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Terms of Use

 

1. YOU AGREE TO THESE TERMS

These Terms of Use ("Terms") are a legally binding agreement between you and Floorplan Xpress, LLC, an Oklahoma limited liability company (“Floorplan Xpress,” "Company," "we," "us," or "our"). These Terms govern your access to and use of the Floorplan Xpress website, dealer portal and app, and related online services that display or link to these Terms (the “Services”). Please read these Terms carefully before using our Services.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference.

If you do not agree to these Terms, do not access or use our Services.

These Terms apply to all visitors, users, and others who access or use the Services. Use of the Services to apply for floor plan financing is governed by these Terms as well as any separate Floor Plan Agreement you enter into with us.

2. YOU AUTHORIZE US TO ACCESS YOUR INFO

You grant to us an irrevocable, worldwide, royalty-free license to any information you provide through the Services. You authorize us to use this information, content, or other information to provide the Services, or for other permissible business purposes, at no cost to us.

3. YOUR REPRESENTATIONS

The Services are intended for use by licensed auto dealers and their authorized representatives located in the United States. By using the Services, you represent and warrant that:

  • you are at least 18 years of age;
  • you are accessing the Services from within the United States;
  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
  • you have the legal authority to bind yourself or the business entity on whose behalf you are acting; and
  • your use of the Services does not violate any applicable law or regulation.

4. PERMITTED USE

You may access and use the Services for lawful purposes related to exploring, applying for, or managing Floorplan Xpress floor plan financing services. Specifically, you may:

  • browse informational content about our products and services;
  • submit contact and inquiry forms;
  • complete and submit a floor plan financing application;
  • access your dealer portal account or app to manage your floor plan; and
  • use tools such as the Floor Plan Cost Calculator for informational purposes.

Calculator disclaimer: The Floor Plan Cost Calculator uses publicly available industry-average rate ranges for educational purposes only. Results are estimates and do not constitute a quote or offer from Floorplan Xpress.

5. ACCOUNT SECURITY

If you are provided access to a dealer portal account or any other secure area of the Services, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must:

  • keep your username, password, and any other access credentials confidential — do not share them with any other person or entity;
  • prohibit any other person to access the Services using your credentials (your account is personal to you);
  • ensure that all persons accessing the Services through your internet connection are aware of and comply with these Terms; and
  • notify us immediately of any unauthorized use of your account or any other breach of security at risk@floorplanxpress.comor (405) 972-6948.

We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may be held liable for losses incurred by Floorplan Xpress or others due to unauthorized access resulting from your failure to keep credentials secure.

6. PROHIBITED CONDUCT

You agree not to do any of the following while using the Services:

  • violate any applicable federal, state, or local law or regulation;
  • submit false, misleading, or fraudulent information in any application or form;
  • impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • interfere with, disrupt, or circumvent the security or functionality of the Services or its infrastructure;
  • use the Services in any way that interferes with their normal operation;
  • attempt to gain unauthorized access to any account, system, or network;
  • transmit any malware, viruses, or other harmful code;
  • scrape, crawl, or use automated means to collect data from the Services without our written permission;
  • use the Services for any purpose competitive with Floorplan Xpress without our written consent;
  • engage in activity that infringes upon the rights of others, including our or any third party’s intellectual property rights or rights pertaining to privileged, confidential, proprietary, or trade-secret information; or
  • engage in any conduct that could damage, disable, or impair the Services or inhibit users’ enjoyment of the Services or cause them harm.

We reserve the right to suspend or terminate access for any user who violates these Terms or engages in conduct we determine, in our sole discretion, to be harmful to the Services, our users, employees, or our business.

Accessing the Services from territories where their contents are illegal or unlawful is prohibited.

7. INTELLECTUAL PROPERTY

The Services and all of its content — including text, graphics, logos, images, illustrations, photographs, videos, software, tools, and the overall design — are owned by or licensed to Floorplan Xpress, LLC and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

Copying or distributing any material or content from the Services without our specific prior written approval is strictly prohibited. Additionally, any use that constitutes an

infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.

Floorplan Xpress® is a registered trademark. Unauthorized use of our trademarks or service marks is prohibited.

8. USER CONTRIBUTIONS

The Services may allow you to submit, post, or transmit information, feedback, or other content ("User Contributions") through contact forms, the dealer portal, or other interactive features. Any User Contribution you submit will be considered non-confidential and non-proprietary.

By submitting a User Contribution, you grant Floorplan Xpress, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose such content to third parties for any purpose consistent with our Privacy Policy.

You represent and warrant that:

  • you own or control all rights in and to the User Contributions you submit;
  • all information you provide is accurate, current, and not misleading; and
  • your User Contributions do not violate these Terms, any applicable law, or any third-party rights.

You are solely responsible for the legality, accuracy, and appropriateness of any content you submit. We are not responsible for the content of User Contributions submitted by you or any other user.

9. THIRD-PARTY LINKS

The Services may contain links to third-party websites or services, including auction partner sites, industry resources, and payment platforms. These links are provided for convenience only. We do not control, endorse, or assume any responsibility for the content, privacy practices, or terms of any third-party site.

Your interactions with third-party sites are governed by those sites' own terms and privacy policies. We encourage you to review them before providing any personal information.

10. DISCLAIMERS

THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ACCESS THE SERVICES AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOORPLAN XPRESS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLOORPLAN XPRESS, LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THE SERVICES.

FLOORPLAN XPRESS, LLC DISCLAIMS ANY AND ALL WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANTTHE ACCURACY,COMPLETENESS, RELIABILITY, SECURITY, USEFULNESS OR TIMELINESS OF ANY CONTENT ON THE SERVICES, INCLUDING CALCULATOR ESTIMATES, RATE RANGES, OR INFORMATIONAL MATERIALS.

THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY WITH REGARD TO ANY WEBSITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED (“LINKED WEBSITE”). WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE CAPABILITIES, QUALITY, CONTENT, OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. YOUR USE OF LINKED WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS FOR SUCH WEBSITES.

CALCULATOR OUTPUTS, RATE RANGE REFERENCES, AND ANY OTHER FINANCIAL ESTIMATES ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE A QUOTE, COMMITMENT, OR OFFER OF CREDIT. ACTUAL RATES, FEES, AND TERMS ARE PERSONALIZED BASED ON YOUR DEALER PROFILE AND ARE COMMUNICATED DIRECTLY BY A FLOORPLAN XPRESS REPRESENTATIVE.

THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOORPLAN XPRESS, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGARDLESS OF THE LIMITATION OF LIABILITY DISCLAIMERS IN THIS SECTION, IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Floorplan Xpress, LLC, its affiliates, officers, directors, employees, agents, and service providers from and against any claims, proceedings, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to or stemming from your use of the Services. This includes:

  • your violation of these Terms and any other policies incorporated into this agreement;
  • your violation of any applicable law or regulation;
  • your infringement of any intellectual property or other right of anyone;
  • any information you submit to us that is false, inaccurate, or misleading; or
  • any claim that your use of the Services harmed a third party.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

Your failure to comply with the provisions of this Section may result in the termination of your access to the Services and may expose you to civil or criminal liability

13. TCPA / SMS CONSENT

You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from us, our affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you with informational updates about services or products you may have requested. By providing your phone number and checking the SMS consent checkbox on our contact or application forms, you expressly consent to receive such communications from or on behalf of Floorplan Xpress, LLC regarding your inquiry, application status, and account-related communications. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to us, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions provided in our communications to you.

Not all mobile devices or handsets may be supported by this service. Floorplan Xpress and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from us.

How to Opt Out. You may opt out of SMS communications at any time by replying “STOP” to any message we send. You may also contact us directly at risk@floorplanxpress.com or (405) 972-6948 to update your communication preferences.

How to Request Help. Reply “HELP” to any message for assistance, or contact us at the information below.

14. FAIR CREDIT REPORTING ACT (FCRA) DISCLOSURE

FCRA Disclosure. If you submit a floor plan financing application through the Services, your acceptance of these Terms constitutes your acknowledgment, authorization, consent, and agreement for Floorplan Xpress, LLC to obtain, share, and use consumer reporting information in connection with evaluating your application.

Specific Authorizations. By submitting an application, each applicant authorizes Floorplan Xpress to:

  • obtain and share credit and other information relating to the applicant from and with credit bureaus, financial institutions, and trade creditors;
  • obtain the applicant's consumer credit report;
  • contact any third parties to disclose or verify information that may be in Floorplan Xpress's possession;
  • disclose information contained within the application to our subsidiaries, affiliates, or parent companies for purposes of evaluating and servicing the floor plan.

Voluntary Nature of Authorization. You understand that you are not obligated to provide this authorization as a condition of any other transaction. However, by submitting an application, you voluntarily agree that consumer reports and related information may be obtained and used as described above in connection with evaluating and servicing your floor plan. If you have questions concerning this authorization and consent you may contact us using any of the methods listed in the “Contact Us” section of these Terms.

Adverse Action Notice. If your application is declined in whole or in part based on information in a consumer report, Floorplan Xpress will provide the adverse action notice required under the Fair Credit Reporting Act, including the name and contact information of the consumer reporting agency that provided the report.

You may view, download and print out a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act by clicking here.

15. WE RESERVE OUR RIGHTS

Any rights not expressly granted herein are reserved and retained by Floorplan Xpress, LLC or its licensors, suppliers, or other service providers.

16. WE MAY TERMINATE THESE TERMS WITHOUT NOTICE

We may terminate these Terms or suspend or limit the Services or use of the Services immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms. Upon termination, you will cease use of the Services.

17. GOVERNING LAW AND JURISDICTION

Governing Law. These Terms and any dispute arising out of your use of the Services shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions.

Jurisdiction and Venue. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts located in Oklahoma County.

Personal Jurisdiction. You irrevocably consent to the personal jurisdiction and venue of such Oklahoma courts.

18. TIME LIMITATION ON CLAIMS

Any cause of action or claim arising out of or relating to these Terms or your use of the Services must be commenced within one (1) year after the cause of action accrues. Claims not brought within this period are permanently barred.

19. YOU WAIVE ANY JURY TRIAL OR CLASS ACTION RIGHTS

WITH RESPECT TO ANY DISPUTE WITH FLOORPLAN XPRESS, LLC OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR CONTRACTORS, ARISING OUT OF OR RELATING TO OUR SERVICES OR THESE TERMS, YOU HEREBY (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

20. WAIVER AND SEVERABILITY

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights. If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.

21. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any applicable Floor Plan Agreement, constitute the entire agreement between you and Floorplan Xpress regarding your use of the Services and supersede all prior agreements, representations, and understandings.

22. CHANGES TO THESE TERMS

We may revise these Terms from time to time at our sole discretion. When we make changes, we will update the "Last Revised" date at the top of this page. For material changes, we will provide additional notice, such as a homepage notice or an email to registered users.

Your continued use of the Services after the revised Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services. Please check this page frequently for updates.

23. CONTACT US

Questions about these Terms, requests to report misuse of the Services, or other legal inquiries should be directed to:

Floorplan Xpress, LLC

2900 S Telephone Road, Suite 220 Moore, OK 73160

(405) 972-6948

risk@floorplanxpress.com

floorplanxpress.com/contact/

Business hours: Monday–Thursday 8:30 AM–5:00 PM (all time zones) · Friday 8:30 AM–3:00 PM (all time zones)

Updated May 2026