KushCash : Terms and Conditions

Terms and Conditions | Privacy Policy | Acceptable Use Policy

User Agreement

1. You agree that upon registering for a KushCash account, that you are entering into a legally binding contract as outlined by this entire user agreement.

2. Disclaimer of Warranties and Limitation of Liability - KUSHCASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE SERVICE; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KUSHCASH DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. KUSHCASH SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY PAYMENTS OR CONTRACTS, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN KUSHCASH AND THE END USER. KushCash shall have no obligation to provide the Service, and shall have no liability to the End User in the event KushCash is unable, as may be determined in the sole discretion of KushCash: to make payment and or changes in methods of payment or operation that can make our service unsuitable for the end user.

3. Effectiveness of Agreement - The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product or service (the "End User Agreement"), and the use of our Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.

4. Indemnification - You agree to indemnify and hold KushCash, its affiliates, officers, directors, share holders, and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.

5. General - Any and all claims or disputes relating to the Service shall be governed by the laws of the State of California, USA. For the purpose of resolving conflicts relating to the Service, KushCash and the End User agrees that venue shall be in the State of California, USA only, and, in addition, the End User hereby consents to the jurisdiction of the courts in the State of California, USA. KushCash may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of, the End User.

KushCash will terminate any account that is determined by KushCash in its sole and absolute discretion to being involved in any fraudulent or malicious activity including, but not limited to, impersonating a KushCash representative or attempting to gain other KushCash users passwords. Any decision made by KushCash, its offices, agents or representatives will be final, and KushCash shall have no liability of any such decision.

6. The Legal Relationship between You and KushCash Agency Relationship. KushCash acts as a reseller to help you sell or purchase products or services to/from third parties. We act as your seller/reseller based upon your direction and your requests to use KushCash’s services that require us to perform tasks on your behalf. You acknowledge that KushCash is not a bank or other chartered depository institution. Funds held by KushCash or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by the Federal Deposit Insurance Corporation or any other governmental agency. Those using the KushCash service to sell their product or service are referred to as "Suppliers". Those using the KushCash service to purchase are referred to as "Purchaser".

6.1. LIMITATIONS ON TRANSACTIONS. Supplier understands and agrees that the KushCash reserves the right to impose limits on sales of products or services and to refuse to process transactions to specific Buyers for any reason, in its sole discretion. Supplier understands and agrees that KushCash may: (1) limit or restrict sales to a minimum or maximum product/service price; (2) impose limits on the amount or number of purchases which may be charged to an individual credit card account during any time period; (3) request additional validation information from Buyers, such as signed contracts and/or receipts; or (4) refuse to accept orders from Buyers with a prior history of questionable charges. Supplier agrees that KushCash may impose Transaction Limits or Reserve Amounts on Supplier accounts that are more restrictive than those placed upon other Supplier accounts, either temporarily or permanently, at KushCash’s sole discretion. Supplier understands and agrees that it will not hold KushCash liable for any losses, expenses, or damages it sustains, including claims for lost profits, on account of KushCash's imposition of Transaction Limits or Reserve Amounts for any reason. .

6.2. Interest/Earnings. You agree that you will not receive interest or other earnings on outstanding invoices payable by KushCash. KushCash will not pay invoices to suppliers if KushCash , at its sole discretion, has any reasonable doubt as to whether the product or service was drop shipped by the supplier, or if any reasonable doubt as to whether the product or service received was as advertised by the supplier.

6.3. Purchase. By initiating purchase through the Service or adding funds to your purchase account, you appoint KushCash as your agent to obtain the funds on your behalf and to complete the purchase that you designate or deposit to a Pooled Account, subject to the terms and restrictions of this Agreement. KushCash will obtain the funds first by debiting your funds in the Pooled Accounts if any. If this is not sufficient to fund your payment fully, KushCash will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card, whichever is chosen as default in your user preferences area. When you initiate a purchase, until that payment is accepted by KushCash for the purpose of a purchase (which may occur instantly), you remain the owner of those funds and KushCash holds those funds as your agent, but you will not be able to withdraw those funds or use the funds for another purchase unless the initial transaction is canceled.

