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Notice: A short term loan provides
the cash needed to meet an immediate short-term cash
flow problem. It is not a solution for longer term financial
problems for which longer term financing may be more
appropriate. You may want to discuss your financial
situation with a nonprofit financial counseling service
in your community. You will be charged additional fees
if you renew the loan.
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 Borrow
Cash Instantly 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
55405-0191." 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.
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 to remove you as a
participant in the suit. You agree to pay the costs
we incur, including our court costs and attorney's 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.
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