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Terms & Conditions |
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Notice: A short term loan provides the cash needed to meet an immediate short-term cash flow
problem. It is not a solution for longer term financial problems for which longer term financing
may be more appropriate. You may want to discuss your financial situation with a nonprofit
financial counseling service in your community. You will be charged additional fees if you renew
the loan.
AGREEMENT TO ARBITRATE ALL DISPUTES: By signing below and to induce us, Payday Financial, LLC,
to process your application for a loan, you and we agree that any and all claims, disputes or
controversies that we or our servicers or agents have against you or that you have against us,
our servicers, agents, directors, officers and employees, that arise out of your application for
one or more loans, the Loan Agreements that govern your repayment obligations, the loan for which
you are applying or any other loan we previously made or later make to you, this Agreement To
Arbitrate All Disputes, collection of the loan or loans, or alleging fraud or misrepresentation,
whether under the common law or pursuant to federal or state statute or regulation, or otherwise,
including disputes as to the matters subject to arbitration, shall be resolved by binding
individual (and not class) arbitration by and under the Code of Procedure of the National
Arbitration Forum ("NAF") in effect at the time the claim is filed. This Agreement To Arbitrate
All Disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms
of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide
Web at www.arb-forum.com, or at "National Arbitration Forum, P.O. Box 50191, Minneapolis,
Minnesota 55405-0191." If you are unable to pay the costs of arbitration, your arbitration fees
may be waived by the NAF. The cost of a participatory hearing, if one is held at your or our
request, will be paid for solely by us if the amount of the claim is $15,000 or less. Unless
otherwise ordered by the arbitrator, you and we agree to equally share the costs of a
participatory hearing if the claim is for more than $15,000 or less than $75,000. Any
participatory hearing will take place at a location near your residence. This arbitration
agreement is made pursuant to a transaction involving the Indian Commerce Clause of the
Constitution of the United States of America and the laws of the Cheyenne River Sioux Tribe.
It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the
award may be entered by any party in any court having jurisdiction. This Agreement To Arbitrate
All Disputes is an independent agreement and shall survive the closing, funding, repayment and/or
default of the loan for which you are applying.
NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES
THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE
DISPUTES THROUGH BINDING ARBITRATION, UTILIZING THE PRINCIPLES OF FEDERAL INDIAN LAW, THE INDIAN
COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE CHEYENNE
RIVER SIOUX TRIBE.
AGREEMENT NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, by
signing below you agree that you will not bring, join or participate in any class action as to any
claim, dispute or controversy you may have against us or our agents, servicers, directors,
officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or
to remove you as a participant in the suit. You agree to pay the costs we incur, including our
court costs and attorney's fees, in seeking such relief. This agreement is not a waiver of any
of your rights and remedies to pursue a claim individually and not as a class action in binding
arbitration as provided above. This agreement not to bring, join or participate in class action
suits is an independent agreement and shall survive the closing, funding, repayment and/or
default of the loan for which you are applying
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your credit score, may be obtained by some service providers or lenders, in certain circumstances.
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