We may from time to time in our sole discretion and without notice to you modify the terms of this Agreement and/or change the rules that govern your use of the Application or the Site. We may change, move or delete portions of, or may add to, the Application or the Site from time to time. Please review this Agreement each time you use the Application or the Site for the most current terms and conditions for the use of the Application or the Site. Your use of the Application and/or the Site following any such change constitutes your agreement to follow and be bound by the Agreement and rules as changed. We may discontinue the operation, maintenance or provision of the Application and the Site, any pages thereof, and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party.
Your access to the Site and Application
You represent that you are 18 years of age or older. If you are under 18 years of age, please do not enter your personal information. The TitleMax Mobile Application and the TitleMax.com Site are not directed at children, and we do not knowingly collect information from persons under the age of 18 years old. We are not responsible or liable to you for any errors or failures resulting from defects in or malfunction of (i) any telephone equipment and services, (ii) Internet connection services, (iii) computer hardware and software, and (iv) other equipment necessary for you to access and use the Site or Application.
Accounts, Passwords and Security
Certain features or services offered on or through the Site or Application may require you to open an account which includes setting up a User ID and Password. TMX may assign you a customer extranet username and password to enable you to access and use certain portions of the Site or the Application. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site and Application in a manner consistent with the terms and conditions of this Agreement, and TMX has no obligation to investigate the authorization or source of any such access or use of the Site or Application. You agree to maintain the confidentiality of the information of the password and identification assigned to you, and the security and integrity of any information you download from our Site and Application. You remain responsible for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You may be held liable for losses incurred by us or any other user of or visitor to the Site or Application due to someone else using your User ID, password or account as a result of your failing to keep your account information secure and confidential. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE OR APPLICATION BY ANYONE USING THE PASSWORD AND IDENTIFICATION ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE OR APPLICATION IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You shall immediately notify TitleMax in writing at TitleMax, Attn: Legal Department, P.O. Box 8323, Savannah, Georgia 31412, of any unauthorized use of your password or identification or any other breach or threatened breach of the Site’s or Application’s security.
You may not use anyone else’s User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. You agree that we will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy and Collecting Information
TMX may also automatically collect (through cookies, described below, and other methods) and store aggregate or anonymous information about user contact with and use of the Application and the Site. This information, which does not identify individual consumers, is used by TMX for its business purposes, which may include offering products or services, research, marketing or analyzing market trends, and other purposes consistent with applicable laws. Examples of this type of information include demographic information, the type of Internet browser you are using, the length of time you spent on the Application or the Site, the domain name of the web site from which you linked to our Site or Application, system configuration and settings and your browsing habits on and usage of the Application or the Site. Non-personally identifiable information may also include personally identifiable information that has been aggregated so that no one individual is specifically identifiable (such as, how many users in a particular city access the Application or the Site).
Automatic Logging of Session Data
We automatically log generic information about your computer and mobile device and your computer’s and mobile device’s connection to the Internet, which we call “session data.” Session data consists of things such as device information, IP address, operating system and browser software information, and the activities conducted by the user while on our Site or Application. An IP address is a number that lets computers and mobile devices connected to the Internet, such as our web servers, know where to send data back to the user, such as the pages of the Site or Application which the user wishes to view or use. We collect session data because it helps us analyze such things as what items visitors are likely to click on most, the way visitors are clicking through the Site and using the Application, how many visitors are surfing to various pages on the Site and using features of the Application , how long visitors to the Site and users of the Application are staying and how often they are visiting. It also helps us diagnose problems with our servers and lets us better administer our systems. It is possible to determine from an IP address a visitor’s Internet Service Provider (ISP) and the approximate geographic location of his or her point of connectivity, whether via computer or device. We also collect and use session data to help prevent the unauthorized use of our Site and the Application. Session data is sometimes shared with third parties.
Use of Information in Connection with Application for Credit
If you submit an application for credit or credit services via the Application or the Site, you understand and agree that we may obtain a consumer credit report in connection with your application and in connection with any updates, renewals, refinances or extensions of any credit or credit services as a result of your application. If you ask, you will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the report. You also understand and agree that we may investigate your credit, employment and financial status and value of your collateral with 3rd parties which may include credit bureaus and other non-traditional sources of data in connection with the review of your application or collection of any extension of credit or credit services made to you as a result of this application or for other legitimate purposes related to such transactions.
TMX collects anonymous, non-confidential, and non-personal information when you use the Application or the Site, send us emails, or respond to special promotions or newsletters that we may send to you from time to time. For example, cookies are small computer files that we transfer to your computer’s hard drive that allow us to know how often someone visits a site or application and the activities they conduct while on that site or while using the application (whether you requested more information, etc.). Every computer and device is assigned a different cookie by TMX. The information collected by cookies helps us dynamically generate content on web pages and also allows us to statistically monitor how many people are using the Application, the Site, or are opening our emails. We may use cookie information to determine the popularity of certain content or advertisements. It may be possible to link non-personal cookie information to personally identifiably information collected. You may be able to turn off cookies in your browser, but this may hinder our ability to provide you with certain services or your ability to enjoy certain features of the Application or the Site.
