Silver Cloud Financial, Inc. is dedicated to offering the fastest and most hassle-free lending available. Our simple loan process is designed to get you the money you need, when you need it most. Here are our terms and conditions:
Last Update April 25th, 2014
Our Relationship with you
1.1 The company. Silver Cloud Financial, Inc.’s business is the issuance of short term consumer loans.
1.3 Intellectual Property. The URLs representing the Silver Cloud Financial, Inc. website(s), “Silver Cloud Financial, Inc.,” and all related logos of our products and services described in our website(s) are either copyrighted by Silver Cloud Financial, Inc., trademarks or registered trademarks of Silver Cloud Financial, Inc. or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Silver Cloud Financial, Inc., service marks, trademarks, and/or trade dress of Silver Cloud Financial, Inc. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. All right, title and interest in and to the Silver Cloud Financial, Inc. website and any content thereon is the exclusive property of Silver Cloud Financial, Inc. and its licensors.
2. Eligibility and Types of Accounts
2.1 Eligibility. To be eligible for our Services, you must (i) be a resident of the United States; (ii) have full legal capacity to enter into a contract; and (iii) be an individual at least 18 years old. You further represent and warrant to us in opening an Account with us that you are not acting on behalf of, or for the benefit of, anyone else.
3. Account Balances and Transaction Information
3.1 Balances and transaction information. You may check your Balance by logging into your Account. Key information relating to your payments will be provided to you electronically and your transaction history will also be updated and made available to you at any time by logging into your Account. Silver Cloud Financial, Inc. reserves the right to charge a reasonable fee for providing you with additional information or for providing the transaction history and other information in a different way. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing a copy.
4. Term and Closing Your Account
5. Restricted Activities
5.1 Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with Silver Cloud Financial, Inc., or its agents or affiliates, you will not:
- Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);
- Infringe Silver Cloud Financial, Inc.’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Provide false, inaccurate or misleading Information;
- Fail to provide us with further information about you that we may reasonably request;
- Receive what we reasonably believe to be potentially fraudulent or unauthorized funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- Use an anonymizing proxy;
- Conduct your activities or use the Services in a manner that results in or may result in complaints, Disputes, Claims, fees, fines, penalties and other liability to Silver Cloud Financial, Inc.;
- Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as Silver Cloud Financial, Inc. reasonably believes based on the information available to it);
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
- Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Silver Cloud Financial, Inc. website(s) without our or any applicable third party’s written consent;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
- Reveal your Account password(s) to anyone else, nor may you use anyone else’s password. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of passwords;
- Allow your use of the Service to present to Silver Cloud Financial, Inc. a risk of non-compliance with Silver Cloud Financial, Inc.’s regulatory obligations (including, without limitation, where we cannot verify your identity).
You agree that engaging in the above Restricted Activities diminishes Silver Cloud Financial, Inc. customers’ safe access and/or use of the Service generally.
5.2 Keeping your Account Safe. You agree to perform the following actions to keep your Account safe:
- Not engage in any of the Restricted Activities;
- Keep the details of your password safe;
- Not allow anyone else to have or use your password details;
- Not disclose the details of your password except when using the Service;
- Never write your password in a way that can be understood by someone else;
- Not choose a password that is made more memorable to you such as a sequence of letters or numbers that may be easy to guess;
- Take care to make sure that no one sees your password when you use it; and
- Comply with all reasonable instructions we may issue regarding how you can keep your Account safe.
6. Your Liability – Actions We May Take
6.1 Your Liability.
- Reimbursement for Your Liability. In the event you are liable for any amounts owed to Silver Cloud Financial, Inc., Silver Cloud Financial, Inc. may collect your debt by using any payment instruments that you supply to Silver Cloud Financial, Inc. and you agree to reimburse Silver Cloud Financial, Inc. through other means, if necessary. Silver Cloud Financial, Inc. may also recover amounts you owe it through legal means, including, without limitation, through the use of a debt collection agency.
6.2 Actions by Silver Cloud Financial, Inc.. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Silver Cloud Financial, Inc., a third party, or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- Block your Account;
- Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;
- We may request information from you or otherwise update inaccurate Information you provided us;
- We may refuse to provide our Services to you in the future;
- We may take legal action against you.
6.4 Information About You
7. Errors and Unauthorized Transactions
7.3 Review of Reports of Errors. We will advise you of the results of our investigation within twenty (20) Business Days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to sixty (60) Business Days to investigate your complaint or question.
