Refer-a-Friend Terms and Conditions

REFER-A-FRIEND PROGRAM ~ TERMS & CONDITIONS

Xpress Cash Management, LLC (XCM) and all subsidiaries of Xpress Cash Management, LLC (“we”, “XCM” or “Company”) may, from time to time, offer users of our service (“Service”) the opportunity to refer friends to try the Service (“XCM Refer-a-Friend program” or “Program”). We reserve the right to terminate the Program at any time for any reason. Program is subject to change without notice.

Users (defined below) are bound by these Terms and Conditions by participating in the Program, and agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time, these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

Users must be 18 Years of age or older to participate in the Program. No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

1. PRIVACY

Individuals may participate in the Program to recommend services or content made available by XCM to their friends, family, or colleagues (“Users”). To do this, Users must necessarily submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed, and used in accordance with Company’s Privacy Statement, which can be found at:

http://www.xpresscashnow.com/wp-content/uploads/2017/12/PrivacyNotice_Fed-Model.PDF-print.pdf

In addition, personal information may be used by Company to contact Users with regard to their participation in the Program and to receive communications from Company. Where a User provides personal information about its friends, family members, or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to apply for a loan.

2. HOW THE PROGRAM WORKS

Program Participation, Generally

To participate, visit www.xpresscash.com, click the “Refer a Friend” banner, and follow on-screen instructions to refer friends, family members, or colleagues to the Service by entering their information as instructed. Users may be awarded up to a maximum of $540 ($30 per qualified referral for up to 18 Qualified Referrals) during a calendar year under the Program’s Terms and Conditions. Users who refer are called “Referrers”, Individuals who receive a referral are called “Referred Customers”. An “eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral”.

Eligible Referrer Terms of Use

To be “eligible” a Referrer must:

  • Be a legal resident of one of the following states:Idaho, Michigan, Oregon, or Wisconsin
  • Be at least 18 years old.
  • Referrer cannot be the spouse of, or reside at the same address as the Referred Customer.
  • If you are an existing customer, your account must be in good standing to receive a rebate check. If youraccount is in a delinquent status, we reserve the right to apply any referral rewards earned against the outstanding delinquent balance due on your account.Current or Former employees of the Company, it’s Service Provider, or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible to participate in this program.

    Making a Referral

An individual wanting to participate in the program must register to make referrals. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with XCM or participate in the Program using multiple or fake email addresses or identities.

Qualified Referral Conditions

A Qualified Referral means that all the following conditions are met:

  • The Referred Customer completed the application and registration process using the same email address at whichthey received their original referral email from the Referrer.
  • The Referred Customer was not previously registered with the Service under any email address or alias;
  • The Referred Customer cannot be an existing customer or inactive customer of the company or any affiliates.
  • The Referred Customer is;1) A legal resident of one of the following states: Idaho, Michigan, Oregon, or Wisconsin.2) At least 18 years old.
  • The Referred Customer gets a loan of at least $250 with XCM and loan is not rescinded.
  • The Referred Customers gets a loan that originates within 60 days of the referral.
  • Only ONE individual may be eligible to receive a reward as a Referrer for each transaction.
  • Only one Qualified Referral can be earned for each Referred Customer during the operation of the Program. Anyadditional or subsequent loans completed by a Referred Customer will not be Qualified Referrals.
  • Referred Customers cannot be the spouse of or reside at the same address as the Referrer.Credit for Qualified ReferralsReferral Rewards will only be awarded for Qualified Referrals. If the referrer is an existing customer, their account must be in good standing to receive a referral reward check. If the referrer’s account is in a delinquent status, all referral rewards earned will be applied against the outstanding delinquent balance due on the referrer’s account.

    Earning Rewards

    Referrer shall receive one (1) Reward valued at $30 for each verified Qualified Referral generated by Referrer. Reward checks will be mailed to the Referrer once Referral Qualification has been verified. Restrictions may apply. Issuance of the reward may take 6-12 weeks to arrive after the verification of the Qualified Referral has been completed.

    Verification of Qualified Referrals

    Referral Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. They may also refuse to verify and process any transaction the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

    All of the Company’s decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is verified.

    3. CONTENT OWNERSHIP AND USE.

    The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.

    License to You

    The Company authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

    Trademarks

    The registered or unregistered logos, product and service names are or may be trademarks of the Company or its licensors (the “Marks”). Without the Company’s prior written permission, and except as solely enabled by any link as provided by the Company, you agree not to display or use in any manner the Marks.

4. LIABILITY

By participating in the Program, Users agree to:

  1. Be bound by these Terms and Conditions, the decisions of the Company and their designees (including theService Provider), and the Privacy Policy of the Company;
  2. Defend, indemnify, release and hold harmless the Company, its Service Provider and its or their respective parentcompanies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
  3. Be contacted by the Customer via e-mail.

Company shall not be liable for:

  1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligibleentries, communications or affidavits, regardless of the method of transmission;
  2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lostconnections, disconnections, delays or transmission errors;
  3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  4. Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or fromparticipation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
  5. Any printing, typographical, administrative or technological errors in any websites or materials associated with theProgram; or
  6. Claims, demands, and damages in disputes among Users of the Program.
  7. Any applicable taxes arising from rewards payments received under the program.

The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.

The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Disclaimer of Warranties

USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Limitation of Liability and Indemnification

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Users should use the Program at their own risk.

5. PUBLICITY

Participation in the Program or acceptance of a Reward constitutes permission to the Program Entities to use any User’s first and last name, company name, XCM profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

6. CONDUCT

If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.

Prohibited Conduct, Generally

Users agree not to use the Program to:
• Violate applicable law;
• Infringe the intellectual property rights of the Company, its Service Provider or any third parties;
• Harass or harm another individual;
• Collect or store personal data about other Users;
• Impersonate any person or otherwise misrepresent User’s identity;
• Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or

disobey any requirements, procedures, policies, or regulations of such networks;
• Interfere with another User’s use of the Program;
• Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected

to the Program;
• Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; • Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the

rights of others;
• Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others

By submitting the email addresses, the Referrer represents that he/she has their prior consent. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a no tolerance spam policy.

The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company. Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

7. SUGGESTIONS AND SUBMISSIONS.

The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they:

1) Shall own, exclusively, all now known or later discovered rights to the creative ideas;
2) Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any

creative ideas; and
3) Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise,

without compensation to you or any other person.

8. APPLICABLE LAW; ARBITRATION; CLASS WAIVER; AND WAIVER OF JURY TRIAL.

Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under Wisconsin law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Marathon County, Wisconsin.

Participants and the Program Entities agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Marathon County in the state of Wisconsin. Participants covenant not to sue the Program Entities in any other forum.

Participants also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants’ use of the Service or this Agreement:

  • PARTICIPANTS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
  • PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEYGENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.10. GENERAL TERMS

    These Terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.