6. Non-Check Cashing
Charges
Charges for services and goods other
than Check Cashing are separate and distinct from any
charge that may be incurred by you for check cashing.
These charges may include wire fees, electronic billing
and payment, check creation and printing, invoicing,
postage, and/or other goods or services.
7. Class Action
You agree, to the extent permitted by
law, that You will not bring, join, or participate in
any class action or multi-plaintiff action as to any
claim, dispute, or controversy You may have against
PaydayLoanAdvice. You agree to the entry of injunctive
relief to stop such a lawsuit or to remove yourself as a
participant in the suit. This agreement does not
constitute a waiver of any of your rights and remedies
to pursue a claim individually as outlined
herein.
8. 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.
9. Arbitration
Notwithstanding any other provisions in
this agreement, both parties agree that all disputes,
claims, or controversies between the parties to this
Agreement, including all disputes, claims, or
controversies arising from or relating to this
Agreement, no matter by whom or against whom, including
the validity if this Agreement and the obligations and
scope of this arbitration clause, shall be resolved by
and under the Code of Procedure of the National
Arbitration Forum (NAF). This arbitration agreement is
made pursuant to a transaction in interstate commerce,
and shall be governed by the Federal Arbitration Act at
9 U.S.C. Section 1. The parties agree and understand
that they choose arbitration instead of litigation to
resolve disputes. The parties understand that they have
a right or opportunity to litigate disputes through a
court, but that they prefer to resolve their disputes
through arbitration, except as provided herein. THE
PARTIES WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO
LITIGATE DISPUTES THROUGH A COURT BUT HAVE AGREED TO
RESOLVE DISPUTES THROUGH BINDING ARBITRATION, EXCEPT
THAT THE LENDER MAY CHOOSE AT LENDER'S SOLE OPTION TO
SEEK COLLECTION OF PAYMENT(S) DUE IN COURT RATHER THAN
THROUGH ARBITRATION. THE PARTIES VOLUNTARILY AND
KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL
EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR
PURSUANT TO A COURT ACTION BY LENDER. The parties agree
and understand that all disputes arising under case law,
statutory law, and all other laws, including, but not
limited to, all contract, tort, and property disputes
will be subject to binding arbitration in accord with
this contract. Rules and form of the NAF may be obtained
and all claims shall be filed at any NAF office or at
P.O. Box 50131, Minneapolis, MN 55405. Any arbitration
hearing, if one is held, will take place at a location
near your residence. Your arbitration fees will be
waived by the NAF in the event you cannot afford to pay
them.
10. 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 my 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 PaydayLoanAdvice consent to
obtain information on you from a consumer reporting
agency or other various means available. You understand
EZPaydaycash 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.
11. 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.
12. Definitions
All terms used herein are to be defined
in accordance with codes, statutes and laws of the State
of Utah.
For questions or complaints, call the
Utah Department of Financial Institutions at
(801)
538-8830.
If you have any questions,
please contact
us.
