WARNING
Prepayment: If you payoff this loan early, you will not have to pay a prepayment penalty.
Terms And Conditions
In this Deferred Presentment Agreement ("Agreement"), the words "you or your" mean the customer identified on front of agreement. The words "Us", "We", and "Our" mean CashAmericaToday.
1. Acceptance : As set forth herein, you accept the terms and conditions as outlined in this Agreement by authorizing us to cash your check(s). This Agreement is confirmation of our agreement including the terms, which were available to you in writing at our office, on our website located at www.cashamericatoday.com and verbally from one of our operators prior to the completion of the transaction. You may have chosen to purchase other unattached and distinctive goods or services from us, including money transmittal, wiring services, electronic billing and payment, check creation and printing, invoicing, postage, and/or other goods or services. The purchase of such goods or services constitute(s) a separate transaction(s) from check cashing for which you were provided notice that these is/may be an additional charge.
2. Electronic Presentment of Funds : You agree to the electronic presentation by us of any funds owed and to the re-presentation of any presentations that are returned to us for any reason. Such electronic re-presentation may be for less than the original amount owed us or in any increments totaling the amount due including the maximum permissible non-sufficient funds fees charged by us.
3. Rescission of Installment Loan : You can rescind the loan without cost or further obligation to us, if you return the loan amount provided on or before 5:00 PM the next business day following the Loan Funding Date. For example, if you complete a Installment loan at 4:00 PM on Thursday, you have until 5:00 PM on Friday to rescind the agreement.
4. WARNING ABOUT FRAUD AND IDENTITY THEFT : Attempting to obtain a credit transaction by providing false information, including but not limited to the use of false or altered documents and the use of another person's identity other than your own (Identity Theft), is fraudulent and, in some cases, punishable by law. CashAmericaToday reserves the right to report any and all information obtained in connection with a verified fraud attempt to local, state, or federal authorities for possible investigation and prosecution.
5. Notice of Furnishing Negative Information : We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
6. Class Action : You agree, to the extent permitted by law, that You will not bring, join, or participate in any class action or multi-plaintiff action as to any claim, dispute, or controversy You may have against CashAmericaToday. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in the suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually as outlined herein.
7. Documentation : You agree that electronic mail, electronic forms, records, photocopies, and /or facsimile copies of the documents you submit are valid and enforceable as the original. Further, you agree that by verbal consent in person or by phone, typing your name as your electronic signature, or any other manner or method of acceptance as outlined herein constitutes an acceptance of all terms and conditions of the Agreement for which will be deemed valid and binding on all parties to this Agreement.
8. WAIVER OF JURY TRIAL AND ARBITRATION PROVISION
GOVERNING LAW : The laws of the State of Utah will govern this Agreement. However, any dispute arising out of this Loan Agreement and any renewal thereof will be subject to the ARBITRATION PROVISION (“Arbitration Agreement”), which is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 ("FAA").
THIS AGREEMENT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR AND REPLACES THE RIGHT TO GO TO COURT AND HAVE A DISPUTE RESOLVED BY A JUDGE OR JURY. THIS AGREEMENT ALSO WAIVES YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
WAIVER OF JURY TRIAL AND AGREEMENT TO ARBITRATE. Unless you promptly opt-out of arbitration in the manner described below, by entering into this Arbitration Agreement, you are waiving your right to bring any claims that directly or indirectly arise from your Loan Agreement in any court other than a small claims tribunal. Instead, you are agreeing to resolve such claims in binding and mandatory arbitration.
Arbitration is a process in which persons with a dispute (a) waive their rights to file a lawsuit and proceed in court before a judge or jury; and (b) agree, instead, to submit their disputes 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. Discovery in arbitration proceedings 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.
SCOPE OF THE ARBITRATION AGREEMENT. For purposes of this Arbitration Agreement, 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 the signing of this Arbitration Agreement, the validity and scope of this Arbitration Agreement, the matters subject to arbitration under this Arbitration Agreement, and any claim or attempt to set aside this Arbitration Agreement, including but without limitation on the basis of unconscionability; (b) all federal or state law claims, disputes, or controversies, arising from or relating directly or indirectly to the Loan Agreement, the information you gave us before entering into the Loan Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims, and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other common law theories; (e) all claims based upon a violation of any state or federal constitution, statute, or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company, affiliated entities, successors, assigns, or subsequent holders of your promissory note (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a class representative, or in any other representative capacity, or as member of any class or putative class asserting claims against us or any related third parties, (hereinafter referred to as "Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you.
CLASS ACTION WAIVER. By agreeing to this Arbitration Agreement, you are waiving your ability to participate in class action litigation and/or class-wide arbitration as a class representative, a class member, or in any other capacity. This Class Action Waiver shall remain in effect even if a court or arbitrator finds that the agreement to arbitrate set forth in this Arbitration Agreement is unenforceable.
THEREFORE YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES.
a. Except as provided in Paragraph j below, all disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration on an individual basis with you only. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN ANY ARBITRATION.
b. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association (hereinafter referred to as "AAA") (1-800-778-7879) https://www.adr.org or JAMS (1-800-352-5267) https://www.jamsadr.com. The parties may also agree in writing to select an arbitrator who resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and to arbitrate in accordance with such arbitrator's rules. If (a) the AAA and JAMS are unavailable or unwilling to arbitrate a dispute covered by this Arbitration Agreement, and (b) the parties cannot reach an agreement as to an alternative arbitrator, and (c) an action is filed in any court other than a small claims tribunal, that court shall appoint a substitute arbitrator pursuant to Section 5 of the FAA.
c. The party receiving notice of arbitration shall 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 related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. Arbitration proceedings will be governed by the rules and procedures of the selected arbitration organization or arbitrator, except to the extent such rules and procedures contradict the terms of this Arbitration Agreement, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures of the AAA and JAMS by contacting them at the contact information listed above.
d. Regardless of who demands arbitration, unless you request otherwise 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 FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitrator may award any relief available under applicable law, subject to the limitations set forth in this Arbitration Agreement. The arbitration hearing will be conducted in the county of your residence. 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. If the arbitrator renders a decision or an award in your favor resolving the dispute, then 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, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, less any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award.
e. The arbitrator's award may be filed with any court having jurisdiction. The arbitrator may award you reasonable attorneys' fees and expenses if you substantially prevail in arbitration and applicable law does not prohibit such an award. If we or related third parties substantially prevail in arbitration, the arbitrator may award us or related third parties reasonable attorneys’ fees and expenses unless the arbitrator also finds that you asserted frivolous or fraudulent claims or allegations.
f. PRE-ARBITRATION SETTLEMENT OFFER AND MINIMUM RECOVERY. If you make a written request for a pre-arbitration settlement offer from us in the manner described below and the arbitrator awards you damages in an amount greater than our last pre-arbitration settlement offer, we will be liable to you for the greater of $5,000 or the arbitrator's damages award, exclusive of any other relief the arbitrator may award you, including reasonable attorneys' fees and expenses. For purposes of this Paragraph only, if you properly request a pre-arbitration settlement offer from us and we do not make one, the Parties shall treat our last pre-arbitration settlement offer as being for zero dollars. Any request for a pre-arbitration settlement offer must be made in writing and submitted to email manager@cashamericatoday.com
To be valid, a request must include your name, address, account number, or social security number, the date of your Loan Agreement, and a clear and accurate description of your claims and any supporting facts. We shall have fourteen days to respond to your request, unless we and you otherwise agree in writing. Although we are entitled to make more than one pre-arbitration settlement offer, if we choose not to make more than one offer, our first offer shall be considered our last offer for purposes of this Paragraph regardless of whether you make additional requests. The Minimum Recovery provision of this Paragraph shall only apply to a damages award you obtain based on the same or materially similar claims and supporting facts as those set forth in your request for a pre-arbitration settlement offer.
g. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal in the county of your residence 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 from a small claims tribunal shall be resolved by binding arbitration. By agreeing to this Arbitration Agreement, you are waiving your ability to participate in class action litigation and/or class-wide arbitration as a class representative, a class member, or in any other capacity. This Class Action Waiver shall remain in effect even if a court or arbitrator finds that the agreement to arbitrate set forth in this Arbitration Agreement is unenforceable.
h. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of State of Utah.
i. This Arbitration Agreement is binding upon and benefits you, your respective heirs, successors, and assigns. This Arbitration Agreement is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Agreement continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Agreement survives any cancellation, termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any part of this Arbitration Agreement is held invalid, the remainder, including the Class Action Waiver, shall remain in effect.
j. OPT-OUT PROCESS. You may choose to opt out of the Arbitration Agreement, but only by following the process set-forth below. If you do not wish to be subject to this Arbitration Agreement, then you must notify us in writing within Thirty (30) calendar days of the date of this Arbitration Agreement at the following email: manager@cashamericatoday.com
Your written notice must include your name, address, account number or social security number, the date of this Arbitration Agreement, and a statement that you wish to opt out of this Arbitration Agreement. If you choose to opt out, then your choice will apply only to your Loan Agreement and will not apply to any other contracts, agreements, or other claims between you and us and any related third parties.
