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ARBITRATION PROVISION AND PRIVACY NOTICE
ARBITRATION PROVISION
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT, UPON THE ELECTION
OF EITHER PARTY, ANY LEGAL DISPUTE BETWEEN THE PARTIES WILL BE RESOLVED BY BINDING
ARBITRATION. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A
JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Right to Reject Arbitration Provision: IF I ACT PROMPTLY, I MAY REJECT THIS ARBITRATION
PROVISION, IN WHICH EVENT NEITHER YOU NOR I WILL HAVE THE RIGHT TO REQUIRE ARBITRATION
OF SOME OR ALL CLAIMS (AS SUCH TERM IS DEFINED BELOW). REJECTION OF THE ARBITRATION
PROVISION WILL NOT AFFECT ANY OTHER ASPECT OF MY LOAN, MY DEFERRED PRESENTMENT AGREEMENT
OR YOUR WILLINGNESS TO MAKE FUTURE LOANS TO ME. TO REJECT THE ARBITRATION PROVISION,
I MUST ACT WITHIN THE TIME FRAME AND FOLLOW THE INSTRUCTIONS SET FORTH BELOW UNDER
THE CAPTION "REJECTION OF ARBITRATION PROVISION."
Certain Definitions: Capitalized words defined in my Deferred Presentment Agreement
have the same meanings in this Arbitration Provision. Certain other terms used in
this Arbitration Provision have special meanings: "I", "me", and "my" mean the Borrower
named in the Deferred Presentment Agreement. "You" and "your" mean: (1) Security
Payday Loans. (2) any company that owns or controls Security Payday Loans (a "Parent
Company"); (3) any company that is controlled by a Parent Company and/or Security;
(4) any person or company with a financial interest in the Loan including, but not
limited to, collection companies and their employees in the collection of my debt;
(5) any person or company entitled by law to the rights under this Arbitration Provision
of any company identified in (1)-(4) above; and (6) any employee or other individual
who manages, controls or provides services to any such person or company. Also,
if either you or I elect to arbitrate any Claim I bring against you, "you" and "your"
include any other persons or companies whom I make a Claim against. "Claim" means
any legal dispute between me and you that has anything at all to do with: (1) my
Deferred Presentment Agreement or this Arbitration Provision; (2) any similar prior
agreement between me and you; (3) my application for my Loan and any similar prior
loan from you ("Prior Loan"); (4) your servicing or collection of my Loan or any
Prior Loan; or (5) any advertising, promotion, disclosure or notice relating to
my Loan or any Prior Loan. This includes a dispute about whether this Arbitration
Provision is valid or enforceable or about when it applies, if the dispute is arbitrable.
It includes disputes about constitutional provisions, statutes, ordinances, regulations,
compliance with contracts, and wrongful acts of every type (whether intentional,
fraudulent, reckless, or just negligent). This Arbitration Provision applies to
actions, omissions and events prior to the date of my Deferred Presentment Agreement.
It applies to disputes involving requests for injunctions and/or other equitable
relief. Notwithstanding any language in this Arbitration Provision to the contrary,
the term "Claim" does not include any dispute about the validity, effect or enforceability
of the prohibitions against class proceedings, private attorney general proceedings
and/or multiple-party proceedings described under the caption "Prohibition Against
Certain Proceedings," and any such dispute shall be resolved by a court and not
by an arbitrator or arbitration administrator.
"Administrator" means either the American Arbitration Association ("AAA") or the
National Arbitration Forum ("NAF"). I get to select the Administrator if I give
you written notice of my selection with my notice that I am electing to arbitrate
any Claim or within 20 days after you give me notice that you are electing to arbitrate
any Claim. If I do not select the Administrator on time, you will do it. If for
any reason the Administrator either party selects is unable or unwilling to serve
or continue to serve as Administrator, I will have 20 days to select one of the
other permitted Administrators identified above. Notwithstanding the foregoing,
no arbitration may be adminstered, without the consent of all parties to the arbitration,
by any Administrator that has in place a formal or informal policy that is inconsistent
with and purports to override the terms of this Arbitration Provision.
Important Notice: IF YOU OR I ELECT TO ARBITRATE A CLAIM, I WILL NOT HAVE THE RIGHT
TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, MY ABILITY
TO OBTAIN INFORMATION FROM YOU AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN
IN A LAWSUIT. OTHER RIGHTS THAT I WOULD HAVE IF I WENT TO COURT MAY ALSO NOT BE
AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN
THE FEES CHARGED BY A COURT.
"Prohibition Against Certain Proceedings:" IF YOU OR I ELECT TO ARBITRATE A CLAIM:
(1) NO PARTY MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION,
EITHER AS A REPRESENTATIVE OR CLASS MEMBER; (2) NO PARTY MAY ACT AS A PRIVATE ATTORNEY
GENERAL IN COURT OR IN THE ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST ME MAY
NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON;
AND (4) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION,
PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
How does a party initiate arbitration? The party filing an arbitration must give
written notice of an intention to initiate or to require arbitration. This notice
can be given after the beginning of a lawsuit and can be given in the papers filed
in the lawsuit. If such a notice is given, any Claim shall be resolved by arbitration
under this Arbitration Provision and, to the extent consistent with this Arbitration
Provision, the applicable rules of the Administrator that are in effect at the time
the Claim is filed with the Administrator. A party who has asserted a Claim in a
lawsuit may still elect arbitration with respect to any Claim that is later asserted
in the same lawsuit by any other party. The Administrator will pick the arbitrator.
