OUR COMMITMENT TO FAIRNESS
FAIR LENDING POLICY STATEMENT
General Policy Statement
It is the policy of ThinkCash Loan Service, LLC (“TCLS”) and affiliates to make
credit products and associated loan operations support services available to all
qualified applicants without discriminating on the basis of race, color, religion,
national origin, sex, marital status, or age (provided that the applicant has the
capacity to enter into a binding contract); the fact that all or part of the applicant’s
income derives from any public assistance program; or the fact that the applicant
has in good faith exercised any right under the Consumer Credit Protection Act.
It is TCLS policy to treat all consumers consistently and fairly. The standard for
all employees is to provide service in a fair, equitable, and consistent manner.
TCLS is committed to making credit products and services available to diverse communities
and customers on an equal opportunity basis. This commitment is reflected in formal
processes and systems designed to ensure compliance with fair lending requirements.
TCLS dedicates information and training resources in an ongoing effort to maintain
a high level of employee awareness for providing credit products and services in
a fair, equitable, and consistent manner.
Advertising
TCLS will not engage in advertising practices or other outgoing communications that
would discourage on a prohibited basis the making or pursuing of an application
for credit.
Notification
TCLS will provide notices of action taken on loan applications in accordance with
the provisions of the Equal Credit Opportunity Act and Federal Reserve Board Regulation
B.
IMPORTANT INFORMATION REGARDING PROCEDURES FOR OPENING A NEW THINKCASH
ACCOUNT
To help the government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify, and record information
that identifies each person who opens an account.
What this means for you: When you open a ThinkCash account, we will ask for your
name, address, date of birth, and other information that will allow us to identify
you. We may also ask to see your driver's license or other identifying documents.
TERMS OF USE
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
User Agreement
The following are terms of a legal agreement (the “Agreement”) between you and TC
Loan Service, LLC (“ThinkCash”, “we”, “us”, or “our”) that sets forth the terms
and conditions for your use of this web site (the “Site”). This Site is being provided
to you expressly subject to this Agreement. By accessing, browsing and/or using
this site (“Site”), you acknowledge that you have read, understood, and agree to
be bound by the terms of this Agreement and to comply with all applicable laws and
regulations. The terms and conditions of this Agreement form an essential basis
of our bargain.
We reserve the right to amend this Agreement at any time and will notify you of
any such changes by posting the revised Agreement on the Site. You should check
this Agreement periodically for changes. All changes shall be effective upon posting.
Your continued use of the Site after any change to this Agreement constitutes your
agreement to be bound by any such changes. We may terminate, suspend, change, or
restrict access to all or any part of this Site without notice or liability.
Limitation of Use
The copyright in all material on this Site, including without limitation the text,
data, articles, design, source code, software, photos, images and other information
(collectively the “Content”), is held by ThinkCash or by the original creator of
the material and is protected by U.S. and International copyright laws and treaties.
You agree that the Content may not be copied, reproduced, distributed, republished,
displayed, posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise, without
the express prior written consent of ThinkCash. You acknowledge that the Content
is and shall remain the property of ThinkCash. You may not modify, participate in
the sale or transfer of, or create derivative works based on any Content, in whole
or in part. The use of the Content on any other Site, including by linking or framing,
or in any networked computer environment for any purpose, is prohibited without
ThinkCash’s prior written approval. You also may not, without ThinkCash’s express
written permission, “mirror” any material contained on this Site on any other server.
Any unauthorized use of any Content on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited
from any use of the Content of Site that would constitute a violation of any applicable
law, regulation, rule or ordinance of any national, state, or locality or of any
international law or treaty, or that could give rise to any civil or criminal liability.
Any unauthorized use of the Site, including but not limited to unauthorized entry
into ThinkCash’s systems, misuse of passwords, or misuse of any information posted
on the Site is strictly prohibited. ThinkCash makes no claims concerning whether
the Content may be downloaded or is appropriate for use outside of the United States.
If you access this Site from outside of the United States, you are solely responsible
for ensuring compliance with the laws of your specific jurisdiction. Your eligibility
for particular products or services is subject to final determination by ThinkCash.
Patent Information
Technologies and processes embodied in and used by this Site are covered by one
or more ThinkCash U.S. patents and by other patents pending.
