SAWA Terms & Conditions
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Sawa Credit Inc. ("Company", “we”, “us”, or
“our”), concerning your access to and use of the https://www.sawa.money website as well
as any other media form, media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”). We are registered in
California, United States and have our registered office at 66 Franklin Street, suite
300, Oakland, CA 94607. You agree that by accessing the Site, you have read, understood,
and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any time and for
any reason. We will alert you about any changes by updating the “Last updated” date of
these Terms of Use, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time you use our Site so
that you understand which Terms apply. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
Gramm-Leach-Bliley Act Truth in Lending Act Electronic Funds Transfer Act UDAAP Law
The Site is intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various other intellectual property rights
and unfair competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site “AS IS” for
your information and personal use only. Except as expressly provided in these Terms of
Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access
and use the Site and to download or print a copy of any portion of the Content to which you
have properly gained access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor
in the jurisdiction in which you reside; (5) you will not access the Site through automated or
non-human means, whether through a bot, script or otherwise; (6) you will not use the Site
for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current or future use
of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise objectionable.
5. FEES AND PAYMENT
We accept the following forms of payment:
- ACH
- Bank transfer
- Check
- Debit card
You may be required to purchase or pay a fee to access some of our services. You agree to
provide current, complete, and accurate purchase and account information for all purchases
made via the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. We bill you through an online
billing account for purchases made via the Site. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments
shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you
authorize us to charge your chosen payment provider for any such amounts upon making
your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already
requested or received payment. We also reserve the right to refuse any order placed
through the Site.
If you register to create an account to receive payments via our application, you expressly
authorize Sawa Credit Inc.’s service provider, Dwolla, Inc. to originate credit transfers to
your financial institution account. You must be at least 13 years old and obtain parental
permission if under 18 to receive funds. You authorize us to collect and share with Dwolla
your personal information including full name, email address and financial information, and
you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy
is available here.
Authorization for Automatic Payments.
Definitions. As used in this Optional Authorization for Automatic Payments (this
"Authorization") the words "You" and "Your" means the person who has signed the
Authorization. The words "we," "us," and “Our” means SAWA Credit Inc., our successors,
affiliates, or assignees. “Card” means the SAWA Credit Builder Card issued by us to you.
“Deposit Account” means the deposit account provided to you.
Background. We have extended you a Credit Account pursuant to the Credit Account
Agreement. That transaction is governed by the terms of your Smartcard Agreement, which
includes your Credit Account Agreement. This Authorization is optional and is not a
condition to us entering into the Smartcard Agreement and extending you credit but has
been preselected in order to facilitate the functioning of SAWA Credit Inc.’s Savings Wheel
and Credit Builder Card products to ensure that late payments are not reported on your
account.
Authorization for Automatic Payments. You hereby authorize us to initiate a debit
against your Deposit Account in the full amount of the Credit Account Balance (as
described in your Credit Account Agreement) at the same time we make your monthly
periodic statement available to you on the Platform.
Revocation. You understand and acknowledge that you may revoke this Authorization by
notifying us at Customer Service using the contact information set forth in the Terms &
Conditions in such time as to afford us a reasonable opportunity to act on it. If you revoke
this Authorization, you promise to timely pay us using an alternative payment option that is
made available to you in these Terms & Conditions.
Erroneous Amounts. If the amount of any such debit is more than an amount authorized
in your Credit Account Agreement and is paid from your Deposit Account, you authorize us
to initiate a credit to your Deposit Account in the amount by which the payment exceeded
the authorized amount.
Range of Varying Amounts. The amount of each debit will be equal to an amount
between $0 and the Credit Account Balance on your monthly periodic statement at the end
of each billing cycle. The amount of your Credit Account Balance is available on the
Platform at any given time and will be provided on your monthly periodic statement. For any
electronic debit outside of this specified range, we will send you a notice. By agreeing to
the terms of this Authorization you choose to only receive notice when an electronic debit
amount falls outside the range specified.
Full Force and Effect. This Authorization will remain in full force and effect until we
have received notification from you of its termination in such time and in such manner
as to afford us a reasonable opportunity to act on it.
Insufficient Funds. If the amount of funds in your Deposit Account is insufficient to pay off
your Credit Account Balance for any reason, we may attempt additional debits to your
Deposit Account to satisfy the Credit Account Balance until your Credit Account Balance is
paid in full.
Optional Debit Authorization. PLEASE NOTE THAT THIS AUTHORIZATION IS NOT A
REQUIREMENT TO ENTER INTO A SMARTCARD AGREEMENT WITH US. THIS AUTHORIZATION
IS FOR YOUR CONVENIENCE IN PAYING THE CREDIT ACCOUNT BALANCE EACH MONTH. YOU
SHOULD RETAIN A COPY OF THIS AUTHORIZATION FOR YOUR FILES.
