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FOR A $100.00 LOAN, YOUR CAB PAYMENTS ARE $56.00.

Please read and sign the loan documents below.

SUPPLEMENTAL CREDIT SERVICES DISCLOSURE STATEMENT

NOTE: For security purposes, we record your IP Address 54.204.202.221
 
SUPPLEMENTAL CREDIT SERVICES DISCLOSURE STATEMENT
 
Customer/Buyer: 
Transaction Number: 0
 
In this Credit Services Disclosure Statement (“Disclosure Statement”), the words “Customer,” “Buyer,” “you” and “your” mean the person or persons identified under the heading “Customer/Buyer” above. The words “Seller,” “we,” “us,” “our,” and “CAB” mean C1 Finance, LLC dba Cash 1. We are a registered and bonded Texas Credit Services Organization and a licensed Credit Access Business operating pursuant to Chapter 393 of the Texas Finance Code (“Chapter 393”). Our principal place of business is 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024. Our agent in Texas authorized to receive service of process is: Corporation Service Company dba CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin, TX 78701. “Lender” means @LENDER_ENTITY. “Agreement” means the Credit Access Services Agreement between you and us that will govern any credit services you receive from us. “Note” means the Promissory Note between you and Lender that will govern any loan you receive from Lender. This Supplemental Credit Services Disclosure Statement supplements the information provided to you in the Preliminary Credit Services Disclosure Statement.
 
DESCRIPTION OF OUR SERVICES:  We are not a lender or a credit repair organization. We will not improve your credit record, credit history or credit rating, nor will we provide any advice or assistance to you with regard to any such activity. If we are successful, for the fee set forth below, we will (1) work to obtain a loan (the “Loan”) from Lender in the amount and for the term set forth below beginning after you receive statutory disclosures; (2) issue a letter of credit (“LOC”) to secure the Loan; (3) assist in preparing and completing documents necessary to obtain the Loan; and (4) collect and service the Loan and remit payments to Lender. We do not promise that you will actually receive a Loan. All credit decisions will be made by Lender. Our services to you will end no later than 180 days after the date of this Agreement. YOU WILL NOT OWE US ANY FEE IF YOUR LOAN APPLICATION IS DENIED OR YOU CHOOSE NOT TO ACCEPT ANY LOAN THAT IS APPROVED FOR YOU.
 
YOU UNDERSTAND THAT THE LOAN AND SERVICES WE PROVIDE MAY NOT BE AT THE LOWEST RATES OR ON THE BEST TERMS AVAILABLE. AN ADVANCE OF MONEY OBTAINED THROUGH A PAYDAY LOAN IS NOT INTENDED TO MEET LONG-TERM FINANCIAL NEEDS. A PAYDAY LOAN SHOULD ONLY BE USED TO MEET IMMEDIATE SHORT-TERM CASH NEEDS. REFINANCING THE LOAN RATHER THAN PAYING THE DEBT IN FULL WHEN DUE WILL REQUIRE THE PAYMENT OF ADDITIONAL CHARGES. YOU SHOULD CONSIDER OTHER OPTIONS AVAILABLE TO YOU.
 
PAYMENT TERMS; OUR FEES:  If you obtain a Loan through us from Lender, you must pay the CAB fee payments set forth in the following Payment Schedule. Your final payment represents the Lender interest, Loan principal, and final CAB fee, which is due on @MaturityDate (the “Due Date”), as set forth below:
 
Payment Schedule
 
Payment Date Amount   Payment Date Amount   Payment Date Amount   Payment Date Amount   Payment Date Amount
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
 
 
Total scheduled CAB fees accordingly amount to $0.00. Together with the Amount Financed of $100.00 and scheduled interest of $0.00 under the Note (computed at a rate of 10% per annum), the total payments under this Agreement and the Note amount to $0.00. Payment must be sent by approved, official, certified or cashier’s check or money order to our address specified above. Alternatively, you may pay pursuant to the separate Optional Electronic Payment Authorization which will be presented to you. All payments will be applied in the following order: (i) uncollected CAB fees and expenses, (ii) other applicable fees, if any, (iii) interest, then (iv) principal. You have the right to make payments in any amount in advance at any time. Any payment on the Loan you make in care of us will be binding on Lender.
 
YOU MAY PREPAY THE LOAN IN WHOLE OR IN PART AT ANY TIME WITHOUT PENALTY. PREPAYMENT IN FULL WILL REDUCE YOUR INTEREST CHARGES AND CAB FEES. YOU CAN MAKE PREPAYMENTS AS SET FORTH IN THE PRECEDING PARAGRAPH. ALSO, YOU CAN OBTAIN FROM US AND SIGN A SEPARATE OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION PROVIDING FOR PERIODIC PREPAYMENTS ON THE LOAN.
 
Our CAB fee is $56.00 per CAB payment period, and is posted on the first day of each CAB payment period. If you prepay your Loan in full or in part before the Due Date, you will not receive a refund or credit for CAB fees previously paid or due to us. However, no liability for CAB fees will accrue after prepayment of the Loan in full. Our CAB fees are not interest under Texas law but they are finance charges under the Federal Truth in Lending Act (“TILA”) and are factored into the annual percentage rate (“APR”) under TILA, which will be 0%. In addition to the CAB fees, you agree to pay us a $30.00 returned payment fee if any debit card payment, check or Automated Clearinghouse (“ACH”) payment to us fails because your account contains insufficient funds or has been closed. We will not charge more than one returned payment fee on any payment no matter how many times we present your check for payment or attempt to process your ACH or debit card payment, and will not charge more than one returned payment fee on any payment if it is rejected because your account is closed. If you make a combined payment of amounts due under the Note and this Agreement and the payment is returned, you will owe a single returned payment fee to us (and no returned payment fee to Lender). Any past due amounts you owe to us would bear interest at the rate of 10% per annum from the date due until paid. In addition, Lender charges: Interest at ten percent (10%) per annum; and a late charge equal to the greater of 5% of the payment amount or $7.50 if the payment is in default for a period of ten (10) or more days.
 
 
 
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LOC AND OBLIGATION TO REIMBURSE:  If you obtain a Loan through us from Lender, we will issue the LOC in favor of Lender and keep the LOC in force provided that you are current in payment of your CAB fees. If you default on a CAB fee payment, we have the right but not the obligation to cancel the LOC as to you, though it remains irrevocable as to Lender in accordance with its terms. The LOC will remain in force during any period where you are in an active default repayment plan with Lender after the Due Date per the terms of the Note. You have no right to defer payment of your CAB fees. The LOC will be in a form satisfactory to both Lender and us, in an amount sufficient to cover the principal, interest and fees payable or potentially payable on the Loan. You agree to repay us, with simple interest at a rate of 10% per annum, any amounts paid by us on the LOC, immediately upon our performance under the LOC. The LOC will expire: (1) 210 days from the date of the Loan; (2) when the Loan is paid in full or refinanced; (3) when we make payment under the LOC; or (4) when we cancel the LOC due to non-payment of your CAB fees, whichever is earliest. If you timely exercise your right to cancel this Agreement, the LOC shall be automatically revoked and shall have no further effect.
 
YOUR RIGHT TO ASSERT A CLAIM AGAINST OUR SURETY BOND:  In accordance with Chapter 393, we have filed a surety bond in the amount of $10,000.00 in favor of persons damaged by a violation of Chapter 393, and in favor of the State of Texas for the benefit of such persons. Subject to other applicable law, a person making a claim against the surety bond for a violation of Chapter 393 may file suit against us and the surety. The surety’s liability is limited to actual damages, reasonable attorneys’ fees, and court costs awarded under Section 393.503, but the surety’s aggregate liability for your claim and all other claims may not exceed the amount of the bond. By law, we are required to maintain the surety bond until the second anniversary of the date on which we cease operations. The name and address of our surety is: Hartford Casualty Insurance Company, One Hartford Plaza, Hartford, CT 06155.
 
INFORMATION ABOUT CONSUMER REPORTING AGENCIES AND YOUR RIGHTS:  If you obtain an extension of credit from a third-party lender that is processed and serviced by us, we may report information about your account to consumer reporting agencies. Late payments, missed payments or other defaults on your account may be reflected in your credit report.
 
A Consumer Reporting Agency (“CRA”) is an entity that gathers information about consumers and sells the information to creditors, employers, and other entities. To find a CRA, look in your local telephone listings under “credit” or “credit rating and reporting.” Because more than one CRA may have a file on you, call each one until you locate each agency that maintains a file about you. The three major national CRAs are:
 
Equifax Experian Trans Union
P.O. Box 740241 P.O. Box 2104 P.O. Box 1000
Atlanta, GA 30374-0241 Allen, TX 75013 Chester, PA 19022
(800) 685-1111 (888) 397-3742 (800) 916-8800
 
In addition, anyone who takes action against you in response to a report supplied by a CRA, such as denying your application for credit, insurance, or employment, must give you the name, address, and telephone number of the CRA that provided the report.
 
