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Disclosure
LICENSED
BY THE DELAWARE STATE DEPARTMENT OF FINANCIAL INSTITUTIONS
NOTICE
This advertisement
is an invitation to send us a deferred presentment application,
not an offer to provide you a deferred presentment. We are a Delaware
based company. If you send a deferred presentment application
to us, we will receive and process it in the State of Delaware
the same as if you submitted it to us in person at our office.
We only make deferred presentments at our office in the State
of Delaware. If we approve your application, the funds will be
disbursed from our account in the State of Delaware. Our deferred
presentments are governed by laws of the State of Delaware. The
laws of the State of Delaware governing consumer deferred presentment
agreements may differ from the laws of the state where you reside.
If you do not want to enter into a deferred presentment agreement
subject to the laws of the State of Delaware, you should apply
for a deferred presentment at a provider located in the state
where you live. This service does not constitute an offer or solicitation
for short-term loan. The states this site services may change
from time to time without notice. All aspects and transactions
on this site will be deemed to have taken place in our office
in the State of Delaware, regardless of where you may be viewing
or accessing this site.
WARNING
A cash advance
is intended as a short-term cash flow tool. It is not designed
as a solution for longer-term financial problems.
We allow up
to two (2) rollovers or extensions of the term of a cash advance.
The loan may not be rolled over beyond the twelve (12) weeks after
the day on which the deferred deposit loan is executed. The loan
must be paid in full prior to issuance of a new cash advance.
Terms
and Conditions
In this Deferred
Presentment Agreement ("Agreement"), the words "you
or your" mean the customer identified on front of agreement.
The words "Us", "We", and "Our"
mean Speedy-paydayloans.
1. Acceptance
As set forth
herein, you accept the terms and conditions as outlined in this
Agreement by authorizing us to cash your check(s) in the State
of Delaware. This Agreement is confirmation of our agreement including
the terms, which were available to you in writing at our office,
on our website located at www.ezpaydaycash.com and verbally from
one of our operators prior to the completion of the transaction.
You may have chosen to purchase other unattached and distinctive
goods or services from us, including money transmittal, wiring
services, electronic billing and payment, check creation and printing,
invoicing, postage, and/or other goods or services. The purchase
of such goods or services constitute(s) a separate transaction(s)
from check cashing for which you were provided notice that these
is/may be an additional charge.
2. Jurisdiction
This transaction
shall be governed in accordance with the laws of the State of
Delaware without regard to its conflicts of law principles, regardless
of the order in which the parties agree.
The Agreement shall be deemed executed at our place of business
in Delaware as designated herein. Your acceptance of our service
after the period of expiration of the options in paragraph 5 confirms
your prior acceptance of this Agreement and to jurisdiction located
within the State of Delaware. Further, if any provision(s) of
the Arbitration Clause is/are found invalid, you agree that all
actions or proceedings arising directly or indirectly, from this
Agreement shall be litigated in such courts and consent that valid
service of process may be made by certified or registered mail,
to you at your address set forth herein or as may otherwise be
designated hereafter by you in writing, and service so made shall
be complete two days after delivery as aforesaid. You and we agree
that each party in any such action is to bear its own attorneys
fees, costs and expenses of such litigation regardless of whether
such fees and costs are provided for under any applicable law
or statute. The codes, statutes and laws of the State of Delaware
govern this entire transaction.
3. Venue
Acceptance
of this Agreement by us is deemed to have taken place in the State
of Delaware. The parties agree to have any conflict about this
Agreement between the parties resolved in the State of Delaware
as outlined herein.
4. Electronic
Presentment of Funds
You agree
to the electronic presentation by us of any funds owed and to
the re-presentation of any presentations that are returned to
us for any reason. Such electronic re-presentation may be for
less than the original amount owed us or in any increments totaling
the amount due including the maximum permissible non-sufficient
funds fees charged by us in accordance with laws of the State
of Delaware.
5. Cancellation
You have the
right within three (3) business days of receiving this Agreement
and receipt of any funds or goods, to return the funds and/or
goods to us if you do not accept the terms as outlined in this
Agreement by one of the following methods:
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Mail
Return the funds and/or goods by U.S. Certified Mail, Return
Receipt Requested, postage prepaid. You must mail to us a request
in writing stating your wish to cancel the check cashing transaction
and return any other goods or services together with a certified
or cashiers check in the total amount of the funds received
from the us, less any mailing charges. Any deviation hereof
shall be deemed an invalid cancellation.
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Facsimile
Return the funds by faxing a request within forty-eight hours
of receipt of the Agreement and any funds or services. Fax a
written request to rescind the check cashing and request for
the funds to be electronically withdrawn from your account.
