5/14/2008 11:58:45 PM
 
 
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DISCLOSURE

TERMS OF SERVICE    

REGISTERED BY THE UTAH STATE DEPARTMENT OF FINANCIAL INSTITUTIONS

NOTICE

This service and website is an invitation to send us a loan application, not an offer to make a loan.  We are registered with Utah's Department of Financial Institution.  If you submit this application via the internet to us, we will receive and process it the same as if you submitted it to us in person thereby making Utah the place of negotiation, execution and performance of all applications and/or agreement. We are registered and authorized to make deferred deposit loans through our operation as a Utah-based lender.  If we approve your application, the funds will be disbursed from our account in Utah.  Our loans are governed by Utah law and you are subjecting yourself to the laws of the State of Utah for purposes of any application and/or agreement with us.  Utah law governing consumer loan agreements may differ from the laws of the state where you reside.  Applicant is responsible for complying with all statutory obligations regarding obtaining loans by internet that may exist in their state of residence.  If you do not want to enter into a loan agreement subject to Utah law, please do not apply.  This service may or may not be available in your particular state.


****Loans are NOT available to residents of Georgia, Colorado, Kansas, and Washington****

WARNING

A cash advance is intended as a short-term cash flow tool. It is not designed as a solution for longer-term financial problems.

We allow up to two (2) rollovers or extensions of the term of a cash advance. The loan may not be rolled over beyond the twelve (12) weeks after the day on which the deferred deposit loan is executed. The loan must be paid in full prior to issuance of a new cash advance.

Prepayment: If you payoff this loan early, you will not have to pay a prepayment penalty, and you may be entitled to a refund of part of the finanace charge.

Terms And Conditions

In this Deferred Presentment Agreement ("Agreement"), the words "you or your" mean the customer identified on front of agreement. The words "Us", "We", and "Our" mean EZPaydaycash.

1. Acceptance

As set forth herein, you accept the terms and conditions as outlined in this Agreement by authorizing us to cash your check(s) in the State of Utah . This Agreement is confirmation of our agreement including the terms, which were available to you in writing at our office, on our website located at www.ezpaydaycash.com and verbally from one of our operators prior to the completion of the transaction. You may have chosen to purchase other unattached and distinctive goods or services from us, including money transmittal, wiring services, electronic billing and payment, check creation and printing, invoicing, postage, and/or other goods or services. The purchase of such goods or services constitute(s) a separate transaction(s) from check cashing for which you were provided notice that these is/may be an additional charge.

2. Jurisdiction

This transaction shall be governed in accordance with the laws of the State of Utah without regard to its conflicts of law principles, regardless of the order in which the parties agree.

The Agreement shall be deemed executed at our place of business in Utah as designated herein. Your acceptance of our service after the period of expiration of the options in paragraph 5 confirms your prior acceptance of this Agreement and to jurisdiction located within the State of Utah . 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. You and we agree that each party in any such action is to bear its own attorneys fees, costs and expenses of such litigation regardless of whether such fees and costs are provided for under any applicable law or statute. The codes, statutes and laws of the State of Utah govern this entire transaction.

3. Venue

Acceptance of this Agreement by us is deemed to have taken place in the State of Utah . The parties agree to have any conflict about this Agreement between the parties resolved in the State of Utah as outlined herein.

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 laws of the State of Utah .

5. Rescission of Payday Loan

You can rescind the loan without cost or further obligation to us, if you return the loan amount provided on or before 5:00 PM the next business day following the Loan Funding Date. For example, if you complete a payday loan at 4:00 PM on Thursday, you have until 5:00 PM on Friday to rescind the agreement.

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 EZPaydaycash. 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 EZPaydaycash 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.
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