American Cash Advance
Terms & Conditions

AMERICAN CASH ADVANCE AND TITLE LOAN, A.K.A. AMERICA'S BEST CASH ADVANCE, LLC TERMS AND CONDITIONS OF USE FOR WWW.AMERICANCASHADVANCE.BIZ WEBSITE

Effective May 1, 2019

By accessing the americancashadvance.biz website (the "Website") you agree to be bound by the terms and conditions (the "Terms"). Please read these terms carefully. If you do not agree to these Terms, please exit the website or application immediately. Please also note that future references to American Cash Advance and Title Loan, America's Best Cash Advance, and www.americancashadvance.biz shall hereinafter be referred to as ACA.

Credit Decisions

ACA is a payday and title loan lender who makes their own credit decisions and will approve or deny an application based on the information you provide and whether certain criteria has been met. Not all criteria will be met through the online application alone and no final decision will be made until you visit one of our storefront locations with all required documentation. ACA does not currently provide online lending but does offer an online application as a means to begin the approval process.

ACA will receive and review your information in real-time to determine whether your information meets our underwriting criteria. We may use your application to perform a credit check. This credit check may be a formal inquiry which leaves a record on your credit report and may affect your credit score (a "Hard Check"). More likely though we will perform an informal inquiry which will not affect your credit (a "Soft Check"). These credit checks may be performed through TransUnion, Equifax, or Experian (the "Big Three") or they may be performed through other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau or DataX) that track consumer transactions with lending institutions. By submitting your application you agree to allow ACA to review, verify and research your information in such a manner.

Electronic Disclosure

By submitting your application you agree to receive notifications, disclosures and other documents and communications from ACA. ACA may also require you to consent to receive all notifications regarding your loan electronically. These electronic communications may include attempts to collect a debt.

Additionally, the lender may require you to access documents related to a loan, including your loan contract. By submitting your application you agree to this form of access.

If in the future you wish to cease electronic disclosures please notify the location where your loan is being/has been processed. You may be required to submit your request in writing. Please note that opting out of such electronic disclosures could affect your ability to receive future loans.

Accuracy

You represent that the information you provide in your application and requested documents to ACA is accurate and truthful. If this information is not accurate and truthful ACA may deny, suspend, or terminate your use of the Service and this also risks immediately placing into default any loans you have obtained with the inaccurate information. This includes but is not limited to: personal information, banking information, employer or payroll information, bankruptcy information, or pledges you make regarding any other outstanding payday, title or installment loan numbers or amounts.

Control over Features, Functions and Access to the Service

ACA may change any information, features, or functions of the service without prior notice. ACA may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that ACA determines, in its sole discretion, violate these Terms, the rights of ACA or any third party, or is otherwise inappropriate. ACA is not responsible for any errors or delays in providing Service caused by errors in the application information provided by you or by any technical problems with the application or the website beyond its reasonable control.

Disclaimers and Limitations

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". ACA EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

ACA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK.

ACA OR THE LENDER PARTNERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ACA OR THE LENDER PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

ACA DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR LENDER OTHER THAN ITS OWN. ACA IS NOT AN AGENT OF YOU OR ANY PARTICIPATING LENDER. ACA IS ONLY INVOLVED WITH THE ITS OWN USE OR REVIEW OF YOUR APPLICATION INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET ITS OWN UNDERWRITING CRITERIA. ACA IS A LENDER WHO IS SOLELY RESPONSIBLE ONLY FOR ITS SERVICES TO YOU, AND YOU AGREE THAT ACA WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT ACA MAY KEEP YOUR APPLICATION INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED FOR A LOAN WITH US.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF ACA, THE LENDER PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

As a condition of using the Website or the Services, you agree to indemnify ACA and any potential Lender Partners from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Website, including any claims alleging facts that if true would constitute a breach by you of these Terms.

