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Cash loan disclosures

TRUTH IN LENDING ACT  ·  TERMS  ·  REQUIREMENTS  ·  EFT DISCLOSURES

The purpose of Hot Payday Cash loan Agreement is to make you, our customer, fully aware and informed of all terms and conditions of our policies, as well as all Federal and State regulations as required by law.

C & C Financial Services Inc. DBA Hot Payday is LICENSED AND BONDED WITHIN THE STATE OF UTAH. Any submitted transactions via the Internet are deemed to have taken place in Utah regardless of your physical location. Nevertheless, if you do not want to enter into a cash loan subjected to the laws of Utah, then you should apply for a cash loan at a provider located in the state where you live. Our deferred presentment agreement is governed by laws of Utah, which makes you, our customer abiding to the laws of the state of Utah.

FEDERAL DISCLOSURE REQUIREMENTS

Regulation B in Federal Law prohibits the consideration of Age, Sex, Race, Ethnicity, Gender, National Origin, or Handicap as a basis for making anyone a loan (as in our cash loan Program). Hot Payday, does not discriminate based on any of these factors. In addition, Hot Payday will not enter into or maintain vendor/reciprocal information service type relationships with anyone who does not conform to these anti-discriminatory practices.

Regulation Z in Federal Law requires the full disclosure of all costs and terms associated with any credit purchase or transaction (such as this cash loan) and further requires that the costs associated with the transaction be expressed as an annual percentage rate of interest or A.P.R.

TERMS AND CONDITIONS

In reference to this agreement, the words "I, you, and your" refers to you (borrower) as a participant associated with Hot Payday Cash loan Program. The words "us, we, and our" refers to Hot Payday (lender).

Prepayment: You may prepay your obligation under this Agreement in full at any time without penalty.

Method of Payment: Your electronic authorization in the amount of the Total of Payments stated in the Federal Truth-In-Lending Disclosures and dated as of the date indicated in the Payment Schedule stated in the Federal Truth-In-Lending Disclosures (the “Payment Date”) will be held by us until the Payment Date as Security for this advance. You agree that we may debit your account for the Payment if you have not paid us in cash or by cashier’s check, money order, or other immediately available funds the amount of Total Payments before noon (EST) on the Payment Date. If payment is made prior to the EFT/ACH payment date, we will cancel the electronic authorization at the time we receive payment.

Returned Payments:  In the event your electronic payment of any amount due under this agreement is returned due to insufficient funds or credit, stopped payment, or closed account, or any other reason, we shall assess a $20 returned fee.

Documentation:  I agree that electronic mail, electronic forms, records, photocopies, and/or facsimile copies of the documents I submit are valid and enforceable as the original. I agree that by typing or writing my name as my signature, it is acknowledged and understood that it constitutes an acceptance of all terms and conditions of the master cash advance agreement and is valid and enforceable.

Jurisdiction: This transaction shall be governed in accordance with the laws of the State of Utah without regard to its conflicts of law principles, regardless of the order in which the parties agree.

The Agreement shall be deemed executed at our place of business in Utah as designated herein. Further, if any provision(s) of the Arbitration Clause is/are found invalid, you agree that all actions or proceedings arising directly or indirectly, from this Agreement shall be litigated in such courts and consent that valid service of process may be made by certified or registered mail, to you at your address set forth herein or as may otherwise be designated hereafter by you in writing, and service so made shall be complete two days after delivery as aforesaid. You and we agree that each party in any such action is to bear its own attorneys fees, costs and expenses of such litigation regardless of whether such fees and costs are provided for under any applicable law or statute. The codes, statutes and laws of the State of Utah govern this entire transaction.

Class Action:  I agree, to the extent permitted by law, which I will not bring, join, or participate in any class action or multi-plaintiff action as to any claim, dispute, or controversy I may have against Hot Payday. I agree to the entry of injunctive relief to stop such a lawsuit or to remove myself as a participant in the suit. This agreement does not constitute a waiver of any of my rights and remedies to pursue a claim individually.

Arbitration:  Both parties agree that any claim, dispute, or controversy between us, any claim by either party against the other or the agents, services, or assigns of the other, including the validity of this agreement to arbitrate disputes as well as claims alleging. Fraud or misrepresentation shall be resolved by binding arbitration by and under the Code of Procedures of the National Arbitration Forum (NAF) at the time the claim is filed.  Rules and form of the NAF may be obtained and all claims shall be filed at any NAF office on the World Wide Web at www.arbforum.com or at P.O. Box 50131, Minneapolis, MN 55405. Any arbitration hearing, if one is held, will take place at a location near your residence. Your arbitration fees will be waived by the NAF in the event you cannot afford to pay them. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act 9. USC Section 1-18. Judgment upon the award may be entered by any party in court having jurisdiction. Notice: Both parties have had the right or opportunity to litigate disputes through a court but we have agreed instead to resolve disputes through binding arbitration.

By signing and submitting the application form, I understand and agree to all terms and conditions of this Master Agreement and by submitting the online information application by Internet, I am applying for a cash advance and certify that information provided by me is true and correct under penalty of perjury. I authorize you to verify the information in this application and hereby give Hot Payday consent to obtain information on me from a consumer reporting agency or other various means available. I understand Hot Payday 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, I understand verification of the information I have provided is necessary, including, but not limited to, proof of residence, employment and bank account verification. I accept personal responsibility for safeguarding any PIN or CUSTOMER NUMBER that might be assigned to me.

I also agree to allow Hot Payday to use Teletrack database to conduct a national search on myself containing all relevant information associated with other lending institutions.

These transactions shall be made in the State of Utah and Utah Laws shall govern all aspects thereof.

*REGISTERED WITH THE UTAH STATE DEPARTMENT OF FINANCIAL INSTITUTIONS

(Be sure you fully understand the Hot Payday program and procedures before submitting your forms for acceptance. If you are unsure, please take time to review or contact a customer service representative to answer any questions you may have).

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