ACCESS TO, AND CHARGES FOR, YOUR REPORT:  If you ask, the CRA must tell you everything in your report, including medical information, and in most cases, the sources of the information. The CRA also must give you a list of everyone who has requested your report within the past year, or two years for employment related requests. There is no charge to review your report if a company takes adverse action against you, such as denying your application for credit, insurance, or employment, and you request your report within sixty (60) days of receiving the notice of the action OR within thirty (30) days of the CRA’s receipt of such notice. The notice will give you the name, address, and phone number of the CRA. In addition, you are entitled to one free report a year from each of the three major CRAs if (1) you are unemployed and plan to look for a job within sixty (60) days; (2) you are on welfare; or (3) your report is inaccurate because of fraud. Every consumer is entitled to one free credit report a year from each of the three major national CRAs. To receive your free credit reports or for more information, visit http://www.annualcreditreport.com. Alternatively, you may order your reports by telephone at (877) 322-8228 or by mail addressed to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. Lastly, you are entitled to your credit report at a minimal charge at any other time.
 
INCOMPLETE OR INACCURATE INFORMATION:  Both the CRA and the information provider have responsibilities for correcting inaccurate or incomplete information in your report. To protect your rights under this law, contact both the CRA and the information provider. First, tell the CRA in writing what information you believe is inaccurate. CRAs must reinvestigate the items in question, usually within thirty (30) days, unless they consider your dispute frivolous. They also must forward all relevant data you provide about the dispute to the information provider. After the information provider receives notice of a dispute from the CRA, it must investigate, review all relevant information provided by the CRA, and report the results to the CRA. If the information provider finds the disputed information to be inaccurate, it must notify all nationwide CRAs so that they can correct this information in your file. When the reinvestigation is complete, the CRA must give you the written results and a free copy of your report if the dispute results in a change. If an item is changed or removed, the CRA cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness, and the CRA gives you a written notice that includes the name, address, and phone number of the provider. Second, tell the creditor or other information provider in writing that you dispute an item. Many providers specify an address for disputes. If the provider then reports the item to any CRA, it must include a notice of your dispute. In addition, if the information is inaccurate, the information provider may not use it again. This process may not resolve your dispute. If that is the case, ask the CRA to include your statement of the dispute in your file and in future reports. If you request, the CRA also will provide your statement to anyone who received a copy of the old report in the recent past. There usually is a fee for this service. If you tell the information provider that you dispute an item, a notice of your dispute must be included anytime the information provider reports the item to a CRA. However, accurate information contained in the report cannot be permanently removed. For more information, visit http://www.ftc.gov.
 
ACCESS TO YOUR REPORT:  Only people with a legitimate business need, as recognized by the Fair Credit Reporting Act, may obtain your report. For example, a company is allowed to get your report if you apply for credit, insurance, employment, or to rent housing. A CRA may not supply information about you to your employer, or to a prospective employer, without your consent.
 
ACCESS TO MEDICAL INFORMATION:  Creditors, employers, or insurers must have your authorization to get a report that contains medical information about you.
 
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WHEN REPORTS BECOME OBSOLETE:  Most information contained in your report expires in seven years. Exceptions to this rule include information about criminal convictions (no time limit); bankruptcy information (ten years); information reported in response to an application for a job with a salary of more than $75,000.00 (no time limit); information reported because of an application for more than $150,000.00 worth of credit or life insurance (no time limit); information about a lawsuit or an unpaid judgment against you (longer of seven years or until the statute of limitations expires). A CRA may not issue a report containing obsolete information.
 
NOTICE: OTHER LESS EXPENSIVE CREDIT SERVICES MAY BE AVAILABLE TO YOU, AND NONPROFIT CREDIT COUNSELING SERVICES ARE AVAILABLE TO YOU. CHECK YOUR TELEPHONE DIRECTORY UNDER “CREDIT & DEBT COUNSELING” OR SEARCH THE INTERNET UNDER “CREDIT & DEBT COUNSELING” FOR MORE INFORMATION.
 
BY SIGNING BELOW, YOU: (1) WARRANT THAT YOU ARE NOT A DEBTOR UNDER ANY PROCEEDING IN BANKRUPTCY AND HAVE NO INTENTION TO FILE A PETITION FOR RELIEF UNDER THE UNITED STATES BANKRUPTCY CODE; (2) ACKNOWLEDGE THAT YOU HAVE RECEIVED, READ, UNDERSTOOD AND ACCEPTED ALL OF THE TERMS ON ALL PAGES OF THIS DISCLOSURE STATEMENT; (3) AGREE THAT THIS DISCLOSURE STATEMENT INVOLVES INTERSTATE COMMERCE; (4) ACKNOWLEDGE THAT YOU RECEIVED A COPY OF OUR PRIVACY NOTICE; AND (5) ACKNOWLEDGE THAT YOU RECEIVED A COPY OF THIS DISCLOSURE STATEMENT BEFORE EXECUTING A CONTRACT OR PAYING ANY FEE OR PROVIDING OTHER VALUABLE CONSIDERATION.
 
This Disclosure Statement is received and executed on 12/02/2016
 
 


____________________________________________________
Customer’s/Buyer’s Signature:   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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  • I AGREE TO THE TERMS OF THE SUPPLEMENTAL CREDIT SERVICES DISCLOSURE STATEMENT ABOVE.

CREDIT ACESS SERVICES AGREEMENT

NOTE: For security purposes, we record your IP Address 54.204.202.221
 
CREDIT ACCESS SERVICES AGREEMENT
 
Credit Access Business/Seller: C1 Finance, LLC dba Cash 1
725 East Covey Lane, Suite 170
PHOENIX, AZ 85024
(866) 989-3730
Customer/Buyer:
Transaction Number: 0 Date of Transaction: 12/02/2016
 
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IMPORTANT. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY.
 
In this Credit Access Services Agreement (“Agreement”), the words “Customer,” “Buyer,” “you” and “your” mean the person or persons identified under the heading “Customer/Buyer” above. The words “Seller,” “we,” “us,” “our,” and “CAB” mean C1 Finance, LLC dba Cash 1. We are a registered and bonded Texas Credit Services Organization and licensed Credit Access Business operating pursuant to Chapter 393 of the Texas Finance Code. Our principal place of business is listed above. Our agent in Texas authorized to receive service of process is: Corporation Service Company dba CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin, TX 78701. “Lender” means @LENDER_ENTITY. “Note” means your Promissory Note with Lender.
 
DESCRIPTION OF OUR SERVICES: We are not a lender or a credit repair organization. We will not improve your credit record, credit history or credit rating, nor will we provide any advice or assistance to you with regard to any such activity. If we are successful, for the fee set forth below, we will (1) work to obtain a loan (the “Loan”) from Lender in the amount and for the term set forth below beginning after you receive statutory disclosures; (2) issue a letter of credit (“LOC”) to secure the Loan; (3) assist you in preparing and completing documents necessary to obtain the Loan; and (4) collect and service the Loan and remit payments to Lender. We do not promise that you will actually receive a Loan. All credit decisions regarding the Loan will be made by Lender. Our services to you will end no later than 180 days after the date of this Agreement.
 
YOU WILL NOT OWE US ANY FEE IF YOUR LOAN APPLICATION IS DENIED OR YOU CHOOSE NOT TO ACCEPT ANY LOAN THAT IS APPROVED FOR YOU. YOU UNDERSTAND THAT THE LOAN AND SERVICES WE PROVIDE MAY NOT BE AT THE LOWEST RATES OR ON THE BEST TERMS AVAILABLE. AN ADVANCE OF MONEY OBTAINED THROUGH A PAYDAY LOAN IS NOT INTENDED TO MEET LONG-TERM FINANCIAL NEEDS. A PAYDAY LOAN SHOULD ONLY BE USED TO MEET IMMEDIATE SHORT-TERM CASH NEEDS. REFINANCING THE LOAN RATHER THAN PAYING THE DEBT IN FULL WHEN DUE WILL REQUIRE THE PAYMENT OF ADDITIONAL CHARGES. YOU SHOULD CONSIDER OTHER OPTIONS AVAILABLE TO YOU.
 
PAYMENT TERMS; OUR FEES: If you obtain a Loan through us from Lender, you must pay the CAB fee payments set forth in the following Payment Schedule. Your final payment represents the Lender interest, Loan principal, and final CAB fee, which is due on 12/02/2016 (the “Due Date”), as set forth below:
 
Payment Schedule
Payment Date Amount   Payment Date Amount   Payment Date Amount   Payment Date Amount   Payment Date Amount
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
 
Total scheduled CAB fees accordingly amount to $0.00. Together with the Amount Financed of $100.00 and scheduled interest of $0.00 under the Note (computed at a rate of 10% per annum), the total payments under this Agreement and the Note amount to $0.00. Payment must be sent by approved, official, certified or cashier’s check or money order to our address specified above. Alternatively, you may pay pursuant to the separate Optional Electronic Payment Authorization which will be presented to you. All payments will be applied in the following order: (i) uncollected CAB fees and expenses, (ii) other applicable fees, if any, (iii) interest, then (iv) principal.
 
Any payment on the Loan you make in care of us will be binding on Lender. You have the right to make payments in any amount in advance at any time.
 