By using the Application and the Site, you agree that Internet transmissions are never completely private or secure. We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use the information forms integrated into the Application and the Site. However, we advise you to exercise caution when sending us e-mail through the Internet. You understand that any message or information you send through email may be read or intercepted by others. For example, e-mail may be intercepted by a third party. Please do not use e-mail to send us confidential or privileged information (such as social security numbers, bank account numbers, etc.) or information we have required you to send us in writing. You agree that we have no liability for any losses or damages you incur as a result of a third party intercepting and using without authorization any information transmitted by you via unsecure e-mail. When you send emails to us, you are communicating with us electronically, and you consent to receive responsive communications from us electronically via email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Application or the Site.
In connection with any product or service TMX may make interactive online chat (“Chat”) service available to you. TMX makes no warranty that Chat service will be available at any particular time or be free of fault or error. TMX provides the Chat service as a convenience to facilitate your understanding of TMX products, services, and online applications related to those products or services. Our Chat service agents endeavor to provide you with accurate and current information based on your question or need. No communications during the Chat service shall be considered a legal agreement, representation, or warranty as to our products or services, and the underwriting and delivery of same. You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.
All content included on the Application and the Site, including images, illustrations, designs, icons, photographs, video clips, audio clips, logos, button icons, software, written materials and other materials (collectively, the “Contents”) are the property of TMX or its content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on the Application and the Site are the exclusive property of TMX and are protected by U.S. and International copyright laws. All software used on the Application and the Site are the property of TMX or its software suppliers and are protected by U.S. and International copyright laws. The Contents and software on the Application and the Site may be used solely for informational purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Contents or software on the Application or the Site are strictly prohibited. The Contents of the Application and the Site, and the Application and the Site as a whole, are intended solely for personal use by the users of the Application and the Site. You may download or copy the Contents and other downloadable materials displayed on the Application or the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Application, the Site, or any related software.
TMX, TitleMax, and certain other marks and logos displayed on this Site are registered and common law trademarks of TMX Finance LLC or an affiliated company in the United States and other countries. The trademarks may not be used in connection with any product or service that is not authorized in writing by TMX, in any manner. All other trademarks that appear on the Application or the Site are the property of their respective owners, who are not affiliated with, or sponsored by us or our affiliates. User Comments, Feedback, Postcards and Other Submissions All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to TMX on or by the Application and the Site or otherwise disclosed, submitted or offered in connection with your use of the Application and the Site (collectively, “Comments”) shall be and remain TMX ‘s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to TMX of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Comments. Thus, TMX will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Availability of Services
Not all of the products and services described in the Application and the Site are available in each State. In addition, the terms of the products and services differ depending upon the State. Where you reside may limit whether you qualify for certain products and services. In our sole discretion, we determine the eligibility requirements, including residency requirements, for any product or service we offer. A third-party (such as a CSO lender) may in its sole discretion determine the eligibility requirements, including residency requirements, for any product or service the third party offer. Our description of the products and services, including, if any, interest, fees, charges, may change without notice. The general description information on the Application and the Site is not a binding legal offer, and each product or services remains subject to our underwriting and eligibility requirements. We do not intend for the Application or the Site and/or any products, services or information described or provided therein to be obtainable or used by any person in any city, state or jurisdiction where such distribution, availability or use would violate applicable law.
Links to Other Websites and Services
The Application and the Site contains links to outside services and resources, the availability and content of which TMX does not control. We are not responsible for examining or evaluating, and we do not endorse these businesses or individuals or the content of their web sites. TMX does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns, including privacy, information-sharing and security policies, regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Disclaimer of Warranties and Limitation of Liability
THE APPLICATION AND THE SITE ARE PROVIDED BY TMX ON AN “AS IS” BASIS. TMX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION AND THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE APPLICATION AND THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TMX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE APPLICATION AND THE SITE, THAT YOUR USE OF THE APPLICATION AND THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE APPLICATION AND THE SITE.
TMX DOES NOT WARRANT THAT THE APPLICATION AND THE SITE, ITS SERVERS OR EMAIL SENT FROM TMX ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT TMX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION AND THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
YOU ACKNOWLEDGE THAT TMX DOES NOT WARRANT THAT THE APPLICATION AND THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION PROVIDED ON THE SITE OR IN THE APPLICATION. TMX DOES NOT ENDORSE CONTENT, PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR APPLICATIONS OR PURCHASED VIA LINKED SITES.
CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE LESSER OF THE AMOUNT YOU PAID TO ACCESS THIS SITE OR $100.00.