Trademarks
ThinkCash (including the ThinkCash logo), ThinkCash.com, and all related logos (collectively
the “ThinkCash trademarks”) are trademarks or service marks of ThinkCash. Other
company, product, and service names and logos used and displayed on this Site may
be trademarks or service marks owned by ThinkCash or others. Nothing on this Site
should be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any of the ThinkCash trademarks displayed on this Site, without
our prior written permission in each instance. You may not use, copy, display, distribute,
modify or reproduce any of the trademarks found on the Site unless in accordance
with written authorization by us. We prohibit use of any of the ThinkCash trademarks
as part of a link to or from any site unless establishment of such a link is approved
in writing by us in advance. Any questions concerning any ThinkCash Trademarks,
or whether any mark or logo is a ThinkCash Trademark, should be referred to ThinkCash.
Links to Third-Party Sites
This site may contain links to websites controlled or offered by third-parties (non-affiliates).
ThinkCash hereby disclaims liability for any information, materials, products or
services posted or offered at any of the third-party sites linked to this website.
By creating a link to a third-party website, ThinkCash does not endorse or recommend
any products or services offered or information contained at that website, nor is
ThinkCash liable for any failure of products or services offered or advertised at
those websites. Such third-party may have a privacy policy different from that of
ThinkCash and the third-party website may provide less security than the ThinkCash
site.
Disclaimer of Warranties
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS,
LINKS OR OTHER ITEMS AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE,” WITHOUT ANY
WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THINKCASH DOES NOT
WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES
NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THINKCASH MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT
PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED
AS OF ITS DATE ONLY, AND THINKCASH DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY
TO UPDATE OR AMEND ANY SUCH INFORMATION. THINKCASH RESERVES THE RIGHT TO TERMINATE
ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE
COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS
AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL THINKCASH BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, LOSSES
OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION)
OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN
ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR
ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THINKCASH, OUR REPRESENTATIVES
THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. [YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.] IF YOUR
USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION
IS FOUND TO BE INVALID, YOU AGREE THAT THINKCASH’S TOTAL LIABILITY FOR ALL DAMAGES,
LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless ThinkCash from and against any and all
claims, losses, expenses, demands or liabilities, including attorneys’ fees and
costs, incurred by ThinkCash in connection with any claim by a third party (including
any intellectual property claim) arising out of (i) materials and content you submit
to, post to or transmit through the Site, or (ii) your use of the Site in violation
of this Agreement or in violation of any applicable law. You further agree that
you will cooperate fully in the defense of any such claims. ThinkCash reserves the
right, at their own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and you shall not in any event
settle any such claim or matter without the written consent of ThinkCash.
Monitoring of the Site
ThinkCash has no obligation to monitor the Site; however, you acknowledge and agree
that ThinkCash has the right to monitor the Site electronically from time to time
and to disclose any information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate the Site, or to protect itself
or other users of the Site.
Submissions
All information submitted to ThinkCash via this site shall be deemed and remain
the property of ThinkCash and ThinkCash shall be free to use, for any purpose, any
idea, concepts, know-how or techniques contained in information a visitor to this
site provides ThinkCash through this Site. ThinkCash shall not be subject to any
obligations of confidentiality regarding submitted information except as agreed
by the ThinkCash entity having the direct customer relationship or as otherwise
specifically agreed or required by law. Nothing contained herein shall be construed
as limiting or reducing ThinkCash’s responsibilities and obligation to customers
in accordance with the ThinkCash Privacy Policy.
Use of Personally Identifiable Information
ThinkCash’s practices and policies with respect to the collection and use of personally
identifiable information are governed by ThinkCash’s Privacy Policy.
Availability
This site is not intended for distribution to, or use by, any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
local law or regulation. By offering this site and Content no distribution or solicitation
is made by ThinkCash to any person to use the Site or Content in jurisdictions where
the provision of the site and/or content is prohibited by law.
Termination
This Agreement is effective until terminated by ThinkCash. ThinkCash may terminate
this Agreement at any time without notice, or suspend or terminate your access and
use of the Site at any time, with or without cause, in ThinkCash’s absolute discretion
and without notice. The following provisions of the Agreement shall survive termination
of your use or access to the Site: the sections concerning Indemnification, Disclaimer
of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution,
and General Provisions, and any other provision that by its terms survives termination
of your use or access to the Site.
Waiver
Failure by ThinkCash to enforce any of its rights under this Agreement shall not
be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by
and construed in accordance with the laws of the United States and, to the extent
applicable, to the laws of the State of Delaware, without regard to its conflict
of laws rules. You agree that you will notify ThinkCash in writing of any claim
or dispute concerning or relating to the Site and the information or services provided
through it, and give ThinkCash a reasonable period of time to address it BEFORE
bringing any legal action, either individually, as a class member or representative,
or as a private attorney general, against ThinkCash.
