TERMS AND CONDITIONS

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions (“Terms”) apply to this website, which is owned, operated, licensed, and controlled by Cash Express, LLC (“Cash Express” “Company,” “we,” “our,” or “us”) and any other related sites linked to this website also owned by Cash Express (the “Site”).  These Terms govern your use of the Site and any of the products and services made available via the Site (the “Services).  

Cash Express’s Privacy Notice applies to your use of this Site and the Services, and its terms are expressly incorporated by reference.  By using our Site or using or applying for a Service, you are also agreeing to the terms of our Privacy Notice.  To view our full Privacy Notice, click [here.]  

PLEASE READ THESE TERMS CAREFULLY.  BY ACCESSING, VIEWING AND/OR USING THE CONTENT, MATERIAL OR SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE THE SITE OR SERVICES AND MUST DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

Modifications

We may occasionally make modifications, changes or additions to these Terms.  By continuing to use the Site or Services following the posting of such changes you are accepting any such changes.  You should visit this page occasionally to review any changes to the Terms.

Eligibility

The Services are not available to persons under the age of 18 or to persons who are not legal residents of the United States.  BY USING THE SITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.  

Minors

The Site is not directed at children under the age of thirteen (13).  Cash Express does not knowingly collect personal information from any child under the age of thirteen (13) at the Site.

Services Available

Not all Services are available in all geographic areas.  Your eligibility for particular Services is subject to final determination by Cash Express and/or its affiliates.

Communications with You and Phone Messages. By submitting your information to us on this Site, you give Cash Express permission to call the phone numbers you list or leave a voice message at the phone numbers you list, disclosing the name of the Company, contact information, and the nature of the call.  You authorize Cash Express from time to time to communicate with you via mail and email.  If you do not want to receive email communications, you can unsubscribe by following the opt-out procedures in the email.  Receipt of cellular phone calls (including text messages) may be subject to charges from your service provider.  If you have listed a cell phone in the information you submit to us or you give us an updated cell phone number, then you authorize us to call (including sending SMS text messages) using an automatic telephone dialing system or prerecorded message to your cell phone number to provide account information and services, such as when your transaction is approved, payment reminders and collection efforts. If you do not want to receive robocalls (including SMS text messages) about your transaction you can unsubscribe by following the opt-out procedures in the message.

You may change your contact preferences by contacting us at Cash Express, LLC, 345 S. Jefferson Ave., Suite 300, Cookeville, TN 38501 or calling 931-520-8662.

Intellectual Property

The Site and all intellectual property pertaining to or contained in the Site is protected by United States and international copyright and trademark laws and other applicable intellectual property laws.  The Site, as well as any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Cash Express.  You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use.  You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Cash Express.

Digital Millennium Copyright Act

Cash Express respects the intellectual property rights of others.  All claims of copyright infringement should be brought to our attention by notifying our agent by providing the following information:

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of the foregoing copyright issues should be sent as follows:

By Mail: Cash Express, LLC, 345 S.  Jefferson Ave., Suite 300, Cookeville, TN 38501.

By E-Mail: compliance@cashtn.com

By Facsimile: 888-848-7483

Cash Express will take appropriate action following receipt of the above information including removal of any infringing material if necessary.  

Site Security

You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.  In addition, as a condition of your use of this Site, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Site or Services) is strictly prohibited.  If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  

Third Party Sites / Links

Links to non-Cash Express websites maintained by third parties are provided only as a convenience.  Cash Express has no control over the non-Cash Express websites and is not responsible for the content or privacy policies of those sites.  The inclusion of such links on the Site should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.  Please note that other sites and webpages linked to or from this Site may be governed by separate terms and conditions, including privacy policies.  Please refer to the applicable terms and conditions and privacy policies of those sites and webpages when visiting them.  

 

If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Cash Express makes no warranty or representation regarding any linked websites or the information appearing on any linked website or any of the products or services described thereon.  Cash Express specifically disclaims any and all liability for any damages, including without limitation, any special, indirect, incidental or consequential damages that may arise from information, content, or use of any linked websites.

 

Links do not imply that Cash Express or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Cash Express and any of its affiliates or subsidiaries.  All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

 

DISCLAIMER OF WARRANTY

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED.  THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS,” “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.  WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.  WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING.  YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, NEITHER CASH EXPRESS, NOR ITS MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS THEREOF, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE SERVICES OR CONTENT, ANY LINKED SITE OR YOUR INABILITY TO ACCESS OR USE ANY OF THE FOREGOING, OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Some states prohibit limitation of remedies.  Check your own state law for additional rights.

 

Indemnification

 

By using this Site, you agree to defend, indemnify and hold Cash Express and its affiliates and its and their directors, managers, officers, members, employees, agents, contractors, successors or assigns thereof (the “Indemnified Parties”) harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms or violation of applicable law, your use or access of the Site.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.   You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

 

Cash Express reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

 

Additional Terms

Certain features or Services available through the Site may be subject to additional terms, which will be presented to you at that time.  In the event of a conflict between these Terms and such additional terms, the additional terms will govern solely with respect to such features and Services.  Such additional terms are expressly incorporated into and made part of these Terms.

Law and Venue

This Site is located in the State of Tennessee.  These Terms of Use and the relationship between you and Cash Express shall be governed by the laws of the State of Tennessee without regard to its conflicts of law provisions. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Cookeville and County of Putnam. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such court.

Miscellaneous

Any failure by Cash Express to exercise any rights or enforce any of these Terms shall not constitute a waiver of such rights or terms.  

If any provision of these Terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.  

These Terms constitute the entire agreement between you and Cash Express related to your use of the Site, Services or the Content, and any and all other agreements or understandings previously existing between you and Cash Express with respect to such use are hereby superseded and cancelled.  Cash Express will not accept any counter-offers to these Terms, and all such offers are rejected.

This Site, the Services and its Content are directed to persons residing in the United States.  You may not use or export or re-export any portion of this Site, Services or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.  

The headings in these Terms and Conditions are inserted for convenience and identification only, and are not intended to describe, interpret, define or limit the scope or intent of these Terms and Conditions or any clause hereof.

 

Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to 888-824-8587.

Thank you for visiting the Site.