You must also mail via U.S. Certified Mail, Return Receipt Requested,
postage prepaid a copy of the faxed request and must also return
any goods purchased. Any deviation hereof shall be deemed an
invalid cancellation.
6. 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.
7. 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 Speedy-paydayloans.
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.
8. 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.
9. Arbitration
Notwithstanding
any other provisions in this agreement, both parties agree that
all disputes, claims, or controversies between the parties to
this Agreement, including all disputes, claims, or controversies
arising from or relating to this Agreement, no matter by whom
or against whom, including the validity if this Agreement and
the obligations and scope of this arbitration clause, shall be
resolved by and under the Code of Procedure of the National Arbitration
Forum (NAF). This arbitration agreement is made pursuant to a
transaction in interstate commerce, and shall be governed by the
Federal Arbitration Act at 9 U.S.C. Section 1. The parties agree
and understand that they choose arbitration instead of litigation
to resolve disputes. The parties understand that they have a right
or opportunity to litigate disputes through a court, but that
they prefer to resolve their disputes through arbitration, except
as provided herein. THE PARTIES WOULD HAVE HAD A RIGHT OR OPPORTUNITY
TO LITIGATE DISPUTES THROUGH A COURT BUT HAVE AGREED TO RESOLVE
DISPUTES THROUGH BINDING ARBITRATION, EXCEPT THAT THE LENDER MAY
CHOOSE AT LENDER'S SOLE OPTION TO SEEK COLLECTION OF PAYMENT(S)
DUE IN COURT RATHER THAN THROUGH ARBITRATION. THE PARTIES VOLUNTARILY
AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL EITHER
PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT
ACTION BY LENDER. The parties agree and understand that all disputes
arising under case law, statutory law, and all other laws, including,
but not limited to, all contract, tort, and property disputes
will be subject to binding arbitration in accord with this contract.
Rules and form of the NAF may be obtained and all claims shall
be filed at any NAF office or at P.O. Box 50131, Minneapolis,
MN 55405. Any arbitration hearing, if one is held, will take place
at a location near your residence. Your arbitration fees will
be waived by the NAF in the event you cannot afford to pay them.
10. 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 Speedy-paydayloans consent to obtain information
on you from a consumer reporting agency or other various means
available. You understand Speedy-paydayloans 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.
11. 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.
12. Definitions
All terms
used herein are to be defined in accordance with codes, statutes
and laws of the State of Delaware.
Truth In Lending
Federal
Truth in Lending Act (T.I.L.A) Disclosure
Regulation
B in Federal Law prohibits the consideration of Age, Sex,
Race, Ethnicity, Gender, National Origin, or Handicap as a basis
for making anyone a loan (as in our cash advance). Speedy-paydayloans,
through its website does not discriminate based on any of these
factors. In addition Speedy-paydayloans will not enter into or maintain
vendor/reciprocal information service type relationships with
anyone who does not conform to these anti-discriminatory practices.
Regulation
Z in Federal Law requires the full disclosure of all costs
and terms associated with any credit purchase or transaction (such
as this cash advance) and further requires that the costs associated
with the transaction be expressed as an annual percentage rate
of interest or A.P.R. Below all costs, terms and rates associated
with the Speedy-paydayloans cash advance program are given.
Pursuant to
Delaware Law, the services provided for cashing a check are considered
a Deferred Presentment Loan, and as such, all fees are defined
accordingly. In the event this transaction is within the broad
scope of 15 U.S.C. §1601 et seq., we are providing you with
the Truth in Lending Disclosures set forth below solely for your
information. This document is for disclosure purposes only and
does not affect the character of the fee or transaction under
Delaware Law.
Speedy-paydayloans
provides short-term cash advances in which your check is held
for deposit until your next payday, unless your next payday is
less than 7 days away. In this case your check will be held until
your second payday. The maximum advance term is 30 days.
With a cash
advance you are charged a flat fee no matter when your advance
is repaid (subject to the 30 day maximum term). Because the fees
are fixed per advance amount, the Annual Percentage Rate (APR)
will vary depending on the number of days that pass between the
date you receive your advance and the day your check is deposited.
You may be entitled to a prorated refund depending on the date
of payment.
Although cash
advances are for short-term needs and are intended to be paid
off quickly, various Truth-in-Lending laws require financing disclosures
to be expressed as an Annual Percentage Rate (APR), or the cost
of the credit advanced to you expressed as an annual rate. This
requirement provides uniformity among various credit sources,
so you can compare rates and make the choice that is right for
you.
Speedy-paydayloans
charges $30 per $100 advanced to you. This financing fee is shown
in the annual percentage rate calculations below.
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