Terms and Conditions of use

Introduction

We publish our website terms and conditions (“Terms and Conditions”) for everyone to see, at any time. By using our site, registration to the site, or applying for a Kener service, you are agreeing to the terms and conditions set forth below. These Terms and Conditions constitute a legal contract between you and Kener Lending and cover all aspects of your use of the Kener Lending website, including all of its pages, and, to the extent not superseded by the terms and conditions of any contract we may sign with you, of any product or service we may provide you.

If any of these Terms and Conditions do not make sense, please consult a legal expert for a clarification.

Notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OUR SITE AND ANY OF ITS PAGES (COLLECTIVELY, THE “KENER LENDING WEBSITE,” “KENERLENDING.COM” OR “OUR SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE SITE NOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THIS SITE.

1. Eligibility; Privacy

The products and services offered through our site are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE KENER LENDING WEBSITE YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.

FX Quick Cash, LLC., doing business as Kener Lending (hereinafter “Kener” or “Kener Lending”) has made a commitment to protect the privacy of those who visit our site and access the products and services available therein. Kener’s Privacy Policy is hereby incorporated herein by reference.

2. Registration: Accountholder Responsibilities

Certain areas of Kenerlending.com are accessible only to registered accountholders. In order to access the registered-accountholder-only areas of Kenerlending.com, you will need the username and password you have created (in some cases a password is created by us). You acknowledge that use of a username and a password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly inform Kener in writing of any need to deactivate a username due to security or other concerns. Kener is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use Kenerlending.com using your username or password. You must immediately notify Kener of any unauthorized use of your username or password and any breach of confidentiality. Until Kener receives this notification from you, you will be held liable for any harm ensuing from the use of your username on the website.

3. Consent to Be Contacted by Telephone, Text messages, Email, Push notifications or Postal Mail

By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, text messaging, email, push notifications or postal mail.

By providing your cell phone number, you have provided us with consent to send you text messages in conjunctions with the services you have requested. Your cellular provider’s Msg & Data Rates may apply to our confirmation message and all subsequent messages.

You understand the text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and your text messages if you want them to remain private. [NO CONFIDENTIAL INFORMATION SHOULD BE SENT VIA TEXT MESSAGE.]

Please notify us immediately if you change mobile numbers or plan to provide your phone to another person.

If we modify this Text Message Policy, we will notify you by sending you a text message with a link to the new policy. We may terminate our text message program at any time.

If you have any questions about this policy, would like us to mail you a paper copy of this policy or are having problems receiving or stopping our text messages, please contact us using the following information: service@kenerlending.com, Attn: Kener Lending, 2500 West Loop South suite 320, Houston, TX, 77027, or by calling the CSO at 8558405690.

You agree and consent to be contacted by the Company, our agents, employees, attorneys, affiliates, subsequent creditors, loan servicing companies, and third party collectors through the use of email, and/or telephone calls and/or SMS text messages to your cellular, home or work phone numbers, as well as any other phone number you have provided in conjunction with this account, including the use of automatic telephone dialing systems, auto dialers, or an artificial or prerecorded voice.

Opt out or STOP

This policy applies to the text messages sent by Kener Lending to our customers while and after they use our product. If you wish to stop receiving marketing text messages from Kener Lending, reply to any text message we have sent you and in the reply text simply type STOP. [If you wish to stop receiving all text messages from Kener Lending, including those with information about payment due dates or missed payments, type STOP ALL in the reply text you send us.] Your stop request will become effective [within one day]. You may also stop text messages by calling us [or emailing us] using the contact information below.

Help or Support

If at any time you need our contact information or information on how to stop text messages, reply to any text message we have sent you and in the reply text simply type HELP. Upon receiving your text message, we will send you a text message with this information. It is our policy to send no more than 20 messages per month. In general, the messages we send provide you with information about your account. Some of the text message we send may include links to websites. To access these websites, you will need a web browser and Internet access.

4. Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Kener's web sites and systems including but not limited to unauthorized entry into Kener's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Kener and/or its affiliates.

5. Links

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF KENER). KENER HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, KENER DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS KENER LIABLE FOR ANY FAILURE OF ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF KENER AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE KENER SITE.

6. NO WARRANTY

THE INFORMATION AND THESE MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". KENER DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

7. LIMITATION OF LIABILITY

IN NO EVENT WILL KENER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, 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 KENER OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

8. Submissions

All information submitted to Kener via this site shall be deemed and remain the property of Kener, and Kener shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to this site provides Kener through this site. Kener shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by Kener or as otherwise specifically required by law.

9. 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.

10. Additional Terms

Certain sections or pages on this site may contain additional terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Without limiting the generality of the foregoing statement, any dispute relating to a Kener loan shall be subject to resolution by arbitration exclusively at the request of any party thereto and in accordance with the applicable loan agreement.

11. Users Outside of the United States

At the current time, Kener services and products are only available to persons residing in the state of Texas in the United States. You may not use or export or re-export any portion of this website in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. Kener makes no representation that the documents, pages, images or other materials or content on this site are appropriate or available for use in jurisdictions outside the U.S.A.

12. Minors

Kener is not directed at children under the age of 18 years old. Kener does not knowingly collect personal information from children under 18 years old in this website.

13. Governing Law

Use of this site shall be governed by all applicable federal and state laws. Kener's corporate offices are located in the state of Texas. The Harris County Courts have general jurisdiction and will be the exclusive venue for litigating disputes arising out of these Terms and Conditions.

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