YOU MAY PREPAY THE LOAN IN WHOLE OR IN PART AT ANY TIME WITHOUT PENALTY. PREPAYMENT IN FULL WILL REDUCE YOUR INTEREST CHARGES AND CAB FEES. YOU CAN MAKE PREPAYMENTS AS SET FORTH IN THE PRECEDING PARAGRAPH. ALSO, YOU CAN OBTAIN FROM US AND SIGN A SEPARATE OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION PROVIDING FOR PERIODIC PREPAYMENTS ON THE LOAN.
 
Our CAB fee is $56.00 per CAB payment period, and is posted on the first day of each CAB payment period. If you prepay your Loan in full or in part before the Due Date, you will not receive a refund or credit for CAB fees previously paid or due to us. However, no liability for CAB fees will accrue after prepayment of the Loan in full. Our CAB fees are not interest under Texas law but they are finance charges under the Federal Truth in Lending Act (“TILA”) and are factored into the annual percentage rate (“APR”) under TILA. In addition to the CAB fees, you agree to pay us a $30.00 returned payment fee if any debit card payment, check or Automated Clearinghouse (“ACH”) payment to us fails because your account contains insufficient funds or has been closed. We will not charge more than one returned payment fee on any payment no matter how many times we present your check for payment
 
 
 
 
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or attempt to process your ACH or debit card payment, and will not charge more than one returned payment fee on any payment if it is rejected because your account is closed. If you make a combined payment of amounts due under the Note and this Agreement and the payment is returned, you will owe a single returned payment fee to us (and no returned payment fee to Lender). Any past due amounts you owe to us would bear interest at the rate of 10% per annum from the date due until paid. In addition, Lender charges: Interest at ten percent (10%) per annum; and a late charge equal to the greater of 5% of the payment amount or $7.50 if the payment is in default for a period of ten (10) or more days.
 
LOC AND OBLIGATION TO REIMBURSE: If you obtain a Loan through us from Lender, we will issue the LOC in favor of Lender and keep the LOC in force provided that you are current in payment of your CAB fees. If you default on a CAB fee payment, we have the right but not the obligation to cancel the LOC as to you, though it remains irrevocable as to Lender in accordance with its terms. The LOC will remain in force during any period where you are in an active default repayment plan with Lender after the Due Date per the terms of the Note. You have no right to defer payment of your CAB fees. The LOC will be in a form satisfactory to both Lender and us, in an amount sufficient to cover the principal, interest and fees payable or potentially payable on the Loan. You agree to repay us, with simple interest at a rate of 10% per annum, any amounts paid by us on the LOC, immediately upon our performance under the LOC. The LOC will expire: (1) 210 days from the date of the Loan; (2) when the Loan is paid in full or refinanced; (3) when we make payment under the LOC; or (4) when we cancel the LOC due to non-payment of your CAB fees, whichever is earliest. If you timely exercise your right to cancel this Agreement, the LOC shall be automatically revoked and shall have no further effect.
 
SEPARATE OBLIGATIONS: The Loan and your obligations to us under this Agreement are separate obligations. Lender’s separate extension of credit to you under the Loan is a single payment obligation that is payable by you to Lender in one payment of principal and interest at maturity. In contrast, your obligation to pay us the CAB fees under this Agreement in installments as shown above is a separate obligation.
 
YOUR REPRESENTATIONS AND WARRANTIES: You represent and warrant that: (1) you have the right to enter into this Agreement; (2) you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney within the past six [6] months and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code; (3) you are at least eighteen [18] years of age; and (4) the information in your Loan Application (“Application”) is current, true, correct, and complete, including, without limitation, your representation that you are not a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer, or a dependent of such a member. You understand that we and Lender are relying upon this information.
 
DEFAULT:  You will be in default if any of the following happens: (1) you fail to pay us any amount that you owe us when due or fail to perform your promises under this Agreement; (2) any representation or statement made or furnished by you or on your behalf is found to be false or misleading in any material respect either now or at the time made or furnished; or (3) you die or become insolvent, or any proceeding is commenced either by or against you under any bankruptcy or insolvency laws.
 
OUR RIGHTS IN THE EVENT OF DEFAULT: Upon the occurrence of any default, we may at our option, and without notice or demand except as required by law, do any one or more of the following, alternatively or cumulatively, to the extent permitted by law: (1) accelerate and seek payment of amounts you owe to us under this Agreement; (2) acquire the Note from Lender in order to mitigate our damages related to your default and exercise Lender’s rights under the Note as due and payable in accordance with its terms; (3) initiate legal or arbitration proceedings against you in accordance with applicable law and the terms of the Arbitration Provision and Jury Trial Waiver below between you and us (the “Arbitration Provision”); (4) recover from you reasonable attorneys’ fees, legal expenses, and all other lawfully permitted costs incurred or paid in exercising any right, power or remedy provided by this Agreement or by law; and/or (5) exercise all other rights, powers and remedies given by law.
 
COMPLIANCE:  You and we agree that our rights are limited by applicable law (to the extent the law may not be lawfully waived), and this Agreement shall be construed so as to comply with applicable law. Notwithstanding any provision of this Agreement to the contrary, we agree that our rights may not be exercised except to the extent permitted by applicable law. No part of this Agreement, nor any charge or receipt by us or any other person on our behalf, is intended to violate any law or exceed lawful amounts. If an unlawful excess occurs, it will be applied as a credit or otherwise refunded, and the rate or amount involved will automatically be reduced to the maximum lawful rate or amount.
 
INTERSTATE COMMERCE:  You agree that this Agreement involves interstate commerce.
 
ASSIGNMENT:  We may transfer any of our rights, titles and interests under this Agreement at our discretion. You may not transfer your rights under this Agreement without our prior written consent.
 
NOTICES AND WAIVERS: Except for notices provided in this Agreement, you, and others responsible to the extent permitted by law, waive demand, notice of nonpayment, notice of intention to accelerate, notice of acceleration, presentment, and notice of dishonor. To the extent permitted by law, you, and others responsible, also agree: we may waive or delay enforcing our rights without losing them; we may release or modify any person’s liability without changing the liability of others; we and Lender may sue or arbitrate with one or more persons without joining or suing others; and we and Lender may renew, extend, refinance, or modify the obligations owed to us and Lender under this Agreement and the Note as often and for so long as we desire, without notice to or approval by any co-owner or others responsible.
 
DEBT COLLECTION:  As a matter of Texas law, we must comply with the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., and Chapter 392 of the Texas Finance Code.
 
CRIMINAL CHARGES MAY GENERALLY NOT BE THREATENED OR PURSUED: No person may threaten or pursue criminal charges against you related to a check or other debit authorization provided by you as security for a transaction in the absence of forgery, fraud, theft, or other criminal conduct.
 
MEMBERS OF THE MILITARY AND THEIR DEPENDENTS:  We must comply, to the extent applicable, with 10 U.S.C. § 987 and any regulations adopted under that law relating to certain extensions of consumer credit to covered members of the armed forces and their dependents.
 
OFFICE OF THE CONSUMER CREDIT COMMISSIONER:  We are regulated by the Office of the Consumer Credit Commissioner (“OCCC”). You may contact the OCCC using the following information: Consumer Helpline: (800) 538-1579; Website: www.occc.state.tx.us; Mailing Address: 2601 N. Lamar Blvd., Austin, Texas 78705.
 
 
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NOTICES:  You agree to provide us and Lender, at our address above, written notice of any bankruptcy, probate, lawsuit, arbitration, or other legal proceeding affecting this Agreement or the Note. Any notice we are required to provide under this Agreement or applicable law may be sent to you at the address provided in your Application by regular mail or any other reasonable method.
 
CREDIT INFORMATION AND REPORTING:  You authorize us and Lender to obtain your credit report from any consumer reporting agency and to conduct a bankruptcy review using PACER or any other method or service. We may report to consumer reporting agencies your performance under this Agreement and/or the Note. Late payments, missed payments, or other defaults may be reflected in your credit report. If you believe that we have reported or Lender has reported any inaccurate information about your Loan to a consumer reporting agency or if you believe that you have been the victim of identity theft in connection with the Loan, write to us at CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024. In your letter, (1) provide your name and Loan number; (2) identify the specific information that is being disputed; (3) explain the basis for the dispute; and (4) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report.
 
GOVERNING LAW:  This Agreement will be governed by the laws of the State of Texas, except the Arbitration Provision, which is governed by the Federal Arbitration Act (the “FAA”).
 
AGREEMENT CONSTRUCTION:  If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be reformed if practicable so as to achieve its intended purpose(s) and shall not in any way affect the remaining provisions.
 
TELEPHONE CALLS; MONITORING:  You agree that you will accept calls from us and/or our agents regarding payment reminders and/or the collection of amounts due under the Note and this Agreement. You agree that if you are past due or in default, you will accept calls from us or a third party we contract with regarding the collection of amounts you owe. If wireless or cellular telephone numbers are associated with your Account, you agree that we may place calls to those numbers which may result in charges from your wireless or cellular carrier. You understand these calls could be automatically dialed and a recorded message may be played. You agree such calls will not be unsolicited calls for purposes of state and federal law. You also agree that, from time to time, we may monitor telephone conversations between you and us to assure the quality of our customer service.
 
