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Data


Minimum purchase $200.00 $0.00

Cashyew

Verification

TCPA verification

TCPA

The TCPA Litigator List is the premier TCPA suppression list on the market.
All records are scrubbed against this list to ensure TCPA compliance and
to mitigate potential TCPA litigation. Cashyew Data recommends every company
that makes outbound calls to get a subscription to the TCPA Litigator List
Go to tcpalitigatorlist.com and click on get the list. 

Million Verifier

Million Verifier

The most comprehensive email verification service with 99%+ verification accuracy. Email list verification, bulk email verifier, email verifier API & automated email verification in one place. https://www.millionverifier.com/

Real Validito

Real Validito

Validate phone numbers to identify disconnected and invalid numbers, carrier & region details and to distinguish cell phone (mobile) from landlines. Clean your customer database from invalid or outdated phone numbers to increase conversions & deliverability. https://www.realvalidito.com/

How this site works

Our online data platform allows you to purchase the type of data and the quantity of data that you want. Your purchased records are maintained in your account and used to suppress against future purchases to ensure that you do not purchase duplicates.
To get started, choose between MCA Data or Premium Data.

  1. Choose data list.
    Click “?” to see list description.
  2. Choose the quantity of data from each listing.
    Click “MAX” if you want purchase all records from the list.
  3. Click on the “eye” icon to see a sample records.
  4. Your total is displayed at the bottom. NB! Minimum purchase is $50
  5. Confirm your order.
  6. Check out by credit card payment.
  7. Download your list(s) in My records.

NB! For first time users, you must register an account.
We maintain your records and use them to dedupe future purchases. (Deduping used for premium lists against future premium list purchases and MCA lists against future MCA list purchases).

If you have any questions or support issues, please chat or call us during business hours. Or you can use our contact form

About our Data

Cashyew Data is the premier data provider for the MCA industry. Our data is culled from our years in the MCA industry and validated through a multi-step process to ensure the highest quality. Each phone number is scrubbed against our proprietary TCPA Litigator List to ensure TCPA compliance and verified by HLR Lookup to ensure connectivity. We validate each email through Zerobounce. No other data provider has such a stringent quality control process.
Cashyew Data only sells to the end-users, funding companies, ISO’s and brokers. We want to maintain the quality of the lists but limiting, who purchases the records.

No Dupes Guarantee

We maintain every record from every purchase in a suppression list in your account. We use this suppression list to dedupe your future list purchases.

Check back each week for new lists.

Terms & conditions

01
These General Terms and Conditions (the “Terms”) are incorporated into every order form, quote, invoice, online checkout, subscription, statement of work, or other ordering document that references them (each, an “Order Form”). Together, the applicable Order Form and these Terms form the “Agreement” between Cashyew Holding, doing business as Cashyew (“Cashyew”), and the person or entity identified as the customer on the Order Form (“Customer”). By signing an Order Form, submitting an order, clicking to accept, accessing the Services, or using any Data, Customer agrees to the Agreement. If an Order Form conflicts with these Terms, the Order Form controls solely as to the conflicting provision.
02
  • (a) “Applicable Law” means all federal, state, local, and foreign laws, statutes, regulations, rules, orders, and binding governmental requirements applicable to a party, the Data, the Services, or Customer’s activities, including laws governing privacy, data security, telemarketing, text messaging, email marketing, consumer protection, and do-not-contact obligations.
  • (b) “Authorized User” means an employee of Customer, or a contractor engaged by Customer and acting solely on Customer’s behalf, who has a legitimate need to access the Data or Services for the Permitted Purpose and is bound by written confidentiality, security, and use restrictions at least as protective as this Agreement.
  • (c) “Cashyew Technology” means Cashyew’s software, websites, databases, compilations, APIs, systems, files, documentation, interfaces, page layouts, designs, algorithms, enrichment methods, scoring, normalization, categorization, work product, and all modifications and derivative works of the foregoing. Cashyew Technology does not include Customer Content.
  • (d) “Customer Content” means logos, email creative, images, files, documents, instructions, suppression files, and other materials supplied by or on behalf of Customer to Cashyew.
  • (e) “Data” means marketing, business, contact, telephone, email, demographic, firmographic, and related information supplied, licensed, made accessible, or generated by Cashyew under an Order Form, including updates, exports, and results returned through an API or online account.
  • (f) “Permitted Purpose” means Customer’s internal, lawful direct marketing, market research, customer prospecting, and business-development activities relating to financial products, commercial funding, or other activities expressly authorized in the applicable Order Form. The Permitted Purpose excludes every Prohibited Use described in this Agreement.
  • (g) “Services” means the delivery, hosting, access, processing, file-management, API, subscription, support, and related services provided by Cashyew under an Order Form.
03
  • (a) Customer represents that it has legal capacity to enter the Agreement and that the individual accepting the Agreement has authority to bind Customer.
  • (b) Customer is responsible for all activity occurring through its accounts, credentials, API keys, and Authorized Users. Customer will maintain accurate account and billing information, protect credentials from unauthorized use, and promptly notify Cashyew of suspected compromise or unauthorized access.
  • (c) Customer may not allow account sharing outside its Authorized Users or use credentials assigned to another customer.
04
  • (a) Subject to Customer’s timely payment and continued compliance with the Agreement, Cashyew grants Customer a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Data and Services solely for the Permitted Purpose.
  • (b) The license continues for the period stated in the Order Form. If no period is stated for a fully paid one-time Data purchase, the license continues until terminated under the Agreement. Subscription access ends when the applicable subscription terminates, except that Customer remains responsible for all continuing restrictions applicable to previously delivered Data.
  • (c) Customer may disclose Data only to Authorized Users. Customer is responsible for every act and omission of its Authorized Users, employees, contractors, call centers, dialers, affiliates, and marketing vendors relating to the Data or Services.
05
Unless Cashyew expressly authorizes otherwise in a signed writing, Customer will not, and will not permit any third party to:
  • sell, resell, sublicense, rent, lease, distribute, publish, disclose, transfer, transmit, contribute, or otherwise make the Data available to any third party, including a data broker, data reseller, lead seller, exchange, marketplace, or competing service;
  • use the Data to build, enhance, validate, train, or populate a competing database, data product, lead product, directory, model, or service;
  • scrape, crawl, systematically extract, reverse engineer, decompile, disassemble, bypass, probe, or interfere with any Cashyew Technology or access control, except to the limited extent a restriction is prohibited by law;
  • use the Data for consumer-credit eligibility, insurance underwriting, employment, tenant screening, housing, government-benefit eligibility, or any other purpose governed by the Fair Credit Reporting Act or analogous law;
  • use the Data to target minors, facilitate discrimination, harass or deceive any person, promote illegal goods or services, or engage in conduct that is unlawful, fraudulent, abusive, or likely to expose Cashyew to regulatory or third-party liability;
  • combine the Data with sensitive personal information in a manner that violates Applicable Law or creates a materially increased risk of harm;
  • remove proprietary notices, ownership markings, or technical restrictions from the Data or Services; or
