| The fee charged for a deferred deposit
transaction is a service fee and not interest. This disclosure is
provided to you pursuant to the Federal Truth and Lending Act,
15 U.S.C. 1601 ET SEQ., and the regulations promulgated
thereunder, in particular regulation Z., 12 CFR part 226.
The service fees charged for the deferred deposit transaction are
included in the calculation of an annual percentage rate. This
document is for disclosure purposes only and does not
affect the fees of this transaction under California
law.
I AGREE TO THE ARBITRATION
THE PARTIES AGREE TO THE FOLLOWING ADDITIONAL TERMS AND
CONDITIONS THAT ARE MADE PART OF THIS AGREEMENT.
WAIVER OF JURY TRIAL AND
ARBITRATION AGREEMENT:
Arbitration is a process in
which persons with a dispute (a)
waived their rights to file a
lawsuit and proceed in court 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. Because the parties to
the dispute select the
arbitrator, they are responsible
for paying the arbitrator. Each
party to the dispute has an
opportunity to present some
evidence to the arbitrator.
Pre-arbitration discovery may be
limited. Arbitration proceedings
are private and less formal than
court trials. The arbitrator
will issue a decision resolving
the dispute. The arbitrator's
decision is final and binding
upon the parties, and may be
enforced as a court judgment. A
court rarely overturns an
arbitrator's decision.
THEREFORE, YOU ACKNOWLEDGE AND
AGREE AS FOLLOWS:
- For purpose of this
agreement, the words
"dispute" and "disputes" are
given the broadest possible
meaning and include, without
limitation (a) all federal
and state law claims,
disputes or controversies
arising resulting directly
or indirectly to the
Applicant/Personal
information From (the
"Application") This
Agreement (including this
submission provision and the
fees charged). Or any prior
agreement or agreements
between you and us: (b) all
counter claims, cross-claims
and third-party claims; (c)
all common law claims based
upon contract text fraud and
other intentional texts; (d)
all claims based upon a
violation of any state or
federal constitution statute
or regulation; (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, as a private
attorney general, as a
representative and/or member
of a claim of persons, or in
any other representative
capacity, against us and/or
any of our employees,
agents, members, managers,
officers, shareholders,
directors, trustees or
affiliated untitled (besides
collectively referred to as
"related third-parties").
Including claims for money
damages and/or equitable if
injunctive relief.
- Except as to provided in
paragraph 4 below, all
disputes, including the
validity of this arbitration
provision shall be resolved
by this binding arbitration.
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 of
the following arbitration
organizations to administer
the arbitration; the
American Arbitration
Association
(1-800-778-7879), J. A. M.
S./Endispute
(1-800-626-5267), or
National Arbitration Forum
(1-800-474-2371). However,
the parties may agree to
select a local arbitrator
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. Any
arbitration hereunder shall
be before a panel of at
least three neutral
arbitrators. The party
receiving notice of
arbitration will respond in
writing by certified mail
return receipt requested
within (20) twenty 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 a local
arbitrator. If we or related
third party demand
arbitration, you must notify
us within (20) twenty days
in writing by certified mail
return receipt requested of
your decision to select an
arbitration organization or
your desire to select an
arbitrator. If you fail to
notify us, then we have the
right to select an
arbitration organization.
The parties to such dispute
will be governed by the
rules and procedures of such
arbitration organization
applicable to consumer
disputes, to the extent
these rules and Procedures
do not contradict the
express terms of this
Agreement, including the
limitations of the
arbitrator below. You may
obtain a copy of the rules
and procedures by contacting
the arbitration organization
at the toll free number
listed above. The parties
agree that any action
regarding any controversy
between the parties shall be
brought by arbitration, as
described herein, but shall
not be pursued
simultaneously in different
or alternative forms. A
written notice of intent to
arbitrate pursuant to this
agreement stays and/or
abating any and all action
in a trial court, save and
except a hearing on the
motion to compel arbitration
and/or the entry of an order
compelling arbitration and
staying and/or abating the
litigation pending the
filing of the final award of
the arbitrators. All
reasonable and necessary
attorney's fees and all
travel costs shall be
awarded to the prevailing
party on the motion to
compel arbitration and must
be paid to such party within
ten (10) days of the signing
of the order compelling
arbitration.
- If we, or a related
third party demand
arbitration, we will advance
all of the arbitration
organization's filing or
hearing fees. If you demand
arbitration, upon your
written request to us, we
will advance all of the
arbitrations organization’s
filing or hearing fees.