EMAIL AND SMS TEXT MESSAGING:  You consent that we, Lender, or in the event that your account is turned over to a third party for collections, their agents may contact you via email at any email address associated with your account. In addition, you consent that we may transmit SMS text messages to any wireless telephone number associated with your account. You understand these contacts could be automatically generated and a standard message may be transmitted. You agree such contact is not an unsolicited contact for purposes of state and federal law. You agree that either we, Lender or our agents may transmit SMS text messages to wireless telephone numbers associated with your account which may result in charges from your wireless carrier. Those charges will be reimbursed upon request and presentment of receipt(s) or bill(s). If you wish to opt-out from either email or SMS text messages, please contact us at 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024, or call (855) 504-5941.
 
BANKRUPTCY:  You represent that you are not currently a debtor in any bankruptcy proceeding and that you have no intention of filing bankruptcy under any chapter of the U.S. Bankruptcy Code during the term of this transaction or within ninety (90) days following the completion of this transaction. Any notice(s) of any future bankruptcy petition and all subsequent filings, motions, orders or correspondence shall be mailed or sent by express courier to us at CASH 1, Attn: Bankruptcy Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024. You agree that any written or oral communication concerning a bankruptcy to Lender at its address is null and void and of no effect.
 
AGREEMENTS FOR RESOLVING DISPUTES; CERTAIN DEFINITIONS
 
The Pre-Dispute Resolution Procedure, Arbitration Provision, and Jury Trial Waiver set forth below govern “Claims” you assert against us or any
related party of ours and “Claims” we or any related party assert against you.
For purposes of this Agreement, our “related parties” include all parent companies, subsidiaries and affiliates of ours, and our and their employees, directors, officers, shareholders, governors, managers and members.
The term “Claim” means any claim, dispute or controversy between you and us (or our related parties) that arises from or relates in any way to this Agreement or any services you request or we provide under this Agreement (“Services”); any of our marketing, advertising, solicitations and conduct relating to your request for Services; our collection of any amounts you owe; or our disclosure of or failure to protect any information about you. “Claim” is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, negligence, fraud or other intentional wrongs) and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief.
Notwithstanding the foregoing, “Claim” does not include 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. In addition, except as set forth in the immediately following sentence, “Claim” does not include disputes about the validity, enforceability, coverage or scope of the Arbitration Provision or any part thereof (including, without limitation, Sections 5(C), (D) and/or (E) of the Arbitration Provision [the “Class Action and Multi-Party Claim Waiver”], the clause in the second sentence of Section 10 of the Arbitration Provision beginning with the words “provided, however,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. “Claim” also does not include any “self-help remedy” (that is, any steps taken to enforce rights without a determination by a court or arbitrator, for example, repossession and/or re-titling of a motor vehicle) or any individual action by you or us to prevent the other party from using any self-help remedy, so long as such self-help remedy or individual judicial action does not involve a request for monetary relief of any kind.
 
PRE-DISPUTE RESOLUTION PROCEDURE
 
Before either you, we or any related party commences, joins or participates in any judicial or arbitration proceeding regarding any Claim (“Proceeding”), in any capacity (including as an individual litigant or as a member or representative of any class or proposed class), the complaining party (“Complaining Party”) shall give the subject of the Claim (the “Defending Party”): (1) at least thirty (30) days written notice of the claim (“Claim Notice”), explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding. If you are the Complaining Party, you must send any Claim Notice to CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024 (or such other address as we shall subsequently provide to you). If you are the 
 
 
Page 3 of 7
Defending Party, any Claim Notice must be sent to you at your address appearing in our records or, if you are represented by an attorney, to your attorney at his or her office address. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within thirty (30) days after the Claim Notice is received, the Complaining Party may commence a Proceeding, subject to the terms of the Arbitration Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of  Section 7 of the Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages.
 
ARBITRATION PROVISION
 
VERY IMPORTANT. READ THIS ARBITRATION PROVISION CAREFULLY. IT SETS FORTH WHEN AND HOW CLAIMS (AS DEFINED ABOVE UNDER THE CAPTION “AGREEMENTS FOR RESOLVING DISPUTES; CERTAIN DEFINITIONS”) WILL BE ARBITRATED INSTEAD OF LITIGATED IN COURT. IF YOU DON’T REJECT THIS ARBITRATION PROVISION IN ACCORDANCE
WITH SECTION 1 BELOW, UNLESS PROHIBITED BY APPLICABLE LAW, IT WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR WE RESOLVE ANY CLAIM.
 
Unless prohibited by applicable law and unless you reject the Arbitration Provision in accordance with Section 1 below, you and we agree that either party may elect to require arbitration of any Claim under the following terms and conditions:
 
1.  RIGHT TO REJECT ARBITRATION.  If you do not want this Arbitration Provision to apply, you may reject it within forty-five (45) days after the date of this Agreement by sending to us at CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024, a written rejection notice which: (a) provides your name and address and the date of this Agreement; and (b) states that you are rejecting the Arbitration Provision in the Agreement. If you want proof of the date of such a notice, you should send the rejection notice by certified mail, return receipt requested. If you use such a method, we will reimburse you for the postage upon your request. Nobody else can reject arbitration for you (except an attorney at law that you have personally retained); this is the only way you can reject arbitration. Your rejection of arbitration will not affect your right to Services or the terms of this Agreement (other than this Arbitration Provision).
 
2.  ARBITRATION ELECTION.  A Proceeding may be commenced after the Complaining Party complies with the Pre-Dispute Resolution Procedure. The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this Section 2. If a lawsuit is filed, the Defending Party may elect to demand arbitration under this Arbitration Provision of some or all of the Claims asserted in the lawsuit. To avoid piecemeal Proceedings to the extent possible, the Complaining Party must assert in a single lawsuit or arbitration all of the Claims of which the Complaining Party is aware and the Defending Party must demand arbitration with respect to all or none of the Complaining Party’s Claims. Also, if the Complaining Party initially asserts a Claim in a lawsuit on an individual basis but then seeks to assert the Claim on a class, representative or multi-party basis, the Defending Party may make such a demand. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If you demand that we arbitrate a Claim initially brought against you in a lawsuit, your demand will constitute your consent to arbitrate the Claim with the administrator of our choice, even if the administrator we choose does not typically handle arbitration proceedings initiated against consumers. Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provision and the applicable rules of the arbitration administrator in effect at the time the arbitration is commenced. The arbitration administrator will be the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, http://www.adr.org, Tel: (800) 778-7879; or Judicial Arbitration and Mediation Services, Inc. (“JAMS”), 620 Eighth Avenue, 34th Floor, New York, NY 10018, http://www.jamsadr.com, Tel: (800) 352-5267; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, the administrator will be selected by a court. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any arbitration administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi-Party Claim Waiver. The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.
 
3.  NON-WAIVER.  Even if all parties have elected to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claim asserted in that lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis), and nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision.
 
4.  LOCATION AND COSTS.  The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve the Claim based on the papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator’s or arbitrator’s filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator, and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party or if we are required to pay such amounts by applicable law or by the administrator’s rules. The arbitrator shall not limit the attorneys’ fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorneys’ and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.
 
5.  NO CLASS ACTIONS OR SIMILAR PROCEEDINGS; SPECIAL FEATURES OF ARBITRATION. IF YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (A) HAVE A COURT OR A JURY DECIDE THE CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
 
Page 4 of 7
6.  GETTING INFORMATION.  In addition to the parties’ rights under the administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.
 
7.  SPECIAL PAYMENT.  If (a) you submit a Claim Notice on your own behalf (and not on behalf of any other party) and comply with all of the requirements (including timing and confidentiality requirements) of the Pre-Dispute Resolution Procedure; (b) we refuse to provide you with the money damages you request; and (c) an arbitrator issues you an award that is greater than the latest money damages you requested at least ten (10) days before the date the arbitrator was selected, then we will: (i) pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and (ii) pay your attorney, if any, a premium in addition to the amount of attorneys’ fees and expenses (including expert witness fees and costs) that were awarded by the arbitrator in the arbitration in the amount equal to the lesser of $2,500 or fifty percent of the arbitrator’s attorneys’ fees award (“the attorney premium”).
 
The right to attorneys’ fees and expenses discussed in this section supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative or multiplier awards of attorneys’ fees or costs.
 
8.  EFFECT OF ARBITRATION AWARD.  Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §1, et seq. (the “FAA”); and (2) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000). For Claims involving more than $50,000, any party may appeal the award to a three arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Costs in connection with any such appeal will be borne in accordance with Section 4 of this Arbitration Provision.
 
9.  GOVERNING LAW.  This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration, provided that the law of Texas shall be applicable to the extent that any state law is relevant in determining the enforceability of this Arbitration Provision under Section 2 of the FAA. The arbitrator is bound by the terms of this Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
 
10.  SURVIVAL, SEVERABILITY, PRIMACY.  This Arbitration Provision shall survive the full payment of any amounts due under this Agreement; any rescission or cancellation of this Agreement; our sale or transfer of this Agreement or our rights under this Agreement; any legal proceeding by us to collect a debt owed by you; and your (or our) bankruptcy. If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply; provided, however, that if Section 5(C), (D) and/or (E) is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding. In the event of any conflict or inconsistency between this Arbitration Provision and the administrator’s rules or the rest of this Agreement, this Arbitration Provision will govern.
 
