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GetGreen123 Customer Rewards Program Terms and Conditions

Last Updated: 8/10/2022

These GetGreen123 Customer Rewards Program Terms and Conditions (“Rewards Program Terms”) are an agreement between you and us with respect to your participation in the GetGreen123 Customer Rewards Program (the “Rewards Program”) offered in connection with installment loans you obtain from or through us (each a “Loan”) that are governed by your Consumer Installment Loan Agreement & Disclosure Statement or Credit Services Agreement with us, as applicable (a “Consumer Agreement”), and any applicable loan agreement with a third-party lender.

In these Rewards Program Terms, the words “we”, “us” and “our” each mean Cypress Creek Financial, LLC, Cypress Creek Financial West, LLC (d/b/a GetGreen123) and their affiliates, successors and assigns.  The words “you”, “your” and “yours” mean the individual that signed the Consumer Agreement and that is being enrolled to participate in the Rewards Program after origination of a Loan.  These Rewards Program Terms supplement your Consumer Agreement.  In the event of a conflict between the Consumer Agreement and the Rewards Program Terms, the Consumer Agreement will govern, except the Rewards Program Terms will govern in any matter solely relating to the Rewards Program.

Arbitration.

Any controversy, dispute or claim arising out of or relating to these Rewards Program Terms shall be subject to the Jury Trial Waiver and Arbitration Clause of the Consumer Agreement which is incorporated herein by reference.

Eligibility and Enrollment

To be eligible to participate in the Rewards Program and earn related benefits, you must apply for and receive a Loan from or through us.  You will be automatically enrolled in the Rewards Program when you originate a Loan with or through us and will remain enrolled until we suspend, terminate, or disqualify your ability to participate in the Rewards Program in accordance with these Rewards Program Terms.  Currently, there are two benefits associated with the Rewards Program: (1) reduced interest and/or fees based on your “Customer Level Qualification;” and (2) points which you can earn and exchange for various rewards (“Rewards Points”).

Customer Level Qualification

Your “Customer Level Qualification” is determined by the number of “Paid Loans” you complete.  You complete a “Paid Loan” anytime (1) you have made at least one regularly scheduled installment payment in the scheduled amount on a Loan; and (2) you subsequently make payment in full for all amounts due on that Loan pursuant to the term of the applicable loan agreement or Consumer Agreement, including principal, interest and any other fees or charges.  A Loan is not considered a completed Paid Loans if: (1) the outstanding balance of the Loan is reduced by any formal or informal agreement between you, us or a third-party assisting you, such as a workout agreement or similar payoff settlement even if you subsequently make payment in full for that reduced amount; (2) the outstanding balance is transferred to a new loan; (3) the outstanding balance of the Loan is satisfied by a refinance, renewal, rollover or similar transaction; provided, however, that the new Loan resulting from such a transaction may qualify as a Paid Loan under these Rewards Program Terms; or (4) the Loan is rescinded or otherwise cancelled.  We determine whether a Loan becomes a Paid Loan only in reference to the applicable Loan.  This means that an event that disqualifies one Loan from becoming a Paid Loan (e.g., a refinance transaction) does not impact another outstanding Loan from becoming a Paid Loan so long as it otherwise meets the requirements above.

The number of Paid Loans necessary for each Customer Level Qualification and the corresponding reduction in your “Annual Percentage Rate” or “APR” is set forth below.
In TX, the CSO/CAB fee will be reduced.  While there is no limit to the number of Paid Loans you can complete, the highest Customer Level Qualification you can achieve is Elite. The “APR Reduction” or “CSO/CAB Fee reduction” (TX only) is calculated by subtracting the amount of the APR Reduction or CSO/CAB Fee reduction (TX only) from the standard APR or CSO/CAB fee (TX only) of a customer with a “New” Customer Level Qualification and not, for example, your previous Customer Level Qualification.  We determine your APR Reduction or CSO/CAB fee reduction (TX only) based on your Customer Level Qualification at the time you originate a Loan and will not apply retroactively.  For example, we will not apply a new APR Reduction retroactively to an outstanding Loan if you achieve a new Customer Level Qualification by completing a Paid Loan while the other Loan is outstanding.

DE, MO, MS, NM, UT, and WI:

TX:

 

Earning Rewards Points

Under the Rewards Program, you can also earn Rewards Points for any of the following events: (1) you complete a Paid Loan, (2) you have at least one outstanding Loan on the date of your birthday and all outstanding Loans are current; or (3) you complete a Referral (as defined below) (each, a “Rewards Event”).

Earning Rewards Points on Paid Loans.  You earn Rewards Points each time you complete a “Paid Loan”. ”. You complete a “Paid Loan” anytime (1) you have made at least one regularly scheduled installment payment in the scheduled amount on a Loan; and (2) you subsequently make payment in full for all amounts due on that Loan pursuant to the term of the applicable loan agreement or Consumer Agreement, including principal, interest and any other fees or charges.  A Loan is not considered a completed Paid Loans if: (1) the outstanding balance of the Loan is reduced by any formal or informal agreement between you, us or a third-party assisting you, such as a workout agreement or similar payoff settlement even if you subsequently make payment in full for that reduced amount; (2) the outstanding balance is transferred to a new loan; (3) the outstanding balance of the Loan is satisfied by a refinance, renewal, rollover or similar transaction; provided, however, that the new Loan resulting from such a transaction may qualify as a Paid Loan under these Rewards Program Terms; or (4) the Loan is rescinded or otherwise cancelled. The number of Rewards Points you earn for each Paid Loan depends on your Customer Level Qualification and is set forth below under “How We Calculate Rewards Points.”  We generally will credit the Rewards Points earned on Paid Loans to your account within 5 business days from the date we receive a payment sufficient to cover the full outstanding balance on your Loan (“Final Payment”).  If your Final Payment is made by personal check, certified check or money order, we may impose an additional clearing period of 3 business days before crediting Rewards Points to your account.

Earning Rewards Points on your Birthday.  Unless your Customer Level Qualification is “New,” you earn Rewards Points each year on your birthday, if, and only if, as of that date (1) you have one or more outstanding Loans with or through us on that date and (2) you are current on all such Loans without any outstanding past due balances (each, a “Qualifying Birthday”).  The number of Rewards Points you earn for each Qualifying Birthday depends on your Customer Level Qualification and is set forth below under “How We Calculate Rewards Points.”  We will credit Rewards Points earned on Qualifying Birthdays to your account with 5 business days from the date of your Qualifying Birthday.

Earning Rewards Points through Referrals.  You can also earn Rewards Points for each person you refer to us who receives a Loan from or through us (each, a “Referral”).  To earn a Referral, (1) the referred person must originate a Loan from or through us and make at least one successful payment on the Loan; and (2) indicate that you made the Referral by emailing us at [email protected] , texting to 63591 or calling us at 800-986-3017 to inform us of the referral, or having your referral provide us with your name during the application process. The number of Rewards Points you earn for each Referral depends on your Customer Qualification Level and is set forth below under “How We Calculate Rewards Points.”  We will credit Rewards Points earned on Referrals to your account within 5 business days from the date the first successful payment on the Referral Loan is received.

Additional Promotions. From time to time, we may offer additional promotions for you to earn Rewards Points.  All Rewards Points you earn from such promotions will be subject to these Rewards Program Terms and any additional terms and conditions set forth in the promotion.

How We Calculate Your Rewards Points

We calculate the number of Rewards Points you earn for each individual Rewards Event based on your Customer Level Qualification on the date the Rewards Event occurs.  This means that if a Rewards Event qualifies you for a new Customer Level Qualification, we will still calculate your Rewards Points based on your previous Customer Level Qualification.  The current Rewards Points calculation for each Customer Level Qualification and Rewards Event is set forth below:

You may view your Rewards Points balance at any time online via the customer portal at www.getgreen123.com, by e-mailing us at [email protected] or calling us at 1-800-986-3017.  All Rewards Points credited to you are subject to our right to review and correct Rewards Points as set forth below.

Redeeming Rewards

You can redeem Rewards Points for (1) electronic gift cards from certain retailers (“E-Gift Cards”); (2) to make a payment on a Loan; or (3) any additional purposes we may make available from time to time. To request redemption of Rewards Points, visit us online via the customer portal at www.getgreen123.com, e-mail us at [email protected] or call us at 1-800-986-3017.  The Rewards Points will be deducted from your Rewards Points balance on your account as of the date of the request.  All Rewards Points redemptions are final once we have processed your redemption request.

Redemption for E-Gift Cards.  You can redeem Rewards Points for E-Gift Cards in 5-point increments with each Rewards Point equal to $1 of redemption value as to the applicable E-Gift Card.  For example, you can redeem 15 Rewards Points for a $15 E-Gift Card from a participating retailer.  You must have a valid e-mail address on file with us to receive an E-Gift Card; all E-Gift Cards will be delivered to this e-mail address.  You should receive the E-Gift Card within 7 business days from the date of your redemption request.  We will not replace any lost or stolen E-Gift Card, and we are not liable for any unauthorized charges to or use of an E-Gift Card.  We have no affiliations with any retailer offering E-Gift Cards in connection with the Rewards Program.  All trademarks are the property of their respective owners.

For a list of currently participating retailers, please visit Portal.getgreen123.com This list is subject to change.  You may only redeem Rewards Points for an E-Gift Card from a participating retailer at the time you redeem the Rewards Points.  We reserve the right, in our sole discretion, to substitute a similar E-Gift Card provider or a similar E-Gift Card offering at any time and without notice.  We do not guarantee the availability of an E-Gift Card from any particular retailer.  Your use of an E-Gift Card is governed by the terms of the applicable E-Gift Card and/or any applicable terms established by the retailer issuing the E-Gift Card.  We are not responsible for any problems you may have with an applicable retailer, and any question about your use of E-Gift Cards should be directed to the applicable retailer.

Loan Payments.  You can also redeem Rewards Points to make one-time payments on the outstanding balance of a Loan (a “Loan Payment”).  When you use Rewards Points to make a Loan Payment, they will be applied in 1-point increments with each Rewards Point equal to $1 of value when applied to the outstanding balance.  For example, if you redeem 15 Rewards Points it will count as a $15 payment to the outstanding balance of your Loan.  We will typically apply any Loan Payment to the outstanding balance of your Loan as set forth in the applicable loan agreement or Consumer Agreement.  You must schedule Loan Payments using Rewards Points to occur on a regularly scheduled payment due date[(a “Due Date”); however, a Loan Payment must be requested at least [3 business days] before any given Due Date for the Loan Payment to occur on that Due Date.]  [Please be aware that, unless you and we agree otherwise, you cannot rely on a Loan Payment using Rewards Points made on a Due Date to satisfy the payment obligation associated with that Due Date or otherwise reduce the amount of future payment obligations. For example, if you must make a total of 12 payments and you schedule a Loan Payment using Rewards Points to occur on your second Due Date, (1) you must still pay the scheduled amount associated with your second Due Date; and (2) you will still owe a regular payment on your third Due Date (but that extra payment will likely reduce the amount of interest you pay and may reduce or eliminate your 12th scheduled payment).]

Limits on Earning and Redeeming Rewards Points; Expiration

General Limitations

We reserve the right to terminate or suspend your use of any Rewards Points, your Customer Level Qualification or participation in the Rewards Program generally if, in our sole discretion, (1) we suspect fraud, a violation of the Consumer Agreement or these Rewards Program Terms or a violation of applicable law or (2) your account is charged off, becomes delinquent or is otherwise placed in collections.  Rewards Points are not transferrable and cannot be sold, transferred or assigned to another person.

Rewards Points expire one year after the date they are credited to your account.. Rewards Points cannot be earned for Loans paid prior to the implementation of the Rewards Program on 8/10/22.

Limitations on Redemption of E-Gift Cards.

If any of the following apply to you or your Loan account at the time you make a redemption request, then you will only be able to redeem Rewards Points to make a payment on your Loan (i.e., you will be unable to redeem Rewards Points for an E-Gift Card): (1) you have a past due balance on an outstanding Loan or (2) you are working with a debt consolidation program.

Corrections and Disputes

We reserve the right to review your records, including the circumstances of the origination of your Loan, Loan payment history and/or the circumstances of any Referral, for compliance with the Consumer Agreement, these Rewards Program Terms and applicable law.  In the event our review reveals any discrepancy in the Rewards Points credited to you, your Customer Qualification Level or any other benefits or rewards under these Rewards Program Terms, we may correct such discrepancy by (1) crediting or deducting Rewards Points from your account; (2) increasing or decreasing your Customer Qualification Level; (3) taking any other action we deem necessary to ensure the accuracy of your account.  For example, if, after Rewards Points are credited to your account as a result of a Paid Loan, your Final Payment is returned for any reason (including for insufficient funds, stopped payment or fraud), we may deduct the credited Rewards Points from your account.  Your Rewards Points balance may become negative in the event you use Rewards Points, and we later make a correction due to a discrepancy.

It is your responsibility to regularly monitor your Rewards Points balance and your Customer Level Qualification.  If you believe that you are eligible for Rewards Points that have not been credited to you, that you received Rewards Points that were calculated incorrectly or that your Customer Level Qualification is incorrect, you must report the possible error to us promptly, but no later than 14 calendar days after a Rewards Event or an adjustment to your Customer Level Qualification.  You can submit a Rewards Program dispute by e-mailing us at [email protected] or calling us at 1-800-986-3017.  To help us resolve any errors, we may require you to submit additional documentation regarding your dispute.  After this 14 calendar-day period, your Rewards Program status and any Rewards Points balance as shown in our records shall be deemed accurate, except that we may correct Rewards Points, your Customer Level Qualification or other benefits if warranted in our sole discretion pursuant to these Rewards Program Terms.

