
Telephone: +1 (111) 111-1111