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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, Zip Cash
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 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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