If (1) we fail to credit, improperly deny, or improperly reverse Rewards Points to which you are entitled; (2) fail to properly adjust your Customer Level Qualification; or (3) fail to properly adjust or otherwise address any other benefit under these Rewards Program Terms, then, subject to applicable law, your only remedy will be the issuance of the improperly denied or reversed Rewards Points calculated in accordance with these Rewards Program Terms or an adjustment to your Customer Level Qualification or other benefit under these Rewards Program Terms. Neither we nor any of our affiliates will have any other or additional liability to you or any other person whatsoever for any such errors.

Changes to Rewards Program; Termination of Rewards Program

We reserve the right, in our sole discretion, to amend, delete or add to these Rewards Program Terms at any time.  Changes may include, but are not limited to, how we determine your Customer Level Qualification, the method used to calculate Rewards Points, your redemption options or the redemption values.  We will post any such changes to these Rewards Program Terms at www.getgreen123.com.  We may also provide notice to you of such changes via e-mail to any e-mail address we have on file for you.  It is your responsibility to review these Rewards Program Terms for any such changes.

We reserve the right to suspend or terminate the Rewards Program and these Rewards Program Terms at any time in our sole discretion and without advance notice to you.  Rewards Point or other benefits under these Rewards Program Terms cannot be earned after the date we terminate the Program; however, you may still be able to redeem Rewards Points or other benefits.

Termination and/or Suspension of Your Participation in the Rewards Program

It will be considered a misuse of the Rewards Program if we identify any:

  • Potentially fraudulent, abusive or suspicious activity with respect to the Rewards Program or your Loan.
  • Gaming behavior; or
  • Violation of the terms of your Consumer Agreement or these Rewards Program Terms.

Any misuse of the Rewards Program is a violation of these Rewards Program Terms and may result in:

  • The forfeiture of any Rewards Points;
  • The suspension or termination of your ability to earn or redeem Rewards Points or other benefits under these Rewards Program Terms;
  • Loss of your Customer Level Qualification; or
  • Disqualification from the Rewards Program.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR PARTICIPATION IN, AND THE TRANSACTIONS UNDER, THE REWARDS PROGRAM OR THESE REWARDS PROGRAM TERMS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE REWARDS PROGRAM TERMS SHALL NOT EXCEED THE ACTUAL VALUE OF ANY REWARDS NOT PROPERLY CREDITED.

Disclaimers

THE REWARDS PROGRAM, REWARDS AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE REWARDS PROGRAM OR ANY CONTENT, NOR DO WE REPRESENT OR WARRANT THAT DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE REWARDS PROGRAM, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR USING OR PARTICIPATING IN THE REWARDS PROGRAM WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS OR REQUIREMENTS.  ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE REWARDS PROGRAM’S INOPERABILITY, UNAVAILABILITY, DOWNTIME OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, AVAILABILITY, OR RELIABILITY OF THE INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE REWARDS PROGRAM. YOUR USE OF OR PARTICIPATION IN THE REWARDS PROGRAM IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall indemnify, defend, and hold us and our affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) in connection with, arising out of or resulting from your participation in the Rewards Program or your violation of these Rewards Program Terms or any applicable law, rule or regulation.  We reserve the right to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you will assist and cooperate with us in defending such action.  You agree not to settle any such matter without our prior written consent.

Severability

Except as set forth in the Jury Trial Waiver and Arbitration Clause of the Consumer Agreement, if any provision of these Rewards Program Terms are invalid or unenforceable under any law, rule or regulation, it shall not affect the validity or enforceability of any other provision of the Reward Program Terms.

Governing Law

The laws of the state set forth in your Consumer Agreement will govern these Rewards Program Terms. However, any dispute arising out of these Rewards Program Terms will be subject to the Jury Trial Waiver and Arbitration Clause of the Consumer Agreement, which is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

Other Important Information You Should Know

Rights to Rewards Points.  You acknowledge and agree that we have sole discretion in the administration of this Rewards Program and that you have no rights to any Rewards Points unless and until such Rewards Points are credited to you, subject to our right to review and correct Rewards Points.

Rewards Activity.  We serve as the final record of your activity in connection with the Rewards Program.  In the event there is a discrepancy between your records and ours, the information in our records shall be deemed correct.

Taxes.  You are solely responsible for determining what, if any, taxes apply in connection with your participation in the Rewards Program and it is your responsibility to report and remit the correct tax to the appropriate tax authority.

Survival.  You agree and understand that all provisions of these Rewards Program Terms, which by their nature extend beyond the termination of the Rewards Program Terms, including, but not limited to, sections pertaining to termination and/or suspension, remedies for breach and disputes, shall survive the termination of these Rewards Program Terms.

Question about the Rewards Program?  For any questions about the program, please contact us at [email protected] or 800-986-3017.