  • use Cashyew’s name, trademarks, or the fact that Customer uses Cashyew in advertising, marketing, or public statements without Cashyew’s prior written approval.
  • Cashyew may refuse to sell Data or provide Services to any person or entity that Cashyew reasonably and in good faith believes is a data reseller, intends an unauthorized use, or presents a material legal, security, or reputational risk.
06
  • (a) Customer is solely responsible for determining whether, when, where, and by what method it may lawfully contact any person or entity. Customer will comply with all Applicable Law governing telephone calls, text messages, prerecorded or artificial-voice messages, automatic dialing, email, facsimile, caller identification, solicitation hours, registration, licensing, consent, opt-outs, and do-not-contact requirements.
  • (b) Without limiting subsection (a), Customer is responsible for compliance with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, the Children’s Online Privacy Protection Act when applicable, federal and state do-not-call laws, state telemarketing and text-messaging laws, and applicable industry self-regulatory standards.
  • (c) INCLUSION OF A TELEPHONE NUMBER, EMAIL ADDRESS, NAME, OR OTHER RECORD IN THE DATA DOES NOT CONSTITUTE CONSENT, EVIDENCE CONSENT, OR CREATE CONSENT TO CALL, TEXT, EMAIL, OR OTHERWISE CONTACT THAT PERSON. CASHYEW DOES NOT REPRESENT OR WARRANT THAT ANY PERSON HAS PROVIDED PRIOR EXPRESS CONSENT, PRIOR EXPRESS WRITTEN CONSENT, OR ANY OTHER FORM OF CONSENT REQUIRED BY LAW.
  • (d) Unless an Order Form expressly states that a particular screening or suppression service is included, Customer must independently obtain, access, and apply all applicable federal, state, internal, industry, and client-specific do-not-call, do-not-text, do-not-email, and suppression lists before initiating contact. Customer must maintain and honor its own opt-out and revocation records.
  • (e) Customer will maintain records sufficient to substantiate its lawful basis, consent, campaign settings, suppression procedures, and compliance for each marketing channel it uses. Cashyew does not select Customer’s recipients, campaign content, dialing technology, send times, or contact frequency.
07
Cashyew is not a “consumer reporting agency,” and the Data is not intended to be a “consumer report,” as those terms are defined under the Fair Credit Reporting Act. Customer will not use the Data, alone or with other information, to determine or influence any person’s eligibility for credit, insurance, employment, housing, tenant screening, government benefits, or any other FCRA-regulated purpose. Customer will not represent to any person that the Data is a consumer report or has been verified for an FCRA purpose.
08
  • (a) Each party will comply with Applicable Law governing personal data that it collects, receives, stores, uses, shares, sells, licenses, or otherwise processes. Except as expressly stated in a signed data processing addendum, each party independently determines the purposes and means of its own processing and is responsible for its own privacy notices, legal bases, consumer-request procedures, and regulatory obligations.
  • (b) Customer will maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the Data and the risks presented. At a minimum, Customer will restrict access to Authorized Users, use reasonable credential and device security, protect Data in transit and at rest where appropriate, and securely delete Data no longer required for the Permitted Purpose or by law.
  • (c) Customer will notify Cashyew without undue delay after discovering unauthorized access to or disclosure, loss, misuse, or compromise of the Data or Cashyew credentials and will reasonably cooperate in investigation, mitigation, and legally required notices. Notification does not constitute an admission of fault or liability.
  • (d) Customer is responsible for responding to consumer access, correction, deletion, opt-out, and similar requests relating to Customer’s use of the Data. The parties will reasonably cooperate when Applicable Law requires assistance, subject to reasonable verification, security measures, and reimbursement of material out-of-pocket costs unless the need for assistance resulted from the assisting party’s breach.
  • (e) Customer will not upload to the Services Social Security numbers, financial-account credentials, payment-card data, medical information, government identification numbers, precise geolocation, biometric data, or other sensitive personal information unless the applicable Order Form expressly authorizes that category of data and the parties have implemented appropriate written safeguards.
09
  • (a) Customer acknowledges that marketing and contact information changes frequently and may be incomplete, inaccurate, outdated, duplicate, undeliverable, or unavailable. Cashyew does not guarantee response rates, conversions, approvals, funding, sales, revenue, profitability, or any other business result.
  • (b) Customer must verify electronic delivery and notify Cashyew within twenty-four (24) hours after the scheduled delivery if Customer did not receive the purchased Data or access credentials. Cashyew will use commercially reasonable efforts to redeliver missing items.
  • (c) Cashyew’s duplicate or suppression controls, if any, apply only as described in the applicable Order Form and generally compare against Data previously supplied by Cashyew under the applicable account or service. Data purchased from or supplied by third parties may duplicate or resemble Cashyew and does not create a refund or credit right.