6.4. Suppliers. By selling your products or services through the service, you become a SUPPLIER to KushCash. KushCash becomes an authorized reseller of your product or service and collects funds from purchasers intending to purchase your product or service. KushCash then instantly purchases your product or service to which you agree to drop ship either by electronic means, or postal shipping. KushCash will make payment for product directly into your KushCash account, which will act as your invoice, until you further instruct KushCash with respect to payment of your invoice. Through the KushCash website, you may provide instructions for payment of your invoice to you the supplier. All invoice payments will be at KushCash’s sole discretion as to whether or not product or service has been delivered to the purchaser, subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you by KushCash but you have not registered for the Service, KushCash will not become your reseller, and you will not become a supplier until you have successfully registered. You will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the KushCash user agreement.

6.5. KushCash is only a Reseller. KushCash acts as a reseller service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. KushCash does not guarantee in any way the product or services advertised by our suppliers. You hereby agree to thoroughly investigate any product or services advertised by our suppliers and further agree that all sales are final. The only exceptions are refunds at the suppliers’ sole discretion.

6.6. Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize KushCash, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, KushCash cannot and does not guarantee any user's identity.

6.7. Release. In the event that you have a dispute with one or more users, you release KushCash (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

6.8. No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KushCash shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

6.9. Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

6.10. Liability. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

6.11. Indemnification. You agree to indemnify and hold KushCash, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

6.12. Eligibility. In order to use the Service, you must register for an account. Users may only hold one account unless specific permission is granted otherwise by KushCash. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk. KushCash reserves the right to deny ay registration that we feel may be considered a risk.

6.13. Processing Limits. KushCash is required to obtain proof of identification and specific product details for any account processing an excess of $500.00 USD in any 30 day period.

6.14. Cell phones and passwords. You shall be responsible for maintaining the confidentiality of your cell phone number, pin code and password in regards to your KushCash account. You are responsible for all usage and activity on your account, whether authorized by you or not.

6.15. By registering. Registrant agrees to accept and abide by the rules of KushCash, agrees that any dispute in regard to the management of the application, terms and condition interpretation shall be submitted to KushCash, whose decision shall be binding and final. In the event that KushCash is prevented from continuing with the application/system, or the integrity and/or feasibility of the application/system is undermined by any event including, but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within KushCash’s control (each a "Force Majeure" event or occurrence), KushCash shall have the right, in its discretion, to abbreviate, modify, suspend, cancel or terminate the application/system without further obligation.

7. Closing accounts and limiting account access: KushCash reserves the right to limit access to purchasing or making withdrawals from an account for any one of the events listed below. In the event your account access is restricted, all funds within the account will be held for a period of 180 days to cover against any chargeback your account may incur. After 180 days of account restriction, you may contact KushCash to request the balance of any remaining funds held within your KushCash account. See reasons below:

Reports of unauthorized or unusual bank account use associated with the account.
Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorized or your account compromised, and is done in order to protect you from further unauthorized use of your card.
Abuse by a buyer of the reversal process provided by the buyer's issuing bank.
Complaints received regarding non-shipment of merchandise, non-delivery of services, merchandise not as described, or problems with merchandise shipped.
Receipt of potentially fraudulent funds.
Refusal to cooperate in an investigation or provide confirmation of identity when requested.
Initiation by a buyer of a reversal process through the buyer's issuing bank without first pursuing the vendor or KushCash to satisfy the situation.
Opening multiple KushCash accounts.
The account has been used in or to facilitate fraudulent activity.
Name on the bank account does not match the name on the KushCash account or does not relate to the name on the KushCash account.
Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number.
Receipt by KushCash of excessive complaints regarding your account, business or service.
Use of an anonymizing proxy.
Logging in from any country on KushCash’s non-approved country list.
Initiation of transactions considered to be cash advances or assisting in cash advances.
Sending unsolicited email or posting referral links on websites where they are not permitted.
Any violations of this user agreement.

8. Non-Approved Countries: KushCash restricts access to certain countries due to either listings by US govt. trade policies, or the country has a higher than normal fraud ratio. These restrictions are in place to safeguard KushCash as well as our valued members from chargeback and/or fraud. KushCash reserves the right to update the non-approved countries list without prior notice. The following countries are prohibited from using the KushCash services:

Cuba, Nigeria, Iran, Iraq, Libya, Afghanistan, North Korea, Syria, Turkey and Indonesia.