Thereafter, payment if the
arbitration organization's
fees and expenses, including
the arbitrators fees, shall
be governed by the rules if
the arbitration organization
selected. Each party shall
bear his or her own costs
and expenses including
attorney's fees that the
party incurs throughout the
arbitration. At the close of
the arbitration proceeding,
the arbitrators, or a
majority of them may divide
between or among the parties
the expenses associated with
the arbitration, including
(if allowed by applicable
lax or agreement) attorney's
fees. The arbitrator shall
apply substantive law
consistent with the federal
arbitration act 9 U. S. C.
Sections 1-18 ("FAA"), and
applicable statutes of
limitation. The arbitrator
shall honor claims of
privilege recognized at law,
and the timely request of
any party, shall provide a
written explanation for the
award. The arbitrator may
decide, (by document only)
with or without a hearing,
any motion, which is
substantially similar to a
motion to dismiss for
failure to state a claim, or
a motion for summary
judgment. In the conduction,
the arbitration proceedings,
the arbitrator shall not
apply any federal or state
rules of civil procedures or
evidence 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. 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
agreement occurred, or in
such place as shall be
ordered by the arbitrator.
Failure to disclose all
facts, which might to an
objective observer create a
reasonable impression of the
arbitrator's partiality, and
material errors of law,
shall be grounds (in
addition to all others) for
vacate of an award rendered
pursuant to this agreement.
The award of the
arbitrators, or a majority
of them, shall be final, and
judgment upon the award
rendered may be entered in
any court, state or federal,
having jurisdiction. The
arbitrator award shall be in
writing and specify the
factual and legal bases for
the award. Upon the request
of any party, the award
shall include findings of
fact and conclusions of law.
Neither the parties or the
arbitrators may disclose the
existence, content, or
results of any arbitration
hereunder without prior
written consent of all
parties and/or court order.
- All parties, including
related third parties, shall
retain the right to seek
adjudication in small claims
tribunal for disputes within
the scope of such tribunal's
jurisdiction. Any disputes,
which cannot be adjudicated
within the jurisdiction of a
small claims tribunal, shall
be resolved by binding
arbitration. Any appeal of a
judgment from a small claims
tribunal shall be resolved
by binding arbitration.
- "You acknowledge and
agree that by entering into
this agreement:" (A) YOU ARE
WAIVING YOUR RIGHT TO HAVE A
TRIAL BY JURY TO RESOLVE ANY
DISPUTE ALLEGED AGAINST US
OR RELATED THIRD PARTIES:
(B) YOU ARE WAIVING YOUR
RIGHT TO HAVE A COURT, OTHER
THAN A SMALL CLAIMS
TRIBUNAL, RESOLVE ANY
DISPUTE ALLEGED AGAINST US
OR RELATED THIRD PARTY: AND
(C) YOU ARE WAIVING YOUR
RIGHT TO SERVE AS A
REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR ANY
OTHER REPRESENTATIVE
CAPACITY, OR TO PARTICIPATE
AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT
FILED AGAINST US AND/OR
RELATED PARTIES.
- The parties acknowledge
that this agreement
evidences a transaction
involving Interstate
Commerce. The Federal
Arbitration Act shall govern
the interpretation,
enforcement, and proceedings
pursuant to the Arbitration
clause of this agreement.
Our agreement to arbitrate
is made pursuant to the
Federal Arbitration Act. 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
this agreement was made.
THIS WAIVER OF A JURY TRIAL
AND ARBITRATION AGREEMENT is
binding upon and benefits
you, your representative
heirs, successors, and
assignees.
This arbitration provision is
binding upon and benefits us and
related parties. This
arbitration provision continues
in full force and effect, even
if your obligations have been
paid or discharged through
bankruptcy. This 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 expressly agree in
writing. NOTICE: by your
signature in the space below you
acknowledge that you have read,
understand, and agree to the
Terms and Conditions.
"ADDITIONAL TERMS AND CONDITIONS
OF THIS AGREEMENT." Including
the provisions on "WAIVER OF
JURY TRIAL AND ARBITRATION
AGREEMENT."
NOTE: IT IS
IMPORTANT THAT YOU READ THIS
CONTRACT BEFORE YOU SIGN IT.
I AGREE TO THE ARBITRATION
**CUSTOMER PRIVACY NOTICE**
We receive non-public
personal information about you
as a customer from the following
sources: your application, loan
documents, sales documents, your
transactions with us, our
affiliates and consumer
reporting agencies. We do not
disclose any non-public personal
information about our customers
to anyone, except for our
affiliates and as permitted by
law. We restrict access to
non-public personal information
about you to those employees who
need to know that information to
provide product or services to
you. We maintain safeguards
which restrict access to your
non-public personal information. |