JURY TRIAL WAIVER
 
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION ANY SEPARATE ARBITRATION PROVISION BETWEEN YOU AND US WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
 
By signing below: (a) YOU ACKNOWLEDGE THAT YOU RECEIVED, READ AND RETAINED A COPY OF (1) SEPARATE CREDIT SERVICES DISCLOSURE STATEMENTS; (2) THIS CREDIT ACCESS SERVICES AGREEMENT WITH ALL NECESSARY SPACES COMPLETED; (3) TWO NOTICES OF CANCELLATION; AND (4) OUR PRIVACY NOTICE; (b) you certify that you have read, understood and agree to all of the terms and conditions of this Credit Access Services Agreement, including the Arbitration Provision and the Class Action and Multi-Party Claim Waiver; (c) you certify that all of the information you have provided in connection with the Application and this Agreement is true and correct; and (d) you agree that we may obtain and share any information you provide to us or that we obtain from third parties in connection with this Agreement, including credit information and credit reports, with Lender or our affiliates, for the duration of the Services or any subsequent Services.
 
NOTICE: YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORMS FOR AN EXPLANATION OF THIS RIGHT.
 


____________________________________________________
Customer’s/Buyer’s Signature:   

12/02/2016
__________________
Date  


____________________________________________________
Signature of Seller’s Authorized Representative





12/02/2016
__________________
Date  
 
Page 5 of 7

C1 Finance, LLC dba Cash 1
 
Date of Transaction: 12/02/2016
Transaction Number: 0
 
NOTICE OF CANCELLATION
 
You may cancel this contract, without any penalty or obligation, within three (3) days after the date the contract is signed.
 
If you cancel, any payment made by you under this contract will be returned within ten (10) days after the date of receipt by the Seller of your cancellation notice.
 
To cancel this contract, mail or deliver a signed and dated copy of this Notice of Cancellation, or other written notice, to CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024, not later than midnight on 12/05/2016.
 
I hereby cancel this transaction.
 

____________________________________________________
Customer’s/Buyer’s Signature:   

__________________
Date  
 
Cancellation Notice 1 of 2
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 6 of 7

C1 Finance, LLC dba Cash 1
 
Date of Transaction: 12/02/2016
Transaction Number: 0
 
NOTICE OF CANCELLATION
 
You may cancel this contract, without any penalty or obligation, within three (3) days after the date the contract is signed.
 
If you cancel, any payment made by you under this contract will be returned within ten (10) days after the date of receipt by the Seller of your cancellation notice.
 
To cancel this contract, mail or deliver a signed and dated copy of this Notice of Cancellation, or other written notice, to CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024, not later than midnight on 12/05/2016.
 
I hereby cancel this transaction.
 

____________________________________________________
Customer’s/Buyer’s Signature:   

__________________
Date  
 
Cancellation Notice 2 of 2
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 7 of 7

  • I AGREE TO THE TERMS OF THE CREDIT ACCESS SERVICES AGREEMENT ABOVE.

OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION - CAB

NOTE: For security purposes, we record your IP Address 54.204.202.221
 
OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION
 
CAB: C1 Finance, LLC dba Cash 1
725 East Covey Lane, Suite 170
PHOENIX, AZ 85024
 
Borrower:
Transaction Number: 0 Date of Transaction: 12/02/2016
 
SIGNING THIS FORM IS COMPLETELY OPTIONAL. YOU ARE NOT REQUIRED TO MAKE THE CAB FEE PAYMENTS PURSUANT TO YOUR CREDIT ACCESS SERVICES AGREEMENT (THE “AGREEMENT”) TO US VIA CARD, ELECTRONIC FUND TRANSFER, OR DRAFT. BY SIGNING BELOW, YOU AGREE AS FOLLOWS:
 
Payment Authorization: For each CAB fee payment due pursuant to the Agreement, you authorize us and our agents, successors and assigns (collectively “we” or “us”) to charge the MasterCard® or VISA® card, if any, identified below (the “Card”), or, if payment cannot be obtained from the Card, to initiate an electronic fund transfer (“EFT”) through the ACH network or another network from the bank account, if any, identified below (the “Bank Account”). You further authorize us to obtain any CAB fee payment by creating a remotely created check, remotely created payment order, demand draft, bank check, bank draft, or similar payment device (collectively “Draft”) and presenting/depositing the Draft on the Bank Account. You further authorize us to credit or charge the Card and/or the Bank Account to correct any incorrect credit or charge. In addition, you authorize us to credit the Card and/or the Bank Account as necessary and appropriate to provide you with cash advances, reimbursements, or refunds.
 
Unsuccessful Charges: If any CAB fee payment cannot be obtained by EFT, Card charge, or Draft, you remain responsible for such payment and any resulting fees under the Agreement. If any EFT is dishonored, you authorize us to attempt to process the EFT up to two additional times and to initiate an EFT from the Bank Account for any Dishonored Payment Fee you owe. If any Card charge is rejected, you authorize us to reinitiate charges to the Card, starting the same day the initial Card payment was rejected, until we recover the entire charge, even if one or more daily charges are rejected. You also authorize us to charge the Card for any Dishonored Payment Fee you owe. BEFORE AUTHORIZING EFTs, CARD PAYMENTS, OR DRAFTS, YOU SHOULD CONSIDER THAT YOUR BANK OR CARD ISSUER MIGHT CHARGE YOU AN OVERDRAFT OR SIMILAR FEE IF THE EFT, CARD CHARGE, OR DRAFT CREATES OR INCREASES THE AMOUNT OF ANY OVERDRAFT ON YOUR BANK ACCOUNT OR CARD. In order to avoid overdraft and/or dishonored payment fees by your Card issuer or bank, you should notify us in advance if you will not be able to pay the full amount of any CAB fee payment when due. You should also consider instructing your Card issuer or bank not to pay overdrafts on your Card or Bank Account. We are not liable to you for any fees or charges your bank or Card issuer may impose.
 
Amounts Outstanding After the Maturity Date: In the event that any CAB fee amounts remain unpaid after the maturity date of your Promissory Note, you authorize us to seek repayment of such amounts by charging the Card daily until all amounts you owe under the Agreement are repaid, even if one or more daily charges are rejected. After the maturity date of your Promissory Note, you further authorize us to initiate EFTs from the Bank Account and/or create and deposit Drafts on the Bank Account on successive Fridays until all amounts you owe under the Agreement are repaid in an amount equal to the lesser of the amount outstanding under the Agreement and the amount of your CAB fee payment as set forth in the Agreement.
 
Payments Due on a Bank Holiday. IN THE EVENT THAT A CAB FEE PAYMENT DATE FALLS ON A WEEKEND OR BANK HOLIDAY (I.E., A WEEKDAY WHEN BANKS IN TEXAS ARE PERMITTED TO BE CLOSED), YOU AUTHORIZE US TO CHARGE THE CARD OR DEBIT THE BANK ACCOUNT FOR THE PAYMENT ON OR AFTER THE BANK BUSINESS DAY IMMEDIATELY PRECEDING THE DATE THAT THE PAYMENT IS DUE. If you would prefer that we instead seek payment on the bank business day immediately following the bank holiday, please notify us at least three days before the bank holiday by calling (866) 989-3730.
 
Modified Charges: Instead of or in addition to any Card charges, EFTs, or Drafts described above, you authorize us to process any Card charges, EFTs, or Drafts you subsequently confirm by phone, text message or email.
 
Termination: You may terminate this Authorization by writing to us at our address above. We will discontinue initiating Card charges, EFTs, or Drafts as soon as we reasonably can and, in any event, within three business days after receiving your termination request.
 
Card and/or Bank Account Identification: The Card and/or Bank Account are as follows:
 
MasterCard or Visa Card
Card Number: N/A
Expiration Date: N/A
Checking Account

Financial Institution: N/A

Account Number: N/A


City/State: N/A

RoutingNumber: N/A
 
By signing below, you promise us that: (1) you are authorized to incur charges and make payments from the Card and Bank Account, as applicable; (2) you have read and agree to all of the terms of this Authorization; and (3) you have received a copy of this Authorization.
 


____________________________________________________
Customer’s/Buyer’s Signature:  

12/02/2016
__________________
Date  
  • I AGREE TO THE TERMS OF THE ELECTRONIC PAYMENT AUTHORIZATION OF THE CAB AGREEMENT ABOVE.

PROMISSORY NOTE

NOTE: For security purposes, we record your IP Address 54.204.202.221
 
PROMISSORY NOTE
 
Lender: @LENDER_ENTITY
@LENDER_ADDRESS
@LENDER_PHONE
Borrower:
Transaction Number: 0 Date of Transaction: 12/02/2016
 
THE TERMS AND CONDITIONS OF THIS NOTE ARE IMPORTANT. PLEASE READ THE ENTIRE DOCUMENT CAREFULLY.
 
In this Promissory Note (“Note”), the words “you,” “your,” “Customer” and “Borrower” mean the person or persons signing as Borrower below. The words “we,” “us,” “our,” and “Lender” mean @LENDER_ENTITY. The term “CAB” means C1 Finance, LLC dba Cash 1, with whom you have entered into a separate Credit Access Services Agreement (“Credit Access Agreement”), and whose CAB fees are disclosed as part of the Finance Charge set forth in the Federal Truth in Lending Act Disclosure Statement set forth below. “Loan” means the loan evidenced by this Note.
 