  • (d) If Customer identifies a material, verifiable error in the Data and provides written notice with reasonably sufficient supporting detail within fourteen (14) days after delivery, Cashyew will, at its option, replace the affected Data, correct the affected record, or issue an account credit reasonably attributable to the affected Data. This subsection states Customer’s sole and exclusive remedy for inaccurate, incomplete, duplicate, outdated, or undeliverable Data. No cash refund is required unless Cashyew expressly agrees in writing or Applicable Law requires it.
10
  • (a) Cashyew may review Customer’s use of the Data and Services to verify compliance. Cashyew’s failure to review, object, or enforce at any time does not approve Customer’s conduct or waive any right or obligation.
  • (b) Upon at least ten (10) business days’ written notice, Cashyew may audit records reasonably necessary to verify compliance, no more than once in any twelve-month period unless Cashyew has a reasonable, good-faith basis to suspect a material breach, unlawful use, unauthorized disclosure, or security incident. Audits will occur during normal business hours, will be conducted in a manner reasonably designed to minimize disruption, and will be subject to confidentiality obligations. Cashyew will bear ordinary audit costs, but Customer will reimburse reasonable audit costs if the audit identifies a material breach.
  • (c) Customer will not be required to disclose legally privileged materials or unrelated confidential information, but Customer must provide reasonable alternative evidence sufficient to verify compliance.
11
  • (a) As between the parties, Cashyew owns all right, title, and interest in and to the Cashyew Technology, including its database compilation, selection and arrangement, proprietary enrichment, scoring, normalization, categorization, software, documentation, interfaces, and work product. Underlying factual information may be subject to public, third-party, or individual rights; nothing in the Agreement claims ownership beyond rights lawfully held by Cashyew.
  • (b) Customer receives only the limited license expressly granted by the Agreement. No ownership interest is transferred by delivery of Data, payment of fees, disclosure of documentation, or access to the Services.
  • (c) Customer owns Customer Content. Customer grants Cashyew a nonexclusive, worldwide, royalty-free license during the Term to host, copy, process, transmit, and display Customer Content solely as reasonably necessary to provide, secure, support, and improve the Services and comply with law.
  • (d) If Customer provides suggestions, ideas, or feedback concerning the Data or Services, Cashyew may use that feedback without restriction or payment, provided Cashyew does not publicly identify Customer as the source without permission.
12
  • (a) Certain Services may allow Customer to store or access Customer Content for internal use. Customer represents that it has all rights and permissions necessary for Cashyew to process Customer Content and for Customer to use it with the Services.
  • (b) Customer will not upload or use Customer Content that infringes third-party rights, violates law, contains malicious code, facilitates illegal activity, or creates a material security risk. Cashyew may remove, quarantine, or disable access to content reasonably believed to violate this subsection, but Cashyew has no general obligation to monitor Customer Content.
  • (c) File-management features are provided for convenience and are not a backup or disaster-recovery service. Customer is responsible for maintaining independent backup copies. Customer Content may be deleted after termination, subject to Cashyew’s ordinary retention cycle and legal obligations.
13
  • (a) “Confidential Information” means nonpublic information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential, including pricing, security information, business plans, customer lists, credentials, technical materials, and nonpublic Data. Confidential Information does not include information the receiving party can document: (i) is publicly available through no breach; (ii) was lawfully known without restriction before disclosure; (iii) is received lawfully from a third party without confidentiality duty; or (iv) is independently developed without use of the disclosing party’s Confidential Information.
  • (b) The receiving party will use Confidential Information only to perform or exercise rights under the Agreement, protect it with at least reasonable care, and disclose it only to personnel and professional advisers who need to know and are bound by confidentiality obligations. If disclosure is legally required, the receiving party will provide prompt notice when legally permitted and reasonable assistance in seeking protective treatment.
14
  • (a) Customer will pay all fees, usage charges, overages, and other amounts stated in the Order Form or applicable pricing in effect when the charge is incurred. Except for the express remedy in Section 8 or as required by law, fees are nonrefundable and payment obligations are not cancelable for periods already begun or Data already delivered.
  • (b) Customer authorizes Cashyew and its payment processor to charge the payment method supplied by Customer for amounts due, including recurring subscription charges and usage-based charges. Failure of an automated charge does not eliminate Customer’s payment obligation. Customer will update billing information within thirty (30) days after any change.
  • (c) Past-due amounts accrue interest at one and one-half percent (1.5%) per month or the maximum lawful rate, whichever is lower, from the due date until paid. Customer will reimburse reasonable collection costs, including attorneys’ fees, incurred to collect undisputed past-due amounts.