BY SIGNING THE AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND THAT YOU ARE BINDING YOURSELF TO THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION PROVISIONS.
These terms and conditions may be updated or superceded by terms and conditions in the loan agreement that you will enter into with CashAmericaToday for your loan. In the event of any conflict between the terms and conditions shown on this website and in the loan agreement you enter into with CashAmericaToday, the terms and conditions in the loan agreement shall prevail.
9. Consent For Electronic Records : Please read this information carefully and, for future reference, either print a copy of this document or retain this information electronically.
a. Introduction : I am submitting a credit application to Lender. Lender can give me the benefits of its online service only if I consent to use and accept electronic signatures, electronic records, and electronic disclosures in connection with this transaction (my "Consent"). By completing and submitting an online credit application (my "Application"), I acknowledge that I have received this document and have consented to the use of electronic signatures, electronic records, and electronic disclosures in connection with this transaction (collectively "Records").
b. Electronic communications : I may request a paper copy of any Record by emailing Lender at:support@cashamericatoday.com. I may request a paper copy even if I withdraw my Consent. Lender will retain the Records as required by law and will provide me with a paper copy of any Record at no charge.
c. Consenting to do business electronically : Before giving my Consent, I should consider whether I have the required hardware and software capabilities described below.
d. Scope of consent : My Consent and our agreement to conduct this transaction electronically only apply to this transaction. If Lender receives my Consent, then Lender will conduct this transaction with me electronically.
e. Hardware and software requirements : To access and retain the Records electronically, I will need to use the following computer software and hardware: An IBM or MAC compatible computer with Internet access and an Internet Browser that meets the following minimum requirements: Mozilla Firefox 1.5 or later versions or Microsoft Internet Explorer 5.01 or later versions. Also, the specific Internet Browser must support at least 128 bit encryption. To read some documents, I will need a PDF file reader like Adobe Acrobat Reader. If at any time during this transaction these requirements change in a way that creates a material risk that I may not be able to receive Records electronically, Lender will notify me of these changes.
f. Withdrawing consent : I may withdraw my Consent at any time and at no charge to me. If I withdraw my Consent prior to receiving the credit transaction, then my withdrawal will prevent me from obtaining an on-line credit transaction (i.e., a credit transaction obtained over the Internet). To withdraw my Consent, I must e-mail Lender at: support@cashamericatoday.com. Note, however, that the withdrawal of my Consent will not affect the legal effectiveness, validity, or enforceability of the credit transaction or of any Records that I received electronically prior to such withdrawal (including but not limited to the Waiver of Jury Trial and Arbitration Provision, each set forth above).
g. Change to my contact information : I must keep Lender informed of any change in my e-mail address or my ordinary mail address. To update my address information, I will e-mail Lender at support@cashamericatoday.com .
h.Use Of SMS Messaging and Cell Phone : Lender may send me SMS ("text") messages regarding my account, including reminders, notifications and collection communications, at my mobile phone number disclosed on my application. I understand that my mobile number will only be used to contact me regarding my account or for the other purposes authorized by this agreement and will not be shared or used for any other purpose. Lender's service will not charge me to receive or reply to text messages that you receive from Lender. However, I understand that my mobile carrier may charge their standard text message rates. In order to opt out of receiving such messages, I may notify Lender by texting "STOP" from my mobile device, or I may opt out by sending written instructions to Lender via email or regular mail. I expressly authorize Lender to place calls to my cell phone, including auto-dialed calls or calls containing prerecorded messages, in connection with the collection of any amounts due from me.
i. Electronic Signature/Verbal Consent By agreeing to this application, you understand and agree to all terms and conditions of this Agreement and by submitting the online information application by Internet or by phone, you are applying for a cash advance and certify that information provided by you is true and correct under penalty of perjury. You agree that upon submission of my electronic signature or verbal consent by phone, you are not presently involved in, or contemplating bankruptcy now or in the future. You authorize us to verify the information in this application and hereby give CashAmericaToday the consent to obtain information on you from a consumer reporting agency or other various means available. You understand CashAmericaToday reserves the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of due diligence of applicant. In order to process this application, you understand verification of the information you have provided is necessary, including, but not limited to, employment and bank account verification. You accept personal responsibility for safeguarding any PIN or CUSTOMER NUMBER that might be assigned to you.
10. Assignment: We hereby reserve all rights and power to assign any of our interests in the Agreement to any successor, assignor or purchaser for value without notice or your consent.
11. Collection and Use of Bank Account Information: If we extend credit to a consumer, we will consider the bank account information provided by the consumer as eligible for us to process payments against.
If you have any questions, please contact us.