Links to Third Parties

The Website may contain links to other websites operated by Lender Partners or other third parties. These links are provided for your convenience and reference only. ACA does not operate or control in any respect any information, software, products, or services available on such third-party sites. ACA's inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

SMS Terms & Conditions

By providing a mobile phone number you are opting in to communications via SMS from ACA. These communications may include a follow-up SMS message containing a link to your completed Loan Request Form, payment reminders from ACA, and future offers.

For additional support: americancashadv@yahoo.com

Message and Data Rates May Apply. Under no circumstances will ACA be responsible for fees that your wireless carrier or other third parties may charge you for use of this service.

Messages may be delayed or undelivered for various factors. Carriers are not liable for delayed or undelivered messages.

Lender Referral Terms

If we are unable to approve your loan for any reason, or if you are located outside of our service area, we may supply you with information regarding other lending alternatives. In doing so, if you choose to seek out these alternative methods, their terms and disclosures will be provided to you by them, and we are in no way liable or connected to this alternate form of lending. While we may receive a small fee, for the lead generation of such a loan, we are only providing a link for your convenience and once you leave our website, or go directly to the alternative website, we are no longer involved in or responsible for anything beyond that.

Other Terms

These Terms constitute the entire agreement between you and ACA. These Terms will be governed by the laws of the State of Tennessee without regard to its conflict of law principles. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely connects the intent of the original provision and the remainder of these Terms will remain in effect. Any failure by ACA to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. ACA may amend these Terms at any time by posting the amended terms on its website. All amended terms are automatically effective immediately upon posting.

You may direct any questions concerning these terms to:
American Cash Advance and Title Loan A.K.A. America's Best Cash Advance, LLC 6195 Macon Rd, Ste 3 Memphis, TN 38134

email: americancashadv@yahoo.com

Material disclosure

APR Disclosure. Some states have laws limiting the Annual Percentage Rate (APR) that a lender can charge you. APRs for cash advance loans range from 200% and 1386%, APRs for installment loans range from 6.63% to 225%, and APRs for personal loans range from 4.99% to 450% and vary by lender. Loans from a state that has no limiting laws or loans from a bank not governed by state laws may have an even higher APR. The APR is the rate at which your loan accrues interest and is based upon the amount, cost and term of your loan, repayment amounts and timing of payments. Lenders are legally required to show you the APR and other terms of your loan before you execute a loan agreement. APR rates are subject to change.

Material Disclosure. The operator of this website is a lender licensed in the State of Tennessee and can provide loans to residents in the states of Tennessee and Mississippi. We are currently authorized to loan up to $435 on payday loans (also known as cash advances) and up to $2500 on title loans. The finalized amount of approval will depend on many factors and will always fall within state specified limits. Repayment terms may be regulated by state and local laws. Some faxing or emailing may be required. These disclosures are provided to you for information purposes only and should not be considered legal advice. Use of this service is subject to this site’s Terms of Use and Privacy Policy.

Exclusions. Residents of some states may not be eligible for some or all short-term, small-dollar loans. Residents of Arkansas are not eligible to use this website or service. The states serviced by this website may change from time to time, without notice.

Credit Implications. The operator of this website makes its own credit decisions. ACA may perform credit checks with credit reporting bureaus or obtain consumer reports, typically through alternative providers to determine creditworthiness, credit standing and/or credit capacity. By submitting your information, you agree to allow ACA to verify your information, check your credit, and verify your employment. Loans provided by us are designed to provide cash to you to be repaid within a short amount of time. The short-term loans are not a solution for long-term debt and credit difficulties. Only borrow an amount that can be repaid on the date of your next pay period. Consider seeking professional advice regarding your financial needs, risks and alternatives to short-term loans. Late Payments of loans may result in additional fees or collection activities, or both. Nonpayment of credit could result in collection activities. If you are struggling to repay your loan we strongly suggest you reach out to us for arrangements. Once an account is assigned over to our collection department we are unable to retrieve it or remove the additional fees and costs associated with the collection of said loan.