9. Hacking: If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution.

10. Chargeback: If you receive a payment into your account which resulted from a fraudulent or chargeback transaction from the sender, the funds will be reversed from your account. Chargeback occur most commonly when a user funds by check or credit card and either does not have the funds in their checking account to cover the transaction or is using stolen financial information. Chargeback cost us all money, and KushCash will prosecute any fraud to the fullest extent of the law.

If you receive funds through a KushCash transaction funded with the sender's credit card or bank account, in the event the credit card, check, e-check, or ACH transaction is charged back, you agree to hold KushCash harmless for the reversal amount and to reimburse KushCash from either your KushCash account or by other means.

10.1. Chargeback Settlement Fee. To cover the cost of processing chargeback, KushCash assesses a $35.00 USD fee to recipients of credit card, check, e-check, or ACH payment. (A chargeback, or reversal, occurs when a buyer rejects or reverses a charge on his or her credit card, or the check, e-check, or ACH purchase is reversed.) KushCash is only a reseller and when these charges are charged to KushCash, KushCash must in turn charge the account at fault.

KushCash may use funds held in any KushCash account owned by you to recover amounts owed to KushCash due to chargeback or for any other reason which puts your account into a negative balance situation. (A chargeback, or reversal, occurs when a buyer rejects or reverses a charge on his or her credit card or sends NSF, or other funds not received by KushCash check, e- check, or ACH funding) In addition, funds from payments received will first be diverted to make up any negative currency balance regardless of your Payment Receiving Preferences.

11. M-currency exchanges: KushCash does not permit exchanges of KushCash funds into other M-Currencies or vice versa. The reason for this is to protect both the, would be exchanger, or the customer seeking the exchange from fraudulent activity. Often times, those who claim to offer exchanges are only attempting to steal money and not complete the exchange. Some wishing to attempt fraud will send funds from fraudulent credit card or check accounts and once the exchange is completed they are off with your M-Currency before the legitimate card or bank account holder chargeback the funds against you. Please understand that this policy is in place to protect all sides presented. The only exception to the M-Currency exchanges policy is those e-currencies that are exchanged into or out of the KushCash system by KushCash Any user attempting to use an "exchanger", or attempting to act as an "exchanger", will have said account(s), and all other accounts owned by that user, restricted and or closed. Any funds remaining in the accounts will be held by KushCash for a period of 180 days to cover against expected chargeback. After the 180 day wait period the user may contact KushCash for release of any remaining balance held in affected KushCash accounts.

12. Funds Recovery: By using the withdrawal method of sending funds to your US Bank Account, you authorize KushCash to retrieve any funds that were paid to you and then charged back by the purchaser for any reason if the funds cannot be retrieved from the users KushCash account, or collected from the original purchaser. If you received the withdrawal by check, you understand that the deficit amount can be turned over to a collection agency for collections. It should also be noted that reversing the funding method (i.e. chargeback) used to fund your KushCash account is considered fraud and will be prosecuted to the fullest extent allowable by law, as well as your KushCash account will be terminated.

13. Buyer Beware KushCash assumes absolutely no responsibility for any purchases made through the KushCash system. At any time you purchase a product or service KushCash is reselling, all liability is on the vendor who contracted KushCash to resell their product or service, and you understand that these purchases are done at your own risk. We do not issue refunds if the product, service or membership program turns out to not be what you thought it was, or if they don't hold up to their promises. You should thoroughly investigate any third party before making the decision to purchase - if it sounds too good to be true, it usually is. It should also be noted that voiding your credit card transaction you used to make purchases with through your KushCash account will be cause for termination of the KushCash account. You should always contact the third party who contracted our reseller services, to resolve any disputes. KushCash is only the reseller service provider and assumes no responsibilities other than outlined in this user agreement.

14. Advertising: In the event that you advertise with KushCash, we will not accept your advertisement if you do not have KushCash as a payment option on your site. You are also required to present KushCash as a payment option with at least the same status as other payment options you may provide. If you remove the KushCash payment options from your site during advertising period, or are found to be breaching KushCash’s user agreement, KushCash reserves the right to remove the advertisement without refund of advertising fees.

15. “Get Rich Quick" Schemes: Get Rich Quick Schemes are prohibited resell items by KushCash. Get Rich Quick schemes include any type of self-employment, start-up businesses, or investment opportunity where the claims of profit or returns on investment are unrealistic or unsupported. By law, if a business opportunity costs $500.00 USD or more, the promoter is required to support any claims regarding earnings or profits with written documentation.