6. CANCELLATION
All purchases are non-refundable. You can cancel your subscription at any time by
contacting us using the contact information provided below. Your cancellation will take
effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at support@sawa.money or call us
at 1-510-342- 9585.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from
us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another
person. Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in
unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code. Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way making up a
part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services. Sell or otherwise transfer your
profile.
8. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be viewable by other users
of the Site and through third-party websites. As such, any Contributions you transmit may
be treated as non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the Site
to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result
in, among other things, termination or suspension of your rights to use the Site.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such Contributions, and grant
and authorize sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to monitor your
Contributions.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site ("Submissions") provided by you to us are non-
confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or
that you have the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any proprietary right
in your Submissions.
11. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Site or any Third-Party Content posted
on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website
to which you navigate from the Site or relating to any applications you use or install from the
Site. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
12. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”)
2.101. If our services are acquired by or on behalf of any agency not within the Department
of Defense (“DOD”), our services are subject to the terms of these Terms of Use in
accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If
our services are acquired by or on behalf of any agency within the Department of Defense,
our services are subject to the terms of these Terms of Use in accordance with Defense
Federal Acquisition Regulation (“DFARS”) 227.7202 3. In addition, DFARS 252.227 7015
applies to technical data acquired by the DOD. This U.S. Government Rights clause is in
lieu of, and
supersedes, any other FAR, DFARS, or other clause or provision that addresses
government rights in computer software or technical data under these Terms of Use.
13. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the Site in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Site.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the
Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of
Use. Please be advised the Site is hosted in the United States. If you access the Site from
any other region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the United States, then
through your continued use of the Site, you are transferring your data
to the United States, and you agree to have your data transferred to and processed in the
United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a “Notification”). A copy
of your Notification will be sent to the person who posted or stored the material addressed
in the Notification. Please be advised that pursuant to applicable law you may be held liable
for damages if you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Site infringes your copyright, you should
consider first contacting an attorney.
16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance
with the laws of the State of Delaware applicable to agreements made and to be entirely
performed within the State
of Delaware, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you
or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly provided below) informally for at
least forty five (45) days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules
of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. The arbitration may be conducted in person, through
the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or applicable law,
the arbitration will take place in Alameda, California. Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Alameda, California,
and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the International Sale
of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more
than one (1) years after the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
21. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of
the Site; (3) breach of these Terms of Use; (4) any breach of your representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt harmful act toward
any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts
to notify you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we
perform regular routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site. You agree that
we shall have no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of non-
electronic records, or to payments or the granting of credits by any means other than
electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-
1254.
27. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use and does
not affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that these Terms of Use will not
be construed against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
Lending, Repayment, Data Sharing with Academics, and Taxes. As a participant (a
"Community Member") in the Sawa Community Program, you may be offered an
opportunity to loan funds to a community pool (the "Community Pool") that can be loaned to
Community Members facing a financial challenge. You may earn Community Reward Points
in exchange for making a loan to the Community Pool. As a Community Member, if you are
facing a financial hardship, you may request a loan of funds from the Community Pool. You
are expected to repay such a loan within three months or sooner. Sawa Credit will
determine your eligibility for the loan based on criteria that will be specified in the loan
application form. Community Members may only have one loan from the Community Pool
outstanding at any time. Each loan from the Community Pool may not exceed $500. In the
event that a Community Member does not repay a loan from the Community Pool,
Community Members who contributed to such pool may lose some or all of the funds they
loaned to the Community Pool. Community Members who fail to timely repay a loan from
the Community Pool may lose Community Reward Points. Data Sharing with Academic
Collaborators. Anonymized data about Community Members will be shared with academic
researchers during and after participation by such Community Members in the Sawa
Community Program. Taxes. You are responsible for independently assesses and
complying with all relevant tax and legal requirements. We do not and will not provide you
with tax or legal advice. In the event that, during any single calendar year, a payment of
$600 or more is made to you, we may require you to provide us with a completed IRS form
W-9 and we may thereafter issue a Form 1099 for that calendar year. We may utilize a
third-party service provider to perform this function. If we require a completed form W-9
from you and you fail to provide one, we reserve the right to void any payment.
28. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding
use of the Site, please contact us at:
Sawa Credit Inc.
66 Franklin Street, suite 300
Oakland, CA 94607
United States
Phone: (+1)510-342-9585
support@sawa.money