  • (d) Fees exclude sales, use, excise, value-added, and similar transaction taxes. Customer is responsible for applicable taxes other than taxes based on Cashyew’s net income. If Customer claims an exemption, Customer will provide a valid exemption certificate before the charge is invoiced.
15
  • (a) Unless the Order Form states otherwise, a subscription begins on the order date for an initial one-month term and automatically renews for successive one-month terms until terminated. Customer authorizes recurring charges at the agreed interval during the subscription.
  • (b) Either party may terminate a month-to-month subscription by providing at least thirty (30) days’ written notice. Termination becomes effective at the end of the notice period, and Customer remains responsible for charges incurred through the effective termination date. Cashyew will not charge for a renewal period that begins after the effective termination date.
  • (c) Cashyew may change subscription pricing or material plan limits by providing at least thirty (30) days’ notice before the change takes effect. Continued use after the effective date constitutes acceptance, unless Customer terminates before that date.
  • (d) Cancellation must be submitted through the cancellation method identified in the account, Order Form, invoice, or Cashyew website. Where Applicable Law requires online cancellation because Customer accepted online, Cashyew will provide an online cancellation method. A failed payment, unused account, reduced usage, or oral request does not by itself cancel a subscription.
  • (e) Unused credits, downloads, records, or service capacity expire as stated in the Order Form or plan description and have no cash value unless Applicable Law requires otherwise.
16
  • (a) Customer will notify Cashyew in writing of a billing dispute within thirty (30) days after the applicable charge or invoice and will provide reasonable supporting detail. Before initiating a payment-card chargeback, Customer agrees to give Cashyew written notice and at least ten (10) business days to investigate and attempt resolution, except where prohibited by law or payment-network rules.
  • (b) A chargeback does not cancel the underlying payment obligation. If a chargeback is denied, reversed, or determined to be invalid, Customer will pay the outstanding amount and Cashyew’s reasonable administrative costs attributable to the chargeback, not to exceed one hundred dollars ($100), to the extent permitted by law. Nothing in this Section waives nonwaivable consumer or payment-network rights.
17
  • (a) The Services may be temporarily unavailable because of maintenance, telecommunications failures, third-party systems, security events, upgrades, or circumstances beyond Cashyew’s reasonable control. Cashyew will use commercially reasonable efforts to maintain availability but does not guarantee uninterrupted or error-free operation.
  • (b) Temporary interruptions do not suspend payment obligations or create refund rights, except as expressly stated in an Order Form. Cashyew may modify nonmaterial features, delivery methods, interfaces, or technical requirements as reasonably necessary to improve, secure, or maintain the Services.
18
  • (a) Cashyew may immediately suspend access, delivery, or processing if Cashyew reasonably and in good faith believes that Customer: (i) has not paid an amount when due; (ii) is reselling, disclosing, or misusing Data; (iii) is violating law or third-party rights; (iv) presents a security threat; (v) supplied false account information; or (vi) is creating material legal, operational, or reputational risk. Cashyew will provide notice when reasonably practicable.
  • (b) For a material breach not requiring immediate suspension, the nonbreaching party may terminate the Agreement if the breaching party fails to cure within ten (10) days after written notice. No cure period is required for fraud, willful unlawful conduct, unauthorized resale or disclosure, repeated breach, or a breach that cannot reasonably be cured.
  • (c) Upon termination or expiration: (i) Customer will stop accessing the Services; (ii) all accrued amounts become due; (iii) each party will return or securely destroy the other party’s Confidential Information upon request, subject to routine backups and legal retention; and (iv) Customer will delete Data when required by the Order Form, Cashyew’s written demand following Customer’s breach, or Applicable Law. Termination does not affect rights or liabilities accrued before termination.
  • (d) Sections that by their nature should survive will survive, including use restrictions, ownership, confidentiality, payment, warranty disclaimers, liability limitations, indemnification, dispute provisions, and general terms.
19
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DATA, SERVICES, CASHYEW TECHNOLOGY, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT FOR THE EXPRESS REMEDY IN SECTION 8, CASHYEW DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND RESULTS. CASHYEW DOES NOT WARRANT THAT THE DATA OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, SUITABLE FOR CUSTOMER’S PARTICULAR CAMPAIGN, OR COMPLIANT WITH LAW WHEN USED IN A PARTICULAR MANNER. CUSTOMER IS RESPONSIBLE FOR ITS OWN LEGAL REVIEW, CAMPAIGN DESIGN, AND USE DECISIONS.
20
  • (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASHYEW AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE GOODS OR SERVICES; OR CLAIMS ARISING FROM CUSTOMER’S MARKETING ACTIVITIES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
  • (b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CASHYEW AND THE PERSONS LISTED ABOVE ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO CASHYEW UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. THE LIMIT APPLIES IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS, THEORIES, OR EVENTS.