Pyramids do NOT pay. KushCash and the Federal Trade Commission caution consumers about clubs or programs that promise quick money for recruiting new members. Don't bank on the pyramid promise that someone else will pay you. For more information on get-rich-quick schemes, visit the FTC at www.ftc.gov.

16. Money Laundering Prevention Subsection (1) of 18 U.S.C. §1956 makes it illegal to conduct or attempt to conduct a financial transaction with proceeds known to be from specified unlawful activity with:

intent to promote the carrying on of specified unlawful activity:
intent to evade taxes; or
Knowledge that the transaction is designed to conceal or disguise the nature of the proceeds or to avoid a state or federal transaction reporting requirement.

The law requires us to monitor any unusual or suspicious transactions of any size taking place where we have reasons to believe the money is derived from illegal activity. The law also requires us to keep full records of all transactions of U.S. $10,000 and above, together with copies of all identifying data. Identification may be in the form of a passport, driver's license, credit / debit card, or bank account. We are unable to process any transaction where this information is withheld. We have a legal obligation to report to The U.S. Treasury Dept. any such suspicious transactions. The definition of a suspicious transaction is one that raises "an unconfirmed belief" or any type of suspicion of such activities.

16.1. Right to refuse and investigate transactions - KushCash reserves the right at all times to refuse to process any purchases at any stage, which it believes in its sole discretion, is connected in any manner to money laundering activity or other unlawful purpose. KushCash reserves furthermore the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.

17. Activities not allowable. Your information and your activities, including payments and receipts of payments, through the KushCash service shall not:

Be fraudulent in nature.
Involve the sale of counterfeit or stolen items.
Be misleading, false, or inaccurate.
Infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
Consist of providing yourself a cash advance from your credit card or bank account, or helping others to do so.
Contain child pornography. KushCash does not permit the sale of photographs of children whether they are nude or otherwise. "KushCash will not tolerate ANY type of child exploitation"
You may not use KushCash to send or receive payments for any "adult" or "sexually oriented" materials or services. How does KushCash define "adult" or "sexually oriented" material? "Adult" or "sexually-oriented" material includes, but is not limited to: Any visual representation of human genitals presented in such a manner as to suggest sexual activity;
Any visual representation of any form of sexual intercourse involving humans;
Any materials which require that individuals be eighteen (18) or older (depending on the jurisdiction) to view or purchase those materials;
Any non-textual materials clearly designed to sexually arouse the viewer/reader, including adult phone or audio services;
Any items which, because of their nature or because of the item description, appear to be designed for use in sexual/adult activity;
Escort services
Any items which depict human sexual characteristics in a degrading fashion;
Any item that portrays frontal nudity will normally be treated as "adult" material.
Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
You may not use KushCash to send or receive payments for any form of multi-level marketing programs (including on line payment randomizers), as well as matrix, pyramid and Ponzi schemes, "get rich quick" scheme, or other similar ventures.
Pyramid schemes, including Gifting Clubs and Ponzi schemes, involve the exchange of money in relation to the process of enrolling other people into the scheme. KushCash includes in its definition of "pyramid schemes" any system in which a hierarchy is created by people joining under others who joined previously, and in which those who join make payments to those above them in the hierarchy ("upline"). Pyramid schemes are prohibited as a form of investment fraud by federal laws and by the laws of each of the fifty individual states. KushCash considers online payment randomizers to be a type of pyramid scheme because the majority of commissions are paid for recruitment of new members, and typically operate by random placement within the program.
KushCash prohibits as a "matrix program" any business model that involves the exchange of money primarily for the purpose of being added to a waiting list for a product. In these instances, the individual at the top of the list receives the product only after a set number of people have joined below any other person.
Violate any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising.
Contain any viruses, Trojan horses, worms, time bombs cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.
Be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment.
Create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
KushCash reserves the right to determine at any time if KushCash wishes not to allow any activity which is not listed here.

18. Changes or Updates to KushCash’s User Agreement: KushCash reserves the right to change, modify, or update its User Agreement at any time without prior notice. Anytime any changes, modifications, or updates are made to the User Agreement, KushCash will prompt users upon account log in to review the terms of the User Agreement before proceeding. If at that time you do not wish to agree with the changes, modifications, or updates, you should not proceed and contact KushCash by emailing support@kushcash.com for account closure. By clicking "I agree" and continuing into the account, you are consenting that you agree with the updates or modifications to the user agreement.

