|
All applications, transactions, credit decisions and your account shall be governed by all applicable Federal laws and all laws of the jurisdiction in which the Lender is located, regardless of which state you may reside, and you consent to the exclusive exercise of regulatory and adjudicatory authority by the jurisdiction in which the Lender is located over all matters related to this Note and your account, forsaking any other jurisdiction which either party may claim by virtue of its residency. The funds will be disbursed from our account. This service does not constitute an offer or solicitation for short term loans in all states. This service may or may not be available in your particular state. The states serviced may change from time to time without notice. Regardless of where you may be viewing or accessing this site, you as the borrower are responsible for complying with any local statutory obligations that may exist in your state or area with respect to this transaction. The Federal laws and laws of the jurisdiction in which the Lender is located governing this consumer loan agreement may differ from the laws of the state where you reside. If you do not want to enter into a consumer loan agreement with us under our terms, then you should apply for a loan at a provider located in the state where you live. All aspects and transactions on this site will be deemed to have taken place at our location, and will be deemed to be regulated by all applicable federal laws and the laws and regulations of the jurisdiction in which the Lender is located.
Warning
A Payday Loan is intended as a short-term cash flow tool. It is not designed as a solution for longer-term financial problems.
Terms and Conditions
In your Loan Agreement the words "you" or "your" mean the customer identified on front of agreement. The words "Us," "We," and "Our" mean the Lender.
1. Acceptance
As set forth herein, you accept the terms and conditions as outlined in this Agreement by authorizing us to make you a loan under federal laws and the laws of the jurisdiction in which the Lender is located. This Agreement is confirmation of our agreement including the terms which were available through our designated servicer, and on our website located at www.paydaycashadvanceloans.biz prior to the completion of the transaction.
2. Jurisdiction
Both parties agree this Agreement shall be deemed executed at the lender's location without regard to its conflicts of law principles, regardless of the order in which the parties agree, and shall be governed in accordance with federal laws and laws of the jurisdiction in which the Lender is located, forsaking any other jurisdiction which either party may claim by virtue of its residency. Your acceptance of our service after the period of expiration of the options in paragraph 5 confirms your prior acceptance of this Agreement and confirms the exclusive adjudicatory authority of the jurisdiction in which the Lender is located. Further, if any provision(s) of the Arbitration Clause is/are found invalid, you agree that all actions or proceedings arising directly or indirectly, from this Agreement shall be litigated in such courts and consent that valid service of process may be made by certified or registered mail, to you at your address set forth herein or as may otherwise be designated hereafter by you in writing, and service so made shall be complete two days after delivery as aforesaid. All applicable Federal laws and laws of the jurisdiction in which the Lender is located govern this entire transaction.
3. Venue
Acceptance of this Agreement by us is deemed to have taken place at lender's location, and in accordance with federal laws and laws of the jurisdiction in which the Lender is located. Both parties agree to have any conflict about this Agreement between the parties resolved in the Lender's venue as outlined herein, forsaking any other venue which either party may claim by virtue of its residency.
4. Electronic Presentment of Funds
You agree to the electronic presentation by us of any funds owed and to the re-presentation of any presentations that are returned to us for any reason. Such electronic re-presentation may be for less than the original amount owed us or in any increments totaling the amount due including the maximum permissible non-sufficient funds fees charged by us in accordance with our Loan Note and Disclosure, and federal laws.
Further, by submitting the application form, the customer authorizes us or our designated servicer, and the customer's current verified financial institution (even if the financial institution and/or account numbers are different than those on the original application) to initiate debit (ACH or bank draft) and credit entries as necessary when an original ACH transaction is returned unpaid or unable to complete. The customer authorizes us or our designated servicer and/or assigned collection agency to submit ACH and/or bank draft debits for partial payments to allow full repayment of the cash advance and any/all associated fees to be completed. The customer authorizes us or our designated servicer to make both debit and credit entries, to and from any bank account of the customers at any institution, from time to time, for fixed and variable amounts, including recurring transactions and point-of-sale transactions, according to the terms of the customer's agreement. The customer understands and agrees that we or our designated servicer do not need to notify the customer prior to any recurring debit entry for a fixed amount, or prior to any point-of-sale debit entry initiated by the customer, or prior to any credit item.
5. Cancellation
You have the right within 24 (twenty-four) hours of receiving this Agreement and receipt of any funds or goods, to return the funds and/or goods to us if you do not accept the terms as outlined in this Agreement by the following method:
A. Facsimile Return the funds by faxing a request within twenty-four hours of receipt of the Agreement and any funds or services. Fax a written request to rescind the loan and request for the funds to be electronically withdrawn from your account.
6. Class Action
AGREEMENT NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, by signing below you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or remove you as a participant in the suit. You agree to pay the costs we incur, including our court costs and attorneys' fees, in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring, join or participate in class action suits is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which you are applying.
7. Documentation
You agree that electronic mail, electronic forms, records, photocopies, and/or facsimile copies of the documents you submit are valid and enforceable as the original. Further, you agree that by verbal consent in person or by phone, typing your name as your electronic signature, or any other manner or method of acceptance as outlined herein constitutes an acceptance of all terms and conditions of the Agreement for which will be deemed valid and binding on all parties to this Agreement.