  • (c) The exclusions and limitations apply whether a claim sounds in contract, tort, strict liability, statute, indemnity, or otherwise and are a fundamental basis of the parties’ bargain. They do not apply to liability that cannot lawfully be excluded or limited.
21
  • (a) Customer will defend, indemnify, and hold harmless Cashyew and its owners, officers, directors, employees, contractors, agents, affiliates, and suppliers from and against third-party claims, demands, investigations, proceedings, judgments, settlements, penalties, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to: (i) Customer’s or an Authorized User’s use of the Data or Services; (ii) calls, texts, emails, advertisements, offers, or other marketing conducted by or for Customer; (iii) Customer Content; (iv) an actual or alleged violation of Applicable Law, consent requirements, opt-out obligations, or third-party rights; (v) unauthorized access, disclosure, resale, or transfer of Data; or (vi) Customer’s breach of the Agreement.
  • (b) Cashyew will provide reasonably prompt notice of an indemnified claim, subject to Customer not being relieved except to the extent materially prejudiced by delay. Customer may control the defense with counsel reasonably acceptable to Cashyew. Cashyew may participate with its own counsel at its own expense. Customer may not settle a claim without Cashyew’s written consent if the settlement admits wrongdoing by Cashyew, imposes nonmonetary obligations on Cashyew, fails to provide a complete release, or requires Cashyew to pay any amount.
22
  • (a) The Agreement is governed by Colorado law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
  • (b) Any action or proceeding arising out of or relating to the Agreement must be brought exclusively in the state courts located in El Paso County, Colorado, or the United States District Court for the District of Colorado. Each party irrevocably submits to those courts and waives objections based on personal jurisdiction, venue, or inconvenient forum.
  • (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT.
  • (d) The prevailing party in an action to enforce the Agreement is entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief awarded.
23
  • (a) Notices. Legal notices must be in writing and delivered by personal delivery, nationally recognized overnight courier, certified U.S. mail with return receipt, or email with confirmation of transmission, to the contact information stated in the applicable Order Form or most recent written update. Notices are effective upon receipt. Routine operational, billing, and support communications may be delivered electronically through the account or email.
  • (b) Assignment. Customer may not assign or transfer the Agreement, whether by operation of law, merger, change of control, or otherwise, without Cashyew’s prior written consent. Cashyew may assign the Agreement to an affiliate or in connection with a merger, reorganization, financing, sale of equity, or sale of all or substantially all assets relating to the Agreement. An unauthorized assignment is void.
  • (c) Independent Contractors. The parties are independent contractors. The Agreement does not create an agency, employment, fiduciary, franchise, partnership, or joint-venture relationship. Neither party may bind the other.
  • (d) Force Majeure. Neither party is liable for delay or failure, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, epidemic, governmental action, utility or internet failure, cyberattack by a third party, or failure of a critical supplier, provided the affected party uses reasonable efforts to mitigate the effect.
  • (e) No Third-Party Beneficiaries. The Agreement benefits only the parties and permitted successors and assigns. No other person has enforcement rights, except Cashyew’s indemnified persons may enforce Sections 19 and 20.
  • (f) Entire Agreement; Order of Precedence. The Agreement is the entire agreement concerning its subject matter and supersedes prior or contemporaneous proposals, discussions, representations, and agreements. If documents conflict, the following order controls: (i) a signed amendment expressly identifying the provision amended; (ii) the applicable Order Form; (iii) a signed data processing addendum for privacy matters within its scope; and (iv) these Terms.
  • (g) Amendment; Waiver. Except for pricing and service changes permitted by the Agreement, an amendment must be in a writing signed by authorized representatives of both parties. A waiver must be written and applies only to the specific instance stated. Delay or failure to enforce is not a waiver.
  • (h) Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and modified as necessary to reflect the parties’ intent; the remaining provisions remain effective.
  • (i) Electronic Signatures; Counterparts. The Agreement may be accepted electronically and executed in counterparts, each of which is deemed an original and together constitute one instrument. Electronic copies and signatures have the same effect as originals.
  • (j) Headings; Interpretation. Headings are for convenience only. “Including” means “including without limitation.” The Agreement will be interpreted fairly and not against either party as drafter. The singular includes the plural and vice versa where context requires.
24
By accepting an Order Form or using the Data or Services, Customer acknowledges that it has read, understands, and agrees to be bound by the Agreement, including the marketing-compliance obligations, Data-is-not-consent provision, warranty disclaimer, liability limitation, indemnification obligation, Colorado venue provision, and jury-trial waiver.
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For more information, please see our Privacy Policy.