Terms and Conditions
Agreement between user and Checksmart.
The www.checksmartstores.com website is comprised of various web pages operated by Checksmart Financial Corporation (herein after referred to as “Checksmart”). The www.checksmartstores.com website (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (these “Terms and Conditions”). Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
We may make changes to these Terms and Conditions at any time. Your continued use after changes are made, and any change necessitating notification provided, will signify you agree to such changes. Consequently we advise reviewing the Terms and Conditions, and Privacy and Communication Policies regularly.
CONSENT TO RECEIVE CONSUMER DISCLOSURES BY ELECTRONIC DELIVERY
ELECTRONIC CONSENT. Checksmart is an online operator and by visiting the Site you are agreeing to receipt of consumer notices by electronic delivery, including but not limited to required state and federal consumer notice disclosures, consumer agreements and contracts and consents related to email, calls and text messaging. This also includes similar notifications by electronic delivery by our affiliates. And further includes your submission of information on the Site and/or clicking “ACCEPT YOUR LOAN”, where available. Collectively, the consent as outlined in this paragraph is referred to as your “Electronic Consent.” When providing your Electronic Consent, you are also acknowledging that you have the ability to view, print and/or save the relevant information. To confirm you have the minimum specifications to view, print and/or save click HERE.
Your Electronic Consent is an acknowledgement and agreement to the Electronic Signature Global and National Commerce Act (“E-Sign Act”) and includes any information you provide to us and/or our affiliates, your receipt and signature of contracts, disclosures and like provided in the following formats, which list shall not be exclusive: email, text messaging, secured access to the customer’s section of our Site, and postings on this Site.
YOUR ELECTRONIC CONSENT IS VALID UNTIL REVOKED.
ELECTRONIC AGREEMENTS: You expressly agree that any or all of the various documents you execute and/or disclosures you receive in connection with this Site and conducting business with Checksmart and its affiliates, may be retained in electronic form (“Electronic Agreements”) and that these Electronic Agreements are transferable records in electronic form and may be authenticated, stored, and transmitted by electronic means, and will be valid for all legal purposes, as set forth in the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and the Uniform Commercial Code to the extent applicable. You agree that the Electronic Agreements may be converted to paper at our discretion, in which case the converted paper documents will be considered to be the original documents between us. You also understand that we are only obligated to retain the Electronic Agreements for the statutorily required period of time as it relates to each particular Agreement.
Reminders, Pre-Recorded Calls & Text Messages
On occasion, our customer service representatives, our affiliates and/or an automated telephone dialing system may call you to respond to your inquiry, provide reminder messages about your loan and other important information regarding our or an affiliates’ products and services. Except as otherwise set forth in our Detailed Wireless Policy, in the event of the use of the automatic telephone dialing system, these messages are played automatically when the telephone is answered, whether answered by you or someone else. They may be recorded by your answering machine or voice mail system. In the event that a customer service representative calls, instead of the automatic telephone dialing system, that customer service representative may also leave a message on your answering machine or voice mail. You give us and our affiliates your consent to call any telephone number you have given to us, as well as any numbers we acquire that we can reasonably associate with your account, and to leave messages, whether pre-recorded or otherwise, with information about your Loan with us. If you are in default of your obligations to us, you authorize us to call you at work or home, or at other numbers you have provided us or we have obtained for you, to leave a message with a person or voice mail service stating our name and phone number, to text you, to write you at home and to acquire location information about you from references or employers on your application. You agree that we will not be liable to you for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us (or our affiliates) or that we (or our affiliates) place to you.
Checksmart reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.
Links to third party sites / Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Checksmart and Checksmart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Checksmart is not responsible for webcasting or any other form of transmission received from any Linked Site. Checksmart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Checksmart of the site or any association with its operators.
Certain services made available via the Site are delivered by or through third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge, agree and consent that Checksmart may share such information and data with any third party with whom Checksmart has a contractual relationship as may be necessary or appropriate to provide any product, service or functionality you may request.
No unlawful or prohibited use
As a condition of your use of the Site, you warrant to and covenant with Checksmart that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
THE DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE SITE (“CHECKSMART CONTENT”) MAY BE PROTECTED BY COPYRIGHT AND OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. CHECKSMART CONTENT IS NOT FOR RESALE. YOUR USE OF THE SITE DOES NOT ENTITLE YOU TO RESELL ANY CHECKSMART CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE CHECKSMART CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF CHECKSMART.
Must Be 18 Years or Older:
The Site is neither intended for, nor directed to, children under the age of 18. If Checksmart learns that a person who registers on the Site is under the age of 18, Checksmart will promptly delete that individual’s registration.
Data and Site Security:
While Checksmart uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. The Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Checksmart has no obligation to monitor the Communication Services. However, Checksmart reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Checksmart reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Any unsolicited communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, the Company will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the Site for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products using such information.
Checksmart reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Checksmart’ sole discretion.
You agree to always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Checksmart does not control or endorse the content, messages or information found in any Communication Service and, therefore, Checksmart specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Checksmart spokespersons, and their views do not necessarily reflect those of Checksmart.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHECKSMART AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CHECKSMART AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHECKSMART AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Service Contact: email@example.com
Checksmart reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice.
International Users: None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United Stated Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify the Company against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio, U.S.A. in all disputes arising out of or relating to the use of the www.checksmartstores.com website. Use of the www.checksmartstores.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Checksmart as a result of these Terms and Conditions or use of the www.checksmartstores.com website. Checksmart’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Checksmart’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.checksmartstores.com website or information provided to or gathered by Checksmart with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Checksmart with respect to the Site and your use thereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Checksmart with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright and trademark notices
All contents of the Site are Copyright © 2016 Checksmart® and/or its suppliers, affiliates and partners. All rights reserved.
Checksmart™ is a registered trademark of Checksmart Financial Company. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Website Use, is strictly prohibited. You are also advised the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Checksmart. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes
Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Checksmart Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE
Thank you for visiting our site.
Checksmart Rev. 20130715
Detailed Wireless Policy
If you opt-in to receive any CheckSmart® ™ lender text messages in connection with your transaction with us, you are providing consent to use personal information to provide the services you have requested, including those that display customized content and advertising. Your provider’s standard messaging rates apply to our SMS (Short Message Service) messages. You may opt-out and remove your SMS approval for additional messages by sending “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, “REMOVE”, “QUIT” or “STOPALL” to the SMS text message you have received. If you remove your SMS information from our database, your number will no longer be used for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
Data obtained from you in connection with this SMS service may include your name, address, cellphone number, your providers name, the date and time, and content of your messages. We will not be liable for any delays in the receipt of any SMS messages, delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
For help, email us at firstname.lastname@example.org or call 1-866-528-0304. Request help, get contact information or additional information regarding our texting services anytime from your mobile device by replying with the word “HELP” to the message you receive.