Applicable Law, Disputes, and Notice of Grievance and Opportunity to Cure
This Site is created and controlled by TMX in the State of Georgia, USA. As such, the laws of the State of Georgia will govern these disclaimers, terms and conditions, as well as all sales of products and services or other transactions affected through the Application and the Site and any disputes relating thereto without giving effect to any principles of conflicts of laws. We reserve the right to make changes to the Application, the Site, and these disclaimers, terms and conditions at any time. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Georgia, Chatham County and/or the City of Savannah. Before initiating arbitration or litigation concerning any potential dispute arising from the Agreement, you and we agree to mail a written notice to the other party, return receipt requested, to provide the other party an opportunity to resolve such grievance. Such notice shall include a proposed resolution. A party receiving such notice must mail a written offer return receipt request proposing a reasonable settlement within 30 days (or such longer period as applicable law may require). If an aggrieved party ultimately initiates arbitration or litigation, and if applicable law allows, then the adjudicator shall award reasonable attorney fees, court costs, and litigation expenses to the opposing party, if the adjudicator determines the (i) aggrieved party cannot prove compliance with this paragraph or (ii) opposing party timely offered a reasonable settlement.
You agree to defend, indemnify and hold TMX, its affiliates, and each of their respective officers, directors, shareholders, successors in interest, employees, agents and subsidiaries harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of the Site or the Application, your violation of this Agreement, or your infringement of any intellectual property obtained from the Application or the Site.
Unless otherwise specified, the Application, the Site, and the Contents thereof are displayed solely for the purpose of promoting and delivering TMX products and services available in the United States and select foreign markets.
Limited License and Access to the Site
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting and delivering TMX products and services available in the United States and select foreign markets. TMX grants you a limited license to access and make personal use of this Site pursuant to the terms and conditions stated herein. This license does not include any resale or commercial use of this Site or its Contents; and collection and use of any product or service listings, descriptions, or prices; and derivative use of this Site or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of TMX without our express written consent. You may not use any meta tags or any other hidden text utilizing the TMX name, TitleMax or trademarks without the express written consent of TMX Finance LLC. Any unauthorized use terminates the permission or license granted by TMX. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TMX so long as the link does not portray TMX, or its product or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any TMX logo or other proprietary graphic or trademark as part of the link without express written permission. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify any content on the Site, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You are prohibited from accessing data or logging onto a server or account which you are not authorized to access; attempting to breach security or authentication measures and attempting to interfere with service to any user, host or network, including via means of introducing a virus to the Site, overloading or flooding, spamming, mail bombing or crashing. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is unlawful, libelous, threatening, harassing, derogatory, defamatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, indecent, pornographic, otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, “trap doors”, “Trojan horses”, “deep-Link”, “page scrape”, “robot”, “spider” or other harmful code or properties that acquire, copy or monitor this Site or harvest or otherwise collect information about others, or violate any applicable laws of regulations.
Limited License and Access to the Application
TMX grants you a limited, non-transferable license to access and make personal use of the Application pursuant to the terms and conditions stated herein. You may access and use the Application only on mobile devices that you own or control, with such access and use on your mobile device to be consistent with the usage rules for the operating system for your device. This limited license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. This license does not include (a) any rental, lease, loan, sale, resale, redistribution, sublicense or commercial use of the Application or its Contents, (b) the collection and use of any product or service listings, descriptions, or prices; and derivative use of the Application or its Contents, (c) any downloading or copying of account information for the benefit of another provider, or any use of data mining, robots, or similar data gathering and extraction tools.
You may not copy (except as expressly permitted by this license and the usage rules for your device’s operating system), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). You agree not to take any action that might compromise the security of the Application, render the Application inaccessible to others or otherwise cause damage to the Application or the Contents. You agree to use the Application only for lawful purposes. Any unauthorized use terminates the permission or license granted by TMX. Any attempt to engage in any of the foregoing prohibited acts is a violation of the rights of TMX. If you breach this restriction, you may be subject to prosecution and damages.
You agree not to add to, subtract from, or otherwise modify any content on the Site, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You are prohibited from accessing data or logging onto a server or account which you are not authorized to access; attempting to breach security or authentication measures and attempting to interfere with service to any user, host or network, including via means of introducing a virus to the Site, overloading or flooding, spamming, mail bombing or crashing. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is unlawful, libelous, threatening, harassing, derogatory, defamatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, indecent, pornographic, otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, “trap doors”, “Trojan horses”, “deep-Link”, “page scrape”, “robot”, “spider” or other harmful code or properties that acquire, copy or monitor this Site or harvest or otherwise collect information about others, or violate any applicable laws of regulations.
This Agreement is effective unless and until terminated by TMX. TMX may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site and the Application, if in TMX’s absolute discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by TMX, you must promptly destroy all materials downloaded or otherwise obtained from the Application or the Site, as well as all copies of such materials, whether made under the terms and conditions of this Agreement or otherwise, and you must promptly cease using the Application and must destroy all copies, full or partial, of the Application.
This Site and the Application may be accessed from countries other than the United States. The Site and the Application may contain products and services or references to products and services that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Site or the Application outside the United States you are responsible for complying with your local laws and regulations.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the Georgia law. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list.
Texas OCCC Notice and Fee Schedules
Text Message Disclosures
We only send text messages to consumers who have opted into the Text Message Program via the Message Me and Cell Verification Form. If you would like to opt out of receiving these messages, you can reply “STOP” to any text you receive, send an email with your information and your request to email@example.com, or you can also call our customer service line at (800) 804-5368.
Last Updated September 26, 2018.