TRUTH IN LENDING ACT DISCLOSURE STATEMENT
ANNUAL PERCENTAGE RATE
 
The cost of your credit as
a yearly rate.
 
 
0%
FINANCE CHARGE
 
The dollar amount the credit
will cost you.
 
 
 
$0.00
Amount Financed
 
The amount of credit provided
to you or on your behalf.
 
 
 
$100.00
Total of Payments
 
The amount you will have
paid after you have made all
payments as scheduled.
 
 
$0.00
Payment Schedule:Your payments for the above-referenced CAB fees are set forth in the following schedule. Your final payment represents the Lender interest, Loan principal, and final CAB fee, which is due on 12/02/2016 (the “Due Date”), as set forth below:
Payment Date Amount   Payment Date Amount   Payment Date Amount   Payment Date Amount   Payment Date Amount
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
N/A N/A   N/A N/A   N/A N/A   N/A N/A   N/A N/A
Security: The Loan is secured by your Optional Electronic Payment Authorization, if you choose to repay by this method, and a Letter of Credit (the “LOC”) from the CAB.
Prepayment: If you pay off early, you will not have to pay a penalty and your finance charge may be reduced. You will not receive a rebate unless you pay more than the earned interest and CAB fee.
Late Charge: If your payment is in default for a period of ten (10) or more days, you will be charged a Late Charge equal to the greater of 5% of the payment amount or $7.50.
See the further terms of this Note below and your Credit Access Agreement for additional information about nonpayment, default and prepayment refunds.
 
LOAN DISBURSEMENTS; ITEMIZATION OF AMOUNT FINANCED: You direct us to disburse the Loan proceeds as follows:
 
ITEMIZATION OF AMOUNT FINANCED OF:  $100.00
Amount given to you directly:  $100.00
Amount paid on your existing account with us:  $0.00
 
FINANCE CHARGES; INTEREST: CAB fees are not paid to us and are not interest under Texas law. However, they are finance charges under federal law and are included in the Finance Charge, Annual Percentage Rate, Total of Payments and Payment Schedule in the Federal Truth in Lending Act Disclosure Statement above.
 
PROMISE TO PAY: You promise to pay us, or to our order, on or prior to the Due Date, the Amount Financed plus simple interest at a rate of 10% per annum, based on the number of days actually elapsed and a year of 365 days. Interest will accrue from the date of the Loan until the Loan is paid in full, and will continue to accrue both before and after any acceleration of amounts due under this Note and/or any judgment against you. Payment must be sent by approved, official, certified or cashier’s check or money order to our address specified above or to the address of the CAB set forth in the Credit Access Agreement. Any payment on the Loan you make in care of the CAB will be binding on us. Alternatively, you may pay pursuant to the separate Optional Electronic Payment Authorization which will be presented to you. Payments will be applied first to (i) uncollected CAB fees and expenses, (ii) other applicable fees, if any, (iii) interest, then (iv) principal.
 
YOU MAY PREPAY THE LOAN IN WHOLE OR IN PART AT ANY TIME WITHOUT PENALTY. PREPAYMENT IN FULL WILL REDUCE YOUR INTEREST CHARGES AND CAB FEES. YOU CAN MAKE PREPAYMENTS AS SET FORTH IN THE PRECEDING PARAGRAPH. ALSO, YOU CAN OBTAIN FROM THE CAB AND SIGN A SEPARATE OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION PROVIDING FOR PERIODIC PREPAYMENTS ON THE LOAN.
 
 
 
 
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YOU UNDERSTAND THAT THE LOAN AND SERVICES WE PROVIDE MAY NOT BE AT THE LOWEST RATES OR ON THE BEST TERMS AVAILABLE. YOU SHOULD CONSIDER OTHER OPTIONS AVAILABLE TO YOU.
 
SEPARATE OBLIGATIONS: Our separate extension of credit to you under the Loan is single payment obligation that is payable by you to us in one payment of principal and interest at maturity. In contrast, your obligation to pay CAB fees to the CAB in installments under the Credit Access Agreement is a separate obligation.
 
YOUR REPRESENTATIONS AND WARRANTIES: You represent and warrant that: (1) you have the right to enter into this Note; (2) you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney within the past six [6] months and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code; (3) you are at least 18 years of age; and (4) the information in your Loan Application (“Application”) is current, true, correct, and complete, including, without limitation, your representation that you are not a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer, or a dependent of such a member. You understand that we and the CAB are relying upon this information.
 
DEFAULT; LATE FEE: You will be in default if any of the following happens: (1) you fail to pay us the outstanding principal and interest on the Loan on the Due Date or fulfill any other promises under this Note; (2) we deem ourselves insecure regarding your ability to repay, including, for example, if you fail upon request to provide us with adequate assurance of your performance; (3) any representation or statement made or furnished by you or on your behalf is found to be false or misleading in any material respect either now or at the time made or furnished; or (4) you die or become insolvent, or any proceeding is commenced either by or against you under any bankruptcy or insolvency laws. If your payment is in default for a period of ten (10) or more days, you will owe a late fee equal to the greater of 5% of the payment amount (on the principal and interest only) or $7.50.
 
OUR RIGHTS IN THE EVENT OF DEFAULT: Upon the occurrence of any default, we may at our option, and without notice or demand except as required by law, do any one or more of the following, alternatively or cumulatively, to the extent permitted by law: (l) declare all amounts owed under this Note immediately due and payable; (2) initiate a draw under the LOC and seek repayment from the CAB of all amounts you owe;; (3) initiate legal or arbitration proceedings against you in accordance with applicable law and the terms of the Arbitration and Jury Trial Waiver provision below (the “Arbitration Provision”); (4) recover from you reasonable attorneys’ fees, legal expenses, and all other lawfully permitted costs incurred or paid in exercising any right, power or remedy provided by this Note or by law; and/or (5) exercise all other rights, powers and remedies given by law. You agree that, if requested by the CAB, we are authorized to transfer the Note and all of our rights under the Note to the CAB at any time. In such event, the Note remains due and payable in accordance with its terms.
 
DEFAULT REPAYMENT PLAN: In the event that you default by failing to pay us the outstanding principal and interest on the Loan on the Due Date, we reserve the right, in our sole discretion, to allow you the opportunity to cure the default through a default repayment plan with us before we exercise our default rights as set forth above. In this event, we may at our sole option agree to extend the Due Date by allowing you to make periodic payments in the amount of $56.00 on your successive paydays until all amounts you owe to us are paid in full. If you fail to make any payment pursuant to any default repayment plan that we may offer, then the default repayment plan will be terminated and we may exercise our default rights regarding the Loan as set forth in the preceding paragraph.
 
COMPLIANCE: You and we agree that our rights are limited by applicable law (to the extent the law may not be lawfully waived), and this Loan shall be construed so as to comply with applicable law. Notwithstanding any provision of this Loan to the contrary, we agree that our rights may not be exercised except to the extent permitted by applicable law. No interest, charge or receipt by us is intended to exceed lawful amounts. If an unlawful excess occurs, we will apply it as a credit or otherwise refund it, and the rate or amount involved will automatically be reduced to the maximum lawful rate or amount. To the extent permitted by law, for purposes of determining our compliance with the law, we may calculate charges by amortizing, prorating, allocating and spreading. In each instance, our rights and remedies are subject to applicable law.
 
INTERSTATE COMMERCE: You agree that this Note involves interstate commerce.
 
ASSIGNMENT: We may transfer any of our rights, titles and interests under this Note at our discretion. You may not transfer your rights under this Note without our prior written consent.
 
NOTICES AND WAIVERS: Except for notices provided in this Note, you, and others responsible to the extent permitted by law, waive demand, notice of nonpayment, notice of intention to accelerate, notice of acceleration, presentment, and notice of dishonor. To the extent permitted by law, you, and others responsible, also agree that: we may waive or delay enforcing our rights without losing them; we are not required to file suit or arbitrate, or show diligence in collection against you or others responsible; we may release or modify any person’s liability without changing the liability of others; we and the CAB may sue or arbitrate with one or more persons without joining or suing others; and we and the CAB may renew, extend, refinance, or modify the obligations owed to us and the CAB.
 
NOTICES: You agree to provide us and the CAB, at the address specified by the CAB in the Credit Access Agreement, written notice of any bankruptcy, probate, lawsuit, arbitration, or other legal proceeding affecting the Credit Access Agreement or payment of the Note. Any notice we are required to provide under this Note or applicable law may be sent to you at the address provided in the Application by regular mail or any other reasonable method.
 
CREDIT INFORMATION AND REPORTING: You authorize us and the CAB to obtain your credit report from any consumer reporting agency and to conduct a bankruptcy review using PACER or any other method or service. We may report to consumer reporting agencies your performance under this Note and/or the Credit Access Agreement. Late payments, missed payments, or other defaults may be reflected in your credit report. If you believe that we have reported or the CAB has reported inaccurate information about you to a consumer reporting agency, please write the CAB at CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024, or call (855) 504-5941. In your letter, you must identify the date of your transaction, the information you question, and why you believe it is inaccurate.
 
GOVERNING LAW: This Note will be governed by the laws of the State of Texas, except the Arbitration Provision, which is governed by the Federal Arbitration Act (the “FAA”).
 
TELEPHONE CALLS; MONITORING: You agree that you will accept calls from us, the CAB, and/or the CAB’s agents regarding payment reminders and/or the collection of this Note. You agree that if you are past due or in default, you will accept calls from us, the CAB, or a third party we or the CAB
 
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contracts with regarding the collection of your account. If wireless or cellular telephone numbers are associated with your account, you agree that we may place calls to those numbers which may result in charges from your wireless or cellular carrier. You understand these calls could be automatically dialed and a recorded message may be played. You agree such calls will not be unsolicited calls for purposes of state and federal law. You also agree that, from time to time, we may monitor telephone conversations between you and us to assure the quality of our customer service.
 
EMAIL AND SMS TEXT MESSAGING: You consent that we, the CAB, or in the event that your account is turned over to a third party for collections, their agents may contact you via email at any email address associated with your account. In addition, you consent that we may transmit SMS text messages to any wireless telephone number associated with your account. You understand these contacts could be automatically generated and a standard message may be transmitted. You agree such contact is not an unsolicited contact for purposes of state and federal law. You agree that either we, the CAB or our agents may transmit SMS text messages to wireless telephone numbers associated with your account which may result in charges from your wireless carrier. Those charges will be reimbursed upon request and presentment of receipt(s) or bill(s). If you wish to opt-out from either email or SMS text messages, please contact the CAB at CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024, or call (855) 504-5941.
 
BANKRUPTCY: You represent that you are not currently a debtor in any bankruptcy proceeding and that you have no intention of filing bankruptcy under any chapter of the U.S. Bankruptcy code during the term of this transaction or within ninety (90) days following the completion of this transaction. Any notice(s) of any future bankruptcy petition and all subsequent filings, motions, orders or correspondence shall be mailed or sent by express courier to the CAB at CASH 1, Attn: Bankruptcy Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024. You agree any written or oral communication concerning a bankruptcy sent to us at our address identified above is null and void and of no effect.
 
NOTICE AND CURE: Prior to either you or us initiating litigation or an arbitration against the other party regarding a legal dispute or claim relating in any way to this Note or the Loan, the party asserting the claim (“Claimant”) shall give the other party written notice of the claim and the relief requested and a reasonable opportunity of not less than thirty (30) days to cure the claim. Any claim notice to you shall be sent in writing by mail or other reasonable means to the address you have provided in your Application (or any updated address you have subsequently provided). A collection notice or letter may constitute a claim notice if it otherwise meets the requirements of this paragraph. Any notice to us must be sent by certified mail, return receipt requested, to the CAB at CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024. We will reimburse you for the cost of the certified mail. Any corrective action shall relieve the recipient of the claim notice of any liability to the extent permitted by law.
 
ARBITRATION AND JURY TRIAL WAIVER
 
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION: Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit, to proceed in court and to have a jury trial to resolve their dispute; and (b) agree, instead, to submit their dispute to a neutral third person (an “arbitrator”) for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-hearing arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision. THEREFORE, IN CONSIDERATION OF OUR MUTUAL PROMISES CONTAINED HEREIN, AND IN ORDER TO INDUCE US TO EXTEND CREDIT TO YOU, YOU ACKNOWLEDGE AND AGREE WITH US AS FOLLOWS:
 
1.  For purposes of this Arbitration and Jury Trial Waiver provision (hereinafter “Arbitration Provision”), the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation, (a) all claims, disputes, or controversies arising from or relating directly or indirectly to: (i) this Note, the signing of this Note, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision, (ii) your request that we provide you with an extension of credit, (iii) the Disclosure Statement, Application for Credit Services and/or the Credit Access Agreement issued to and/or executed by you in connection with your credit services transaction with the CAB, and (iv) your request that the CAB provide you with credit services; (b) all federal or state law claims, disputes or controversies arising from or relating directly or indirectly to the transactions contemplated in connection with your request for credit services and/or an extension of credit, as well as any of the documents referenced above; (c) the information which you provided or that we otherwise collected in connection with your request for an extension of credit; (d) all claims, disputes, or controversies arising from or relating directly or indirectly, in whole or in part, to any agreement(s) and/or transaction(s) between you on the one hand and us or the CAB on the other, including without limitation all such past and subsequent agreement(s) and/or transaction(s), if any; (e) all counterclaims; (f) all common law claims between us, including without limitation, those based upon contract, tort, negligence, fraud or other intentional torts; (g) all claims which are based upon an alleged violation of any state or federal constitution, statute or regulation; (h) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (i) all claims asserted by you individually against us, and/or any of our employees, directors, officers, shareholders, partners, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or the right to equitable or injunctive relief; (j) all claims asserted by you individually against a collection agency, the CAB, and/or any of its related third parties, arising in connection with our provision of an extension of credit to you or its collection, including claims for money damages and/or the right to equitable or injunctive relief; (k) all claims asserted on your behalf by another person related to your transaction(s) with us for an extension of credit and/or with the CAB for credit services; and/or (l) all claims arising from or relating directly or indirectly to the disclosure or use by us, the CAB, or our respective related third parties of any non-public personal information about you.
 
2.  By signing this Note, each party to this Note acknowledges and agrees to:
 
(a) GIVE UP THE RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES;
(b) GIVE UP THE RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES; and
(c) GIVE UP THE RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES.
 
3.   Except as provided in Paragraph 6 below of this Arbitration Provision or as otherwise required by law, all disputes shall be resolved confidentially by binding arbitration only on an individual basis with you. Even though the CAB is an express third party beneficiary of this Note, claims between you and the CAB may not be consolidated with claims between you and us, without our written consent, which may be withheld for any or no reason. ADDITIONALLY, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT
 
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ALLOW YOU OR US TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. DISPUTE(S) BETWEEN YOU AND US MAY NOT BE CONSOLIDATED WITH DISPUTE(S) BETWEEN YOU OR US AND ANY OTHER(S) FOR ANY PURPOSE(S). IN THE EVENT THAT A COURT OR ARBITRATOR WITH AUTHORITY TO ENFORCE THIS ARBITRATION PROVISION DETERMINES THAT THE FORGOING PROVISIONS OF THIS PARAGRAPH (PROHIBITING CONSOLIDATED OR CLASS ARBITRATION) ARE UNENFORCEABLE, SUCH PROVISIONS MAY NOT BE SEVERED HEREFROM WITHOUT INVALIDATING THE REMAINDER OF THIS ARBITRATION PROVISION.
 
4.  Any party to a dispute, including related third parties, shall send the other party written notice of intent to arbitrate, setting forth the subject of the dispute along with the relief requested, by certified mail, return receipt requested, even if a lawsuit has been filed. Your notice must be sent to the CAB at the same address as listed below in Paragraph 10 of this Arbitration Provision. 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 (Tel: 800-778-7879),http://www.adr.org, in accordance with its Commercial Dispute Resolution Procedures and the Consumer-Related Disputes Supplementary Procedures; or Judicial Arbitration and Mediation Services, Inc. (“JAMS”) (Tel: 800-352-5267), http://www.jamsadr.com, in accordance with its Streamlined Arbitration Rules & Procedures. 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. The party receiving notice of arbitration will respond in writing by certified mail, return receipt requested, within twenty (20) 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 demand arbitration, you must notify us within twenty (20) days in writing by certified mail, return receipt requested, of your selection of an arbitration organization or your desire to select a local arbitrator. If you fail to provide notice of your selection to us, then we shall have the right to select an arbitration organization. The parties agree to be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator herein. You may obtain a copy of the rules and procedures by contacting the arbitration organizations listed above.
 
This Note may contain limitations of certain forms and amounts of damages that are recoverable in any arbitration or trial, and limitations related to the time periods within which each party must act to preserve its rights to proceed with a claim. Also, this Note contains requirements for the payment of fees and costs associated with arbitration. To the extent any of these limitations or requirements are found to be in conflict with a mandatory provision of applicable law, the conflicting limitation or requirement shall be modified automatically to comply with the mandatory provision of law, without affecting the validity or enforceability of any other provision in this Note, and without affecting the validity or enforceability of the limitations or requirements in any other jurisdiction.
 
In the event that a court or arbitrator with authority to enforce this Note determines that any specific term or provision contained in this Note is unenforceable, such term or provision may be severed from this Note without invalidating the remainder of the Note; provided, however, that the issue of severability related to consolidations and/or class actions shall be handled as described in paragraph 7 of this Arbitration Provision.
 
5.  Regardless of who demands arbitration, at your request we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable statutes of limitation, and shall honor claims of privilege recognized at law. 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 for credit services by the CAB and/or the extension of credit by us under this Note occurred, or in such other place as shall be ordered by the arbitrator. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If the arbitrator renders a decision or an award in your favor resolving the dispute, you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, or if you dismiss any arbitration initiated by you before the arbitrator renders a decision, the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. The arbitrator’s award may be enforced in any court having jurisdiction.
 
6.  All parties, including our related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment or order from a small claims tribunal shall be resolved by binding arbitration. The institution and maintenance by you, us or the CAB of any action set forth in this Paragraph 6 shall not constitute a waiver of the right to submit any dispute to arbitration, including any counterclaim asserted.
 
7.  Each party agrees that all disputes between the parties to this Note shall be arbitrated on an individual basis. This requirement is for the protection of the privacy and confidential interests of the parties, and for the efficient resolution of specific disputes. This provision means that the parties are prohibited from combining, consolidating or joining any claim they may have against one another with those of any other individual, or from representing or joining a class of claimants, or from acting as a private attorney general on behalf of other claimants in any arbitration, and that an arbitrator is prohibited from creating or maintaining such an action.
 
In the event this section 7, or any part of it, is found by an arbitrator and/or a court of law to be unenforceable, and a consolidation, joinder of claims, class action, and/or any other representative action is created in an arbitration proceeding, both parties agree that this provision is so material to the agreement to arbitrate that it may not be severed from this Arbitration Provision without invalidating the remainder of this Arbitration Provision. In that event, such a consolidation and/or class action proceeding shall not be arbitrated, but shall be heard in a court of law in a state or federal court of competent personal and subject matter jurisdiction. The parties reserve the right and shall be permitted to maintain any and all legal challenges (and all appeals, if any, relating thereto) to the decision of any arbitrator and/or court of law to disregard this section 7 by combining, consolidating or joining claims or allowing any person or persons to represent or join a class of claimants, or to act as a private attorney general on behalf of other claimants in any arbitration.
 
8.  The parties acknowledge that this Note is made pursuant to a transaction involving interstate commerce. Therefore, the parties agree that the enforceability and interpretation of this Arbitration Provision shall be governed, in the first instance, by the FAA. To the extent that the FAA does not apply to this Arbitration Provision, in whole or in part, then this Arbitration Provision shall be governed, to the extent the FAA is found not to apply, by
 
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the law of the State of Texas, including the Texas Arbitration Act.
 
9.  This Arbitration Provision is binding upon and benefits you, us, the CAB and our respective heirs, successors, assigns and related third parties. This Arbitration Provision shall continue in full force and effect, even if any party’s obligations have been paid or discharged through bankruptcy. This Arbitration Provision shall survive any termination, amendment, expiration or performance of any transaction between any of the parties and shall continue in full force and effect unless otherwise agreed in writing by the parties.
 
10.  OPT-OUT. If you decide that you no longer wish to be bound by this Arbitration Provision, you may cancel it by sending a written notice to the CAB at CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024. Your notice opting out must be post-marked no later than forty-five (45) days after the date you signed this Note in order to be effective. If you opt-out of arbitration, only this Arbitration Provision will be affected; no other agreement or transaction will be affected.
 
ENTIRE AGREEMENT: This Note is the entire agreement between you and us relating to the subject matter of this Note. No modification of this Note shall be effective unless in writing and signed by you and us. Subject to any contrary provisions herein contained, if any provision of this Note is determined to be invalid or unenforceable, such provision shall be reformed if practicable so as to achieve its intended purpose(s) and shall not in any way affect the remaining provisions of this Note.
 
By signing this Note, (a) YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED, READ, UNDERSTOOD, AND RETAINED A COPY OF THIS NOTE WITH ALL NECESSARY SPACES COMPLETED AND THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS NOTE, INCLUDING THE ARBITRATION AND JURY TRIAL WAIVER PROVISION; and (b) you agree that you have read, understood, and consent to the terms of our Privacy Notice and the CAB’s Privacy Notice.
 
 


____________________________________________________
Customer's/Buyer's Signature:  

12/02/2016
__________________
Date  
 


____________________________________________________
Signature of Seller’s Authorized Representative





12/02/2016
__________________
Date  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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  • I AGREE TO THE TERMS OF THE PROMISSORY NOTE ABOVE.

OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION - LENDER

NOTE: For security purposes, we record your IP Address 54.204.202.221
 
OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION
 
Lender: @LENDER_ENTITY
@LENDER_ADDRESS
 
Borrower:
Transaction Number: 0 Date of Transaction: 12/02/2016
 
SIGNING THIS FORM IS COMPLETELY OPTIONAL. YOU ARE NOT REQUIRED TO MAKE THE PAYMENTS PURSUANT TO YOUR PROMISSORY NOTE (THE “NOTE”) TO US OR CASH 1 (THE “CAB”) VIA CARD, ELECTRONIC FUND TRANSFER, OR DRAFT. BY SIGNING BELOW, YOU AGREE AS FOLLOWS:
 
Payment Authorization: For each payment due pursuant to the Note, you authorize us, the CAB, and our agents, successors and assigns (collectively “we” or “us”) to charge the MasterCard® or VISA® card, if any, identified below (the “Card”), or, if the payment cannot be obtained from the Card, to initiate an electronic fund transfer (“EFT”) through the ACH network or another network from the bank account, if any, identified below (the “Bank Account”). You further authorize us to obtain any payment due on the Note by creating a remotely created check, remotely created payment order, demand draft, bank check, bank draft, or similar payment device (collectively “Draft”) and presenting/depositing the Draft on the Bank Account. You further authorize us to credit or charge the Card and/or the Bank Account to correct any incorrect credit or charge. In addition, you authorize us to credit the Card and/or the Bank Account as necessary and appropriate to provide you with cash advances, reimbursements, or refunds.
 
Unsuccessful Charges: If any payment cannot be obtained by EFT, Card charge, or Draft, you remain responsible for such payment and any resulting fees under the Note. If an EFT is dishonored, you authorize us to attempt to process the EFT up to two additional times. If a Card charge is rejected, you authorize us to reinitiate charges to the Card, starting the same day the initial Card payment was rejected, until we recover the entire charge, even if one or more daily charges are rejected. BEFORE AUTHORIZING EFTs, CARD PAYMENTS, OR DRAFTS, YOU SHOULD CONSIDER THAT YOUR BANK OR CARD ISSUER MIGHT CHARGE YOU AN OVERDRAFT OR SIMILAR FEE IF THE EFT, CARD CHARGE, OR DRAFT CREATES OR INCREASES THE AMOUNT OF ANY OVERDRAFT ON YOUR BANK ACCOUNT OR CARD. In order to avoid overdraft and/or dishonored payment fees by your Card issuer or bank, you should notify us in advance if you will not be able to pay the full amount you owe on any due date. You should also consider instructing your Card issuer or bank not to pay overdrafts on your Card or Bank Account. We are not liable to you for any fees or charges your bank or Card issuer may impose.
 
Amounts Outstanding After the Maturity Date: In the event that any amounts remain unpaid after the maturity date of the Note, you authorize us to seek repayment of such amounts (including any fees and interest) by charging the Card daily until all amounts you owe under the Note are repaid, even if one or more daily charges are rejected. After the maturity date of the Note, you further authorize us to initiate EFTs from the Bank Account and/or create and deposit Drafts on the Bank Account on successive Fridays until all amounts you owe under the Note are repaid in an amount equal to the lesser of the amount outstanding under the Note and the amount of your regular payment as set forth in the Note.
 
Payments Due on a Bank Holiday. IN THE EVENT THAT A DUE DATE SET FORTH IN THE NOTE OR ANY OTHER DUE DATE PURSUANT TO A DEFAULT REPAYMENT PLAN FALLS ON A WEEKEND OR BANK HOLIDAY (I.E., A WEEKDAY WHEN BANKS IN TEXAS ARE PERMITTED TO BE CLOSED), YOU AUTHORIZE US TO CHARGE THE CARD OR DEBIT THE BANK ACCOUNT FOR THE PAYMENT ON OR AFTER THE BANK BUSINESS DAY IMMEDIATELY PRECEDING THE DUE DATE. If you would prefer that we instead seek payment on the bank business day immediately following the bank holiday, please notify us at least three days before the bank holiday by calling (866) 989-3730.
 
Modified Charges: Instead of or in addition to any Card charges, EFTs, or Drafts described above, you authorize us to process any Card charges, EFTs, or Drafts you subsequently confirm by phone, text message or email.
 
Termination: You may terminate this Authorization by writing to the CAB at @LENDER_ENTITY c/o CASH 1, Attn: Compliance Department, 725 East Covey Lane, Suite 170, PHOENIX, AZ 85024. We will discontinue initiating Card charges, EFTs, or Drafts as soon as we reasonably can and, in any event, within three business days after receiving your termination request.
 
Card and/or Bank Account Identification: The Card and/or Bank Account are as follows:
 
MasterCard or Visa Card
Card Number: N/A
Expiration Date: N/A
Checking Account

Financial Institution: N/A

Account Number: N/A


City/State: N/A

RoutingNumber: N/A
 
By signing below, you promise us that: (1) you are authorized to incur charges and make payments from the Card and Bank Account, as applicable; (2) you have read and agree to all of the terms of this Authorization; and (3) you have received a copy of this Authorization.

____________________________________________________
Customer’s/Buyer’s Signature:  
12/02/2016
__________________
Date  
  • I AGREE TO THE TERMS OF THE OPTIONAL ELECTRONIC PAYMENT AUTHORIZATION OF THE PROMISSORY NOTE ABOVE.