At the end of our investigation, we will advise you of the results in writing within three (3) Business Days
7.4 Errors. If we discover a processing error, we will rectify the error. If a payment was made to your banking account(s) by way of mistake, Silver Cloud Financial, Inc. may correct the mistake by debiting or crediting (as the case may be) your appropriate account(s). If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable to refund any amount as a result of carrying out a defective or non-executed payment transaction and for your losses or damages directly and reasonably foreseeably caused by this failure, unless:
- through no fault of ours, you did not have enough available funds to complete the transaction,
- our system was not working properly and you knew about the breakdown when you started the transaction, or
- Circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
8. Disputes with Silver Cloud Financial, Inc.
8.1 Contact Silver Cloud Financial, Inc. First. If a dispute arises between you and Silver Cloud Financial, Inc., our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Silver Cloud Financial, Inc. regarding our Services may be reported to Customer Service online via the “Email Us” link on the “Contact Us” page at any time, or by calling the Customer Service telephone number located on the Silver Cloud Financial, Inc. website(s) and by logging into your Account.
8.2 Disputes. We will follow and you agree to follow our policy of arbitrating all disputes, including the scope and validity of this Arbitration Provision. In general, binding arbitration is a process in which persons with a dispute waive their rights to file a lawsuit in a court and waive their rights to have a jury trial. Instead, the parties agree to submit their disputes to a neutral third person (an “arbitrator”) for a decision. Arbitration proceedings are private and less formal than court proceeding. Each party to a dispute has an opportunity to present their evidence to the arbitrator regarding the dispute. After considering each party’s evidence and arguments, the arbitrator then issues a final and binding decision resolving the dispute. As part of agreeing to arbitrate any dispute, you explicitly waive any right you may have to participate in any class action against us.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
- You acknowledge and agree that by entering into this Arbitration Provision:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
- All disputes including any Representative Claims against Us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
- Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the laws of the Habematolel Pomo of Upper Lake and such rules and procedures used by the applicable arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision or the law of the Habematolel Pomo of Upper Lake, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above.
- You have the right to request that arbitration take place within thirty (30) miles of Your residence or some other mutually agreed upon location, provided, however, that such election to have binding arbitration occur somewhere other than on Tribal land shall in no way be construed as a waiver of sovereign immunity or allow for the application of any other law other than the laws of the Habematolel Pomo of Upper Lake.
- Regardless of who demands arbitration, we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”) at your request. Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive Tribal law consistent with the Federal Arbitration Act (FAA), and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorneys’ fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing Us for Your portion of the Arbitration Fees, and We will reimburse you for any Arbitration Fees You have previously paid. If the arbitrator does not render a decision or an award in Your favor resolving the dispute, then the arbitrator shall require You to reimburse Us for the Arbitration Fees We have advanced less any Arbitration Fees You have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator’s award is binding and not appealable.
- All parties, including related third parties, shall retain the right to enforce an arbitration award before the applicable governing body of the Habematolel Pomo of Upper Lake Tribe (“Tribal Forum”). Both You and We expressly consent to the jurisdiction of the Tribal Forum for the sole purposes of enforcing the arbitration award. The Tribe does not waive sovereign immunity.
- This Arbitration Provision is made pursuant to a transaction involving both interstate commerce and Indian commerce under the United States Constitution and other federal and tribal laws. Thus, any arbitration shall be governed by the FAA and subject to the laws of the Habematolel Pomo of Upper Lake. If a final non- appealable judgment of a court having jurisdiction over this transaction finds, for any reason that the FAA does not apply to this transaction then our agreement to arbitrate shall be governed by the laws of the Habematolel Pomo of Upper Lake Tribe.
- This Arbitration Provision is binding upon and benefits You, Your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits Us, Our successors and assigns, and related third parties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
8.4 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
- any loss or corruption of data; or
You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Silver Cloud Financial, Inc. Services.
“ACH” means the Automated Clearing House network.
“Account” or “Silver Cloud Financial, Inc. Account” means a Personal Account.
“Business Days” means a day (other than a Saturday or Sunday) on which banks in the United States are open for business (other than for the sole purpose of 24-hour electronic banking).
“Calendar Year” means 1 January to 31 December inclusive in any year.
“Days” means calendar days.
“Information” means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, post/shipping address, phone number and financial information.
“Services” means the products, services, portals and websites offered or available to you by Silver Cloud Financial, Inc.
“Silver Cloud Financial, Inc. website(s)” means any URL through which we provide the Services to you.
“Personal Account” means an Account used primarily for personal, family, or household purposes.
“Policy” or “Policies” means any Policy or other agreement between you and Silver Cloud Financial, Inc. that you entered into on the Silver Cloud Financial, Inc. website(s), or in connection with your use of the Services.
“Policy Update” means a prior notice of Changes which Silver Cloud Financial, Inc. may make available to you in writing.
“Verified” means that you have completed our verification process in order to help establish your identity with Silver Cloud Financial, Inc.