CashwingImportant notice
Please read this carefully: it affects your right to go to court. If you reside in the United States, unless you opt out within 30 days after your first acceptance, disputes between you and Cashwing will be resolved through individual and binding arbitration, and you waive a jury trial and the right to participate in class actions, except where prohibited by law. This Agreement does not apply to people who reside outside the United States.
1. What it covers
You and CASHWING LLC agree to resolve through individual arbitration any dispute relating to Cashwing, these documents, your account, your content, the Marketplace, payments, privacy, or the relationship between the parties, whether contractual, statutory, or otherwise, except for the exceptions in section 9.
2. Governing law
This Agreement is governed by the Federal Arbitration Act and, to the extent that law does not apply, by Florida law, without depriving you of mandatory rights as a consumer.
3. First, let's try to resolve it
Before starting an arbitration, the party making the claim must send an individual notice (to Cashwing: to services@cashwing.net; to you: to your account's email address) with name, account, contact information, facts, harm, what is being requested, and signature. The parties will have 60 days to negotiate in good faith and, if either party requests it, to hold a telephone or virtual meeting in which the claimant personally participates. Statutes of limitations are tolled during that time where permitted by law.
4. Who administers the arbitration
The American Arbitration Association (AAA), under its Consumer Arbitration Rules in effect when the claim is filed. If the AAA is unable to administer it, the parties will choose a similar administrator, or a court will appoint one.
Mass claims. If 25 or more people file similar claims in a coordinated way, in addition to the AAA's mass arbitration rules, up to 10 test cases (half chosen by each side) will be decided first, in groups, and the remaining claims will be put on hold, with statutes of limitations tolled, while they are decided. The parties will then attempt a global mediation before proceeding. This avoids disproportionate costs for both sides without preventing each individual claim from ultimately being resolved.
5. How it is conducted
If the claim is for USD 25,000 or less, the arbitration is decided on documents only (no hearing), unless the arbitrator decides one is needed, which makes it faster and less costly. If there is a hearing, it may be by telephone, video call or in person; if you are a consumer, an in-person hearing may take place in your county of residence. You may be represented by an attorney.
6. Costs
You will pay only the fee allocated to you under the AAA's consumer rules (which may waive it). Cashwing pays the business fees and the arbitrator's compensation allocated to it under those rules.
7. What the arbitrator may decide
The same individual damages and relief that a court could award, only in favor of the parties to the case. A court decides whether this Agreement was formed, whether you validly opted out, and whether the class action waiver is valid; the arbitrator decides everything else.
8. Class action waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CASHWING MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not combine claims of multiple people. If a court finds this waiver invalid for a specific claim, that claim will go to court, and the others will remain in arbitration.
9. Exceptions
- Small claims court first. Either party may bring an individual claim in small claims court if it is within that court's limit, and may ask that an arbitration already filed be moved there. This is the preferred path for small claims: it is fast and has no arbitration costs.
- Either party may ask a court for emergency relief to protect intellectual property or security, or to prevent unauthorized access.
- You may always file complaints with government agencies (for example, the FTC or your state attorney general).
10. How to opt out
You may opt out of this Agreement without any consequence for your account. Within 30 days after your first acceptance, send an email to services@cashwing.net with the subject line "Arbitration Opt-Out," your name, your account's email address, and the sentence "I opt out of the Cashwing Arbitration Agreement." We will send you a confirmation and keep the record.
11. Changes
We will notify you of significant changes to this Agreement. A change does not apply to a dispute that has already been noticed, and you may reject it within 30 days after the notice; in that case, the previous version you accepted continues to govern.
12. Survival
If any part of this Agreement is invalid, the rest remains in effect, but class arbitration will never be permitted without written consent. This Agreement remains in effect even if you close your account.