8. Arbitration
AGREEMENT TO ARBITRATE ALL DISPUTES: By signing below and to induce us to process your application for a loan, you and we agree that any and all claims, disputes or controversies that we or our servicers or agents have against you or that you have against us, our servicers, agents, directors, officers and employees, that arise out of your application for one or more loans, the Loan Agreements that govern your repayment obligations, the loan for which you are applying or any other loan we previously made or later make to you, this Agreement To Arbitrate All Disputes, collection of the loan or loans, or alleging fraud or misrepresentation, whether under the common law or pursuant to federal or state statute or regulation, or otherwise, including disputes as to the matters subject to arbitration, shall be resolved by binding individual (and not class) arbitration by and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. This Agreement To Arbitrate All Disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web at www.arb-forum.com, or at "National Arbitration Forum, P.O. Box 50191, Minneapolis, Minnesota 55405." If you are unable to pay the costs of arbitration, your arbitration fees may be waived by the NAF. The cost of a participatory hearing, if one is held at your or our request, will be paid for solely by us if the amount of the claim is $15,000 or less. Unless otherwise ordered by the arbitrator, you and we agree to equally share the costs of a participatory hearing if the claim is for more than $15,000 or less than $75,000. Any participatory hearing will take place at a location near your residence. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered by any party in any court having jurisdiction. This Agreement To Arbitrate All Disputes is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which you are applying. NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
9. Electronic Signature/Verbal Consent
By agreeing to this application, you understand and agree to all terms and conditions of this Agreement and by submitting the online information application by Internet or by phone, you are applying for a cash advance and certify that information provided by you is true and correct under penalty of perjury. You agree that upon submission of your electronic signature or verbal consent by phone, you are not presently involved in, or contemplating bankruptcy now or in the future. You authorize us to verify the information in this application and hereby give the Lender consent to obtain information on you from a consumer reporting agency or other various means available. You understand that the Lender reserves the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of due diligence of applicant. In order to process this application, you understand verification of the information you have provided is necessary, including, but not limited to, employment and bank account verification. You accept personal responsibility for safeguarding any PIN or CUSTOMER NUMBER that might be assigned to you.
10. Assignment
We hereby reserve all rights and power to assign any of our interests in the Agreement to any successor, assignor or purchaser for value without notice or your consent.
11. Definitions
All terms used herein are to be defined in accordance with codes, statutes and federal laws of the United States.
12. Equal Credit Opportunity Act Fair Lending Notice
Regulation B: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is Federal Trade Commission Equal Credit Opportunity Washington, D.C. 20580.
13. Schedule of Charges
Regulation Z in Federal Law requires the full disclosure of all costs and terms associated with any credit purchase or transaction (such as this cash advance) and further requires that the costs associated with the transaction be expressed as an annual percentage rate of interest or APR. Below all costs, terms and rates associated with our cash advance program are given.
The chart below represents illustrative examples of the cost of a loan to the borrower. If you have any questions, or would like more information, please ask. Make certain the questions that you ask are answered. Make certain you understand the term and costs of you loan.
14. Promise to Pay
You promise to pay us the Amount Financed, the Finance Charge and other permitted charges according to the Federal Truth-In-Lending Disclosures. You acknowledge and agree that you are indebted to us in the amount of the Total of Payments, and that the amounts set forth in the Federal Truth-In-Lending Disclosures are not in dispute.
You have made promise to pay us or to our order, (per your signature, electronic or otherwise, on original advance application of Master Agreement) in one payment on the date indicated in the payment schedule, or if extended payment request was submitted and processed, the total of payments on or after the next date your cash advance comes due. You authorize us to effect this payment by one or more ACH debits and or demand bank draft debit entries to your account of your financial institution (bank or credit union) until this cash advance comes due. You authorize us to effect this payment by one or more ACH debits and or demand bank draft debit entries to your account of your (bank or credit union) financial institution until this cash advance note is paid in full. You have confirmed that you are not in bankruptcy proceedings, nor do you contemplate or plan on filing bankruptcy in the future.
You promise to keep open and maintain an adequate balance in your account to assure all payments are made to us in a timely manner on the scheduled due date(s), until this cash advance note is paid in full.
You understand if at anytime your account becomes delinquent, we or our designated servicer will follow the Fair Debt Collection Practices Act during attempts of repayment of your loan.
15. 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 our web sites and systems including but not limited to unauthorized entry into our 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 us the Lender and/or its affiliates and designated servicers.
16. Links
This site may contain links to web sites controlled or offered by third parties (affiliates and non-affiliates of ours).We hereby disclaim 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, we do not endorse or recommend any products or services offered or information contained at that web site, nor are we liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of ours and the third party website may provide less security than our sites.
17. No Warranty
The information and materials contained in this site, including text, graphics, links or other items are provided "as is", "as available". We, the lender, do not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. 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.
18. Limitation of Liability
In no event will we 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 we, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
19. USA Patriot Act
Pursuant to requirements of Federal law, including the USA PATRIOT Act, we may obtain information and will take necessary action to verify your identity.
By submitting the application form, you understand and agree to all terms and conditions of this Master Agreement and by submitting the online information application by Internet, you are applying for a cash advance and certify that information provided by you is true and correct under penalty of perjury. You agree that upon submission of your electronic signature, you are not presently involved in, nor contemplating bankruptcy now or in the future. you authorize us to verify the information in this application and hereby give us the lender consent to obtain information on you from a consumer reporting agency or other various means available. You understand that the Lender reserves the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of due diligence of applicant. In order to process this application, You understand verification of the information you have provided is necessary, including, but not limited to, proof of residence, employment and bank account verification. You accept personal responsibility for safeguarding any PIN or CUSTOMER NUMBER that might be assigned to you.
|