Other Agreements
This Agreement shall be subject to any other agreements you have entered into with
ThinkCash.
Additional Terms
Certain sections or pages on the Site may contain separate terms and conditions
of use, which are in addition to the terms and conditions of this Agreement. In
the event of a conflict, the additional terms and conditions will govern for those
sections or pages.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions shall be enforced to the fullest extent possible, and the remaining
provisions of the Agreement shall remain in full force and effect.
General Provisions
This Agreement supersedes any previous Terms of Use Agreement to which you and ThinkCash
may have been bound. This Agreement will be binding on, inure to the benefit of,
and be enforceable against the parties and their respective successors and assigns.
Neither the course of conduct between parties nor trade practice shall act to modify
any provision of the Agreement. All rights not expressly granted herein are hereby
reserved. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
DISCLOSURES FOR DELAWARE RESIDENTS:
1.0 Notification - Every licensee shall furnish to every applicant, a copy of this
regulation at the time when such application is made. Posting of this regulation
in the office of the licensee in a place both prominent and easily visible to all
potential applicants shall satisfy this requirement. An explanation as to the contents
and limitations contained herein shall satisfy this requirement when transactions
occur telephonically. An informational screen containing these limitations with
an affirmative acknowledgement by the consumer, prior to application, shall satisfy
this requirement for internet transactions.
2.0 Interest
2.1 A lender may charge and collect interest in respect to a revolving credit plan
or closed end loan at such daily, weekly, monthly, annual, or other periodic percentage
rate or rates as the agreement governing the plan or loan provides, or as established
in the manner provided in such agreement. Periodic interest may be calculated on
a revolving credit plan using any balance computation method provided for in the
agreement governing the plan. Periodic interest may be calculated on a closed end
loan by way of simple interest or such other method as the agreement governing the
loan provides.
2.2 If the agreement governing the revolving credit plan or closed end loan so provides,
the periodic percentage rate or rates of interest may vary in accordance with a
schedule or formula. Such periodic percentage rate or rates may vary from time to
time as the rate determined in accordance with such schedule or formula varies and
such periodic percentage rate or rates, as so varied, may be made applicable to
all or any part of the outstanding unpaid indebtedness or outstanding unpaid amounts.
In the case of revolving credit, such rate shall become applicable on or after the
first day of the billing cycle that contains the effective date of such variation.
In the case of closed end loan transactions, such rate may be made applicable to
all or any part of the outstanding unpaid amounts on and after the effective date
of such variation. Without limitation, a permissible schedule or formula hereunder
may include provisions in the agreement governing the revolving credit plan or closed
end loan agreement for a change in the periodic percentage rate or rates of interest
applicable to all or any part of outstanding unpaid indebtedness or outstanding
unpaid amounts, whether by variation of the then applicable periodic percentage
rate or rates of interest, variation of an index or margin or otherwise, contingent
upon the happening of any event or circumstance specified in the plan or agreement,
which event or circumstance may include the failure of the borrower to perform in
accordance with the terms of the revolving credit plan or loan agreement.
3.0 Additional Fees and Charges; Limitations - If the agreement governing the plan
or loan so provides, in addition to, or in lieu of, interest at a periodic percentage
rate or rates permitted by Chapter 22, Title 5 of the Delaware Code, the licensee
may charge and collect the following fees and charges, subject to the limitations
provided below, in respect to revolving credit plans or closed end loans:
3.1 Revolving Credit - with respect to a borrower, a lender may charge, collect,
or receive one or more of the following fees and charges under plans subject to
the provisions of Subchapter II, Chapter 22, Title 5 of the Delaware Code:
3.1.1 periodic charges - a daily, weekly, monthly, annual or other periodic charge
in such amount or amounts as the agreement may provide for the privileges made available
to the borrower under the plan;
3.1.2 transaction charges - a transaction charge or charges in such amount or amounts
as the agreement may provide for each separate purchase or loan under the plan;
3.1.3 minimum charges - a minimum charge in such amount or amounts as the agreement
may provide for each daily, weekly, monthly, annual or other scheduled billing period
under the plan during any portion of which there is an outstanding unpaid indebtedness
under the plan;
3.1.4 fees for services rendered or reimbursement of expenses - reasonable fees
for services rendered or for reimbursement of expenses incurred in good faith by
the licensee or its agent in connection with such loan, including without limitation,
commitment fees, official fees and taxes, premiums or other charges for any guarantee
or insurance protecting the licensee against the borrower's default or other credit