19. Liability for Unauthorized Transactions. You can inspect your transaction history at any time by logging in to your account on the KushCash website and clicking on the "History" link. It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money using your account without your permission. Under applicable regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us if someone has gained access to your password, or if a transfer or withdrawal in your History statement is incorrect or unauthorized. Notifying us quickly limits your liability.

20. Confidentiality: We will disclose information to third parties about your account or the transactions you complete with the account only in accordance with our Privacy Policy, including:

In order to process and complete your transactions, including verifying the authenticity of the transaction;
In order to comply with government agency or court orders, including proper requests from law enforcement agencies, or to conduct investigations of fraud or violations of our User Agreement; or if you give us your permission.

20.1 Information Disclosure: You acknowledge and agree that by using KushCash mobile we will retain your telephone number and email address as part of the activation process and we will also disclose this information to other persons to whom you wish to carry out a payment transaction. When you use KushCash mobile to send money to someone else or request money from someone else, we ask you to provide the third party’s phone number. Your telephone number and email address will be used to communicate and confirm transactions and services. You also acknowledge and agree that if you use KushCash mobile to Buy service, we will disclose to certain merchants and their agents and/or contractors your address details to allow the goods and/or services ordered to be sent to you. By using the KushCash mobile service, you acknowledge and agree that the address details which are registered to your KushCash account are accurate and current each time you use the service. We will retain and disclose your personal information in accordance with the terms of our Privacy Policy.

21. What Constitutes a Business Day? KushCash’s business days are Monday through Friday. Saturday, Sunday, and Holidays are not considered business days.

22. Retrieval Requests: There is no charge to retrieve transaction history manually from your KushCash account. As long as the computer you use to access your KushCash account is connected to a functioning printer, you can always print out your transaction history, or the details of a specific transaction, without any additional charge. Upon written request, KushCash will provide copies of documentary evidence of transactions on your KushCash account at a cost of $5.00 per item.

23. KushCash Fees: The following fees apply to all KushCash accounts. KushCash’s fees are also listed in the Fee Schedule, available from the footer of any KushCash page.

a. Sending Money - Once you have deposited funds into your KushCash account it is free to send money to a friends account.

b. Transferring funds from your credit card to your KushCash account - The fee taken from the gross payment sent to your KushCash account is 2.8% plus .30 cents per transaction gateway fee.
c. Transferring funds from your KushCash account to your bank account – The fee is .50 cents per transaction.
d. Receiving Funds – The fee is .50 cents per transaction when receiving funds into your KushCash account.

e. Chargeback - It is your responsibility to insure the integrity of transactions received to your account. Your KushCash account will be charged $35.00 plus the original fees for each chargeback received.
f. Retrieval Requests – The fee of 5.00 per item is charged for KushCash to provide hard copies of transactions.

24. Collections: If your account is turned over to an external collection agency for collection, you agree that you are responsible for the original collection amount, plus any fees charged to KushCash for the purpose of collecting on your account.

25. Inactive Accounts. If your KushCash account is inactive for a period of 180 days, the account is automatically closed for added security of your sensitive information. If your account falls into this inactive status and is closed, you may have the account reactivated by using the "contact us" link found at the bottom of any KushCash .com page. Additionally, accounts that are created and never used (meaning no transaction history) for a period of 180 days will be deleted as a means of additional protection of your private information.

26. License. Solely to enable KushCash to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. KushCash will only use Your Information in accordance with our Privacy Policy.

27. Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to KushCash by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of KushCash and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

28. Feedback.

28.1. Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of -4 (minus four), your membership may be suspended, and you may be unable to list or bid.

28.2. Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by KushCash, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between KushCash users, you agree that you shall not market or export your KushCash feedback rating in any venue other than a KushCash operated website.

28.3. Import. We do not provide you the technical ability to import feedback from other (non-KushCash operated) websites to KushCash because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

29. Breach. Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

30. Privacy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

31. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

32. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

33. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

34. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

Registered members of KushCash.com agree to periodic updates via email.

(Last updated on January 29, 2007)

Ver. 1.0