Unless you and I agree to the contrary, the arbitrator(s) must be a lawyer with
more than 10 years of experience or a retired judge. You promise you will not elect
to arbitrate an individual Claim that I bring against you in small claims court.
However, you may elect to arbitrate a Claim involving multiple parties or a Claim
that is transferred or appealed to any different court. If I have questions about
initiating an arbitration or want copies of arbitration rules or fee schedules I
may contact the arbitration companies identified above as follows: National Arbitration
Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com; American Arbitration
Association, 335 Madison Avenue, Floor 10, New York, NY 10017, www.adr.org.
Arbitration Location and Costs: Any arbitration hearing that I attend will take
place in the federal judicial district where I live. If I cannot afford to pay the
fees charged by the Administrator or if I believe that such fees are too high, you
promise to consider in good faith any reasonable written request by me for you to
bear the cost. Of course, you will pay any fees or expenses you are required to
pay by law. I will never be required to pay you any fees you have previously paid
to the Administrator. Each party must bear the expense of that party's attorneys,
experts and witnesses, regardless of who wins the arbitration, except to the extent
that applicable law and/or the Administrator's rules provide otherwise.
Applicable Law: I acknowledge and agree that my Deferred Presentment Agreement involves
interstate commerce and this Arbitration Provision is governed by the Federal Arbitration
Act ("FAA"), 9 U.S.C. §1 et seq. The arbitrator must follow, to the extent applicable:
(1) the substantive law related to any Claim; (2) statutes of limitations; and (3)
claims of privilege recognized at law. Upon the timely request of either party,
the arbitrator must provide a brief written explanation of the basis for the award.
The arbitrator will determine the rules of procedure and evidence to apply, consistent
with the arbitration rules of the Administrator and this Arbitration Provision.
In the event of a conflict between this Arbitration Provision and the rules or policies
of the Administrator, this Arbitration Provision shall govern. The arbitrator will
not be bound by federal, state or local rules of procedure and evidence or by state
or local laws concerning arbitration proceedings.
Getting Information: In addition to the parties' rights to obtain information under
the Administrator's rules, either party may request the arbitrator in writing to
allow that party to get more information. A copy of such request must be provided
to the other party. That party will then have the chance to object in writing within
30 days. The objection must be sent to the arbitrator and the other party. The arbitrator
will decide the issue in his or her sole discretion and is expected to do so within
20 days after any objection to providing expanded information is submitted.
Effect of Arbitration Award: Any appropriate court may enter judgment upon the arbitrator's
award. The arbitrator's decision will be final and binding, except for any appeal
right under the FAA and except for Claims involving more than $100,000. For these
Claims, any party may appeal the award to a three-arbitrator panel appointed by
the Administrator. That panel will reconsider from the start any aspect of the initial
award that either party asserts was incorrectly decided. The decision of the panel
shall be by majority vote and will be final and binding, except for any appeal right
under the FAA. Unless applicable law provides otherwise, the costs of an appeal
to an arbitration panel will be borne by the appealing party, regardless of the
outcome of the appeal. However, you promise to consider in good faith any reasonable
written request by me for you to bear the cost.
Survivability and Severability of Terms: This Arbitration Provision shall survive:
(i) termination or changes in my Deferred Presentment Agreement; and (ii) the bankruptcy
of any party. If any portion of this Arbitration Provision (other than the prohibitions
against class proceedings, private attorney general proceedings and/or multiple-party
proceedings described under the caption "Prohibition Against Certain Proceedings")
is deemed invalid or unenforceable, the remaining portions shall nevertheless remain
in force. If a determination is made that the prohibition against class proceedings,
private attorney general proceedings and/or multiple-party proceedings is unenforceable,
this Arbitration Provision (other than this sentence) shall be null and void. Any
different agreement regarding arbitration must be agreed to in writing.
Prior Arbitration Agreements: If I am already party to any Arbitration Provision
with you that provides for arbitration of any claims, disputes or controversies
with respect to a Prior Loan, and if I do not opt out of this Arbitration Provision,
then this Arbitration Provision and not my prior Arbitration Provision shall apply
to such claims, disputes and controversies.
Rejection of Arbitration Provision: You may reject this Arbitration Provision by
sending us a notice ("Rejection Notice") that we receive within thirty (30) days
after the date of my Deferred Presentment Agreement. Any Rejection Notice will apply
only to this Arbitration Provision and not to any other arbitration provision or
arbitration agreement, which may apply to a Prior Loan or a future loan similar
to the Loan. Any Rejection Notice must include your