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). |