4. 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.
5. 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.
6. 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.
7. WAIVER OF JURY TRIAL AND ARBITRATION PROVISION.
Arbitration is a process in which persons with a
dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b)
agree, instead, to submit their disputes to a neutral third person (an "arbitrator") for a decision. Each party to the dispute has
an opportunity to present evidence to the arbitrator. Arbitration proceedings are private and less formal than court trials, and are to allow for an efficient, streamlined procedure to resolve a dispute. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision.
a. For purposes of this Waiver of Jury Trial and Arbitration Provision (hereinafter the "Arbitration Provision"), the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to this Customer Agreement (including the Arbitration Provision), the information you gave us before entering into this Customer Agreement, including the Customer Information Sheet, and/or any past Customer Agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute, ordinance, rule, or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities, or assignees (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as "Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you.
b. You further acknowledge and agree that by entering into this Arbitration Provision:
- i. YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
- ii. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
AND
- iii. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
c. Except as provided in Paragraph 6 below, all disputes, including any Representative Claims, against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
d. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any established national arbitration organization, such as the American Arbitration Association (1-800-778-7879) http://www.adr.org, any regionally or locally recognized arbitration organization, or any disinterested individual who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate pursuant to such arbitrator's rules with regard hereto. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select an individual arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization or your desire to select an individual arbitrator. If you fail to notify us, then we have the right to select an arbitration organization or disinterested individual arbitrator. The parties to such dispute will be governed by the rules and procedures of such arbitration organization or individual arbitrator applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Customer Agreement or the Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization or individual arbitrator chosen.
e. Regardless of who demands arbitration, at your request we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys' fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law of Utah consistent with the FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence, or within 30 miles from such county, or in the county in which the transaction under this Customer Agreement occurred, or in such other place as shall be ordered by the arbitrator. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by Utah statute or law, the arbitrator may award statutory damages and/or reasonable attorneys' fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction.
f. Notwithstanding the foregoing, all parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration pursuant to this Arbitration Provision. Any appeal or other review of a judgment from a small claims tribunal shall be resolved by binding arbitration pursuant to this Arbitration Provision. If you choose to submit your claims to a small claims tribunal rather than arbitrate as provided herein, you must give us written notice by certified mail return receipt requested of your intent and advising us of the claims you are making.
g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction then our agreement to arbitrate shall be governed by the arbitration law of the State of Utah.
h. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any part of this Arbitration Provision is held invalid for any reason, the remainder shall remain in full force and effect.
8. Consent For Electronic Records
Please read this information carefully and, for future reference, either print a copy of this document or retain this information electronically.
1. Introduction : I am submitting a credit application to Lender. Lender can give me the benefits of its online service only if I consent to use and accept electronic signatures, electronic records, and electronic disclosures in connection with this transaction (my “Consent”). By completing and submitting an online credit application (my “Application”), I acknowledge that I have received this document and have consented to the use of electronic signatures, electronic records, and electronic disclosures in connection with this transaction (collectively “Records”).
2. Electronic communications : I may request a paper copy of any Record by emailing Lender at:support@ezpaydaycash.com. I may request a paper copy even if I withdraw my Consent. Lender will retain the Records as required by law and will provide me with a paper copy of any Record at no charge.
3. Consenting to do business electronically : Before giving my Consent, I should consider whether I have the required hardware and software capabilities described below.
4. Scope of consent : My Consent and our agreement to conduct this transaction electronically only apply to this transaction. If Lender receives my Consent, then Lender will conduct this transaction with me electronically.
5. Hardware and software requirements : To access and retain the Records electronically, I will need to use the following computer software and hardware: An IBM or MAC compatible computer with Internet access and an Internet Browser that meets the following minimum requirements: Mozilla Firefox 1.5 or later versions or Microsoft Internet Explorer 5.01 or later versions. Also, the specific Internet Browser must support at least 128 bit encryption. To read some documents, I will need a PDF file reader like Adobe Acrobat Reader. If at any time during this transaction these requirements change in a way that creates a material risk that I may not be able to receive Records electronically, Lender will notify me of these changes.
6. Withdrawing consent : I may withdraw my Consent at any time and at no charge to me. If I withdraw my Consent prior to receiving the credit transaction, then my withdrawal will prevent me from obtaining an on-line credit transaction (i.e., a credit transaction obtained over the Internet). To withdraw my Consent, I must e-mail Lender at: support@ezpaydaycash.com. Note, however, that the withdrawal of my Consent will not affect the legal effectiveness, validity, or enforceability of the credit transaction or of any Records that I received electronically prior to such withdrawal (including but not limited to the Waiver of Jury Trial and Arbitration Provision, each set forth above).
7. Change to my contact information : I must keep Lender informed of any change in my e-mail address or my ordinary mail address. To update my address information, I will e-mail Lender at support@ezpaydaycash.com .
Use Of SMS Messaging and Cell Phone : Lender may send me SMS (“text”) messages regarding my account, including reminders, notifications and collection communications, at my mobile phone number disclosed on my application. I understand that my mobile number will only be used to contact me regarding my account or for the other purposes authorized by this agreement and will not be shared or used for any other purpose. Lender’s service will not charge me to receive or reply to text messages that you receive from Lender. However, I understand that my mobile carrier may charge their standard text message rates. In order to opt out of receiving such messages, I may notify Lender by texting “STOP” from my mobile device, or I may opt out by sending written instructions to Lender via email or regular mail. I expressly authorize Lender to place calls to my cell phone, including auto-dialed calls or calls containing prerecorded messages, in connection with the collection of any amounts due from me.
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 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 the 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.
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.
If you have any questions, please
contact us.