loss, or costs incurred by reason of examination of title, inspection, recording
and other formal acts necessary or appropriate to the security of the loan, filing
fees, attorney's fees and travel expenses. In the event a borrower defaults under
the terms of a plan, the licensee may, if the borrower's account is referred to
an attorney (not a regularly salaried employee of the licensee) or to a third party
for collection and if the agreement governing the revolving credit plan so provides,
charge and collect from the borrower a reasonable attorney's fee. In addition, following
a borrower's default, the licensee may, if the agreement governing the plan so provides,
recover from the borrower all court, alternative dispute resolution or other collection
costs (including, without limitation, fees and charges of collection agencies) actually
incurred by the licensee;
3.1.5 overlimit charges - a charge in such amount or amounts as the agreement may
provide, for each daily, weekly, monthly, annual or other scheduled billing period
under the plan during any portion of which the total outstanding indebtedness exceeds
the credit limit established under the plan;
3.1.6 delinquency charges - a late or delinquency charge upon any outstanding unpaid
installment payments or portions thereof under the plan which are in default; provided,
however, that no more than 1 such late or delinquency charge may be imposed in respect
of any single such installment payment or portion thereof regardless of the period
during which it remains in default; and provided further, however, that for the
purpose only of the preceding provision all payments by the borrower shall be deemed
to be applied to satisfaction of installment payments in the order in which they
become due;
3.1.7 returned check charges - a returned check charge may be assessed to consumers,
in such amount or amounts as the agreement may provide, provided the amount(s) of
such charges are customary and reasonable for checks that are returned unpaid;
3.1.8 termination fees - a charge in such amount or amounts as the agreement may
provide to terminate a revolving credit plan;
3.1.9 charges incurred in connection with real estate secured transactions - in
the case of revolving credit secured by real estate such additional charges as outlined
in item 3.3 of this regulation may also be collected within the limitations stated
therein.
3.2 Closed End Credit - with respect to a borrower, a lender may charge, collect,
or receive one or more of the following fees and charges for loans subject to the
provisions of Subchapter III, Chapter 22, Title 5 of the Delaware Code:
3.2.1 fees for services rendered or reimbursement of expenses - reasonable fees
for services rendered or for reimbursement of expenses incurred in good faith by
the licensee or its agent in connection with such loan, including without limitation,
commitment fees, official fees and taxes, premiums or other charges for any guarantee
or insurance protecting the licensee against the borrower's default or other credit
loss, or costs incurred by reason of examination of title, inspection, recording
and other formal acts necessary or appropriate to the security of the loan, filing
fees, attorney's fees and travel expenses. In the event a borrower defaults under
the terms of the loan, the licensee may, if the borrower's account is referred to
an attorney (not a regularly salaried employee of the licensee) or to a third party
for collection and if the agreement governing, or the bond, note or other evidence
of, the loan so provides, charge and collect from the borrower a reasonable attorney's
fee. In addition, following a borrower's default, the licensee may, if the agreement
governing , or the bond, note or other evidence of, the loan so provides, recover
from the borrower all court, alternative dispute resolution or other collection
costs (including, without limitation, fees and charges of collection agencies) actually
incurred by the licensee;
3.2.2 deferral charges - a deferral charge may be assessed to a borrower in accordance
with an agreement to permit the borrower to defer installment payments of a loan;
3.2.3 delinquency charges - if the agreement governing the loan so provides, a late
or delinquency charge may be imposed upon any outstanding unpaid installment payment
or portions thereof under the loan agreement which are in default; provided, however,
that no more than 1 such delinquency charge may be imposed in respect of any single
such installment payment or portion thereof regardless of the period during which
it remains in default; and provided further that no such delinquency charge may
exceed 5% of the amount of any such installment or portion thereof in default;
3.2.4 returned check charges - if the agreement governing the loan so provides,
a returned check charge may be assessed to consumers, for checks that are returned
unpaid provided the amount(s) of such charges are customary and reasonable;
3.3.4 credit report fees - credit report fees shall be limited to the actual cost
of the report if paid to a third party, not an employee of the lender or affiliate.
Such amounts shall be customary and reasonable.
COPYRIGHT © ThinkCash 2006. ALL RIGHTS RESERVED
Copyright in the pages and in the screens displaying the pages, and in the information
and material therein and in their arrangement, is owned by ThinkCash unless otherwise
indicated.
OFFERS VOID IN SOME STATES
The offers advertised on this site may be void in some states.
Last Updated: November 10, 2006