To complete your transaction with us, you must electronically sign this Agreement by clicking the “I Agree” button at the end of the Agreement, as well as all other “I Agree” buttons that appear within the Agreement. We will use commercially reasonable efforts to effect a credit entry by transferring the proceeds from this Agreement into the bank account listed below in the ECheck/ACH Authorization (“Your Bank Account”) on the Disbursement Date above. Unavoidable delays as a result of bank holidays, the processing schedule of your bank, the untimely receipt of pay stubs, if such pay stubs are required, inadvertent processing errors, “acts of God”, and/or “acts of terror” may extend the time for the deposit. If the disbursement is delayed, the Disbursement Date will automatically adjust to reflect the date when proceeds entered your Bank Account.
You promise to pay us the Total of Payments according to the terms of our disclosures set forth below on the dates stated in the Payment Schedule below (“Payment Dates”). You grant us a security interest in your ECheck/ACH Authorization in the amount of the Total of Payments (the “ECheck/ACH “) which we may negotiate on the Payment Date or thereafter. Pursuant to the ECheck/ACH Authorization, you have directed us to initiate an ECheck/ACH debit entry to your bank account for the Total of Payments on the Payment Date or thereafter and for certain fees that may be assessed in the event of dishonor when presentment is made to your bank on your ECheck/ACH Authorization.
CONSENT TO ELECTRONIC COMMUNICATIONS
The following terms and conditions govern electronic communications in connection with this Agreement, the transaction evidenced hereby and any communications relating to the transaction (the "Consent"). By electronically signing this Agreement by clicking the "I AGREE" button below, you are confirming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records. You agree that:
- Your consent applies not only to the application and any resulting extension of credit but also to any payment plan or other ancillary agreement related to your extension of credit and any application for a future extension of credit.
- To electronically receive, view, save or print the Disclosures, you must have: (1) a personal computer with Internet access; (2) a widely-used, recent-generation web browser (for example, Microsoft Edge, Google Chrome, Safari or Firefox); (3) a widely used, recent-generation portable document file reader (for example, Adobe Reader); (4) an email address; and (5) either a printer, hard drive or other storage devices.
- You may contact us by phone at
to: (i) obtain a paper copy of any communication at no charge; (ii) withdraw your consent to receive information electronically, or (iii) change the email address at which you will receive communications from us. There are no conditions, consequences, or fees associated with withdrawing your consent other than that we would no longer communicate with you electronically.
By signing below, you voluntarily authorize us, and our successors and assigns, to initiate automatic credit and debit entries to your bank account ("Your Bank Account"). You agree that we will disburse your Cash Advance proceeds to you by initiating a credit entry to Your Bank Account in the amount of the Cash Advance proceeds you are entitled to receive.
You agree that we will initiate a debit card charge to Your Bank Account for the corresponding Payments on the Payment Dates. If you do not have sufficient available and collected funds in Your Bank Account as of the business day before the Payment Date and on the Payment Date, to cover the Total of Payments (or if Your Bank Account is closed or if we do not have the correct identifying information for Your Bank Account), the initial ECheck/ACH debit entry may be returned unpaid or dishonored. If the initial ECheck/ACH debit entry is returned unpaid or dishonored for any reason after we first present it for payment, you agree that we may represent the initial debit entry for payment by re-presenting the total amount that remains due (not including any applicable NSF charge described below) in one or more separate debits (not to exceed two debits) totaling not more than the total amount then due (not including any applicable NSF charge as described below.) If all or any portion of the first re-presentment is returned or dishonored, you agree that we may again re-present the total amount that remains due (not including any applicable NSF charge described below) in one or more separate debits (not to exceed two debits) totaling not more than the total amount then due (not including any applicable NSF charge as described below). If we attempt more than one debit in connection with any re-presentment, you agree that we may, but we are not obligated to, initiate such debits at different times and on different days. We will not attempt to re-present the total amount due (whether such re-presentment is attempted in one or multiple debits) more than twice or more than 180 days following the return or dishonor of the initial ECheck/ACH debit entry, and if we attempt a re-presentment using multiple debits, no individual debit will be for an amount less than the lesser of $50.00 or the total amount that remains due.
You have the right to receive notice of all transfers varying in amount. By signing this ACH Authorization you acknowledge that we have elected to offer you a specified range of amounts for debiting (in place of providing the notice of transfers in varying amounts). The amount of any ACH debit will range from (i) the lesser of $50.00 or the total payment amount that remains due (not including any applicable NSF charge as described below), to (ii) the total payment amount that remains due, as provided in the Agreement plus as applicable, any other charges
you may owe under the Agreement (not including any applicable NSF charge as described below).
If there are insufficient funds on deposit in Your Account to effect an ECheck/ACH debit entry on the Payment Date, you agree to pay us a dishonored ACH charge of $25 for amounts $50 or less, $30 for amounts $51 - $300, $40 for amounts over $300. , under Fla. Stat. § 68.065, except that we will not be entitled to collect treble damages. If the initial ECheck/ACH debit entry for the NSF charge is returned unpaid for insufficient or uncollected funds, you agree that we may re-present the initial debit entry for payment of the NSF charge. We will not attempt to represent the NSF charge more than once or more than 45 days following the return or dishonor of the initial ECheck/ACH debit entry for the Total of Payments on the Payment Date. You will only owe us one NSF charge if the initial ECheck/ACH debit entry for the Total of Payments on
the Payment Date is returned unpaid or dishonored because of insufficient available or uncollected funds, regardless of whether we attempt one or two representants of that initial ECheck/ACH debit entry and regardless of how many separate debits we choose to use when
we attempt any such representant. However, your bank may charge you fees for each ACH debit entry we submit that is returned unpaid or dishonored for any reason, if and to the extent such fees are allowed under the agreement between you and your bank concerning Your Bank
You authorize us to verify all of the information that you have provided, including past and/or current information. You agree that the initial debit entry authorized herein is for repayment of 15 consecutive payments .You may revoke this authorization by calling
at least two business days before your Payment Date.
If your payment is returned to us by your financial institution due to insufficient funds or a closed account, you agree that we may recover court costs and reasonable attorney's fees incurred by us.
You will be in default under this Cash Advance Agreement if you do not timely pay us the agreed-upon amount or your ECheck/ACH is not honored on or after the Payment Due Date.
For purposes of this Arbitration Provision, the word “Claim” has the broadest possible meaning and includes, without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your application, any past agreement or agreements between you and us, service obtained from us and any advice, recommendations, solicitations,
communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims, cross-claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c) all common law claims, based upon contract,
tort, fraud, or other intentional torts; (d) all claims based upon a violation of any local, state or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities if you assert a Claim against such other persons and entities in connection with a Claim you assert against us; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any nonpublic personal information about you.
Notwithstanding the foregoing, the word “Claim” does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply to (1) any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court; or (2) any disputes that are the subject of a class action filed in court that is pending as of the effective date of thi.
CLASS ACTION WAIVER
Notwithstanding any other provision of this Arbitration Provision, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with Claims of any other persons. No arbitrator shall have the authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this
Arbitration Provision. If the Class Action Waiver is limited, voided, or found unenforceable, then the parties’ Arbitration Provision (except for this sentence) shall be null and void concerning such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action
Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
FEES AND COSTS
At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). We will not seek reimbursement of such fees from you even if we prevail in the arbitration. Also, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administrator’s rules or that we are required to pay for this Arbitration Provision to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses, and experts to the extent permitted by this Agreement, the administrator’s rules or applicable law. With respect to Claim(s) asserted by you in individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we
must bear such fees and costs in order for this Arbitration Provision to be enforced. At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision.