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ADDITIONAL TERMS OF AGREEMENT
1. TRUTH OF APPLICATION: You certify that the information contained in the CASH 4 CHECKS information form (the “Application”) given to us by you to induce us to enter into this Agreement is true and correct. You understand that we are relying upon the Application and this Agreement. You authorize us to verify any information through any source including use of a credit report. 2. CUSTOMER’S FINANCIAL INSTITUTION CHARGES: You will not hold us or our agents responsible for depositing the Check(s) or electronically transmitting the amount(s) of the Check(s) on the Payment Due Date or for any fees you must pay as a result of that deposit or transmittal. 3. INITIAL ACCOUNT SETUP FEE: None 4. DISHONORED CHECK OR ELECTRONIC DEBIT: If, for any reason, your financial institution dishonors the Check(s) or any Electronic Debit Transaction based upon the Check(s), and it is returned to us unpaid, you agree to pay us a fee of $15.00 per returned item. 5. DEFAULT: You will be in default under this Agreement if: A. You stop payment on the Check(s). B. The Check(s) or any Electronic Debit is/are returned unpaid by your financial institution for any reason; or C. You do not redeem your Check(s) on the due date (if at initial set up you made a request to pick the Check(s) in lieu of us depositing same); or D. You provide false or misleading information about yourself, your employment or your financial condition (including the account on which the Check(s) is drawn) in the Application or elsewhere prior to entering into this Agreement; or E. Any of the following things happen to you: Death; failure to pay your debts as they come due; appointment of a committee, receiver or other custodian of any of your property; or the commencement of a case under the Federal Bankruptcy Laws by or against you as a debtor. 6. CONSEQUENCES OF DEFAULT: Should you stop payment on the Check(s) or if you are otherwise in default under this Agreement, we may, at our option, go to court and get a judgment against you for the then unpaid amount of your obligation to us. In the event judgment is entered in our favor, we may seek to collect this judgment through all judicial means necessary, including attaching your non-exempt property, or garnishing your wages. 7. COLLATERAL: Your obligations under this Agreement are not secured by any collateral. 8. METHOD OF PAYMENT: You understand that the Check(s) will be held for deposit for no longer than sixteen (16) days. You agree that we may deposit the Check(s) or transmit the Electronic Item(s) on the Payment Due Date if you have not paid us in cash or by cashier’s check, money order or other immediately available funds the amount of the Total of Payments before noon on the Payment Due Date. If payment is made prior to the deposit of the Check(s), we will return the Check(s) to you at the time we receive payment. 9. GOVERNING LAW: Both this Agreement and the Application were executed at our offices in the State of California, and you agree that this transaction, the arrangement with us, and this Agreement shall be governed by, construed under, and enforced solely in accordance with the laws of the State of California. YOU AGREE THAT THE STATE COURTS LOCATED IN THE STATE OF CALIFORNIA WILL HAVE EXCLUSIVE JURISDICTION AND VENUE OF ACTIONS TO ENFORCE THIS AGREEMENT. 10. ARBITRATION: Any claim, demand, dispute or cause of action (“Claim”) arising under this Agreement or the transaction in connection with which this Agreement has been executed shall be settled by binding arbitration in accordance with this Agreement. The claimant must submit to the other party in writing an explanation of the claim and a demand that the claim be resolved by arbitration. If the other party does not respond to the submittal in writing within (20) days of its receipt, the claimant may pursue the Claim through arbitration, court action, or other means otherwise available. If either party, you or we, fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorney’s fees, incurred by the other party compelling arbitration. In all other situations, each party, you and we, shall each bear its own costs and expenses, including attorney’s fees, that that party incurs with respect to the arbitration. The arbitration shall be final and binding, and judgment upon the award shall be entered in any court having jurisdiction thereof. 11. ARBITRATION PROCEDURES: Any arbitration shall be with, and under the rules of either the American Arbitration Association, or Jams/End Dispute in effect at the time the Claim is presented. Either party shall have 20 days to select one of these organizations to service the arbitration administer after you or we have initiated an arbitration against the other, or either you or we compel arbitration of a Claim which the other party has brought in court. If the party to select an arbitrator fails to select one, then the other party may select the arbitrator from the foregoing list. A party who has asserted a Claim in a lawsuit in court may elect to arbitrate with respect to any Claim that is subsequently asserted in that lawsuit by any other party or parties. 12. SURVIVAL, SEVERABILITY, PRIMACY: The arbitration provisions contained herein shall survive your voluntary payment of the amounts due us under this Agreement, the sale or transfer of our rights under this Agreement, and your bankruptcy. If any portion of the Arbitration provisions contained in this Agreement are deemed invalid or unenforceable under any law or statue, then that invalidity shall not extend to the remaining portions of the Arbitration provisions, or to the rest of this Agreement, which shall be enforceable regardless of such invalidity. 13. WAIVER OF JURY TRAIL: IN ALL EVENTS, WHETHER THERE IS A COURT ACTION, OR WHETHER THE MATTER PROCEEDS BY BINDING ARBITRATION, NEITHER YOU NOR WE SHALL HAVE, AND ALL PARTIES HERETO WAIVE, THE RIGHT TO HAVE A JURY TRIAL ON ANY CLAIM. 14. NO RIGHT TO CLASS ACTION: TO THE EXTENT PERMITTED BY LAW, BY EXECUTING THIS AGREEMENT, 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, OUR AGENTS, SERVICES, 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. This Agreement is not a waiver of any of your rights and remedies to pursue a Claim individually and not as a class action, and to pursue binding arbitration as provided herein. This Agreement to not bring or participate in any class action lawsuits is an independent agreement and shall survive the repayment of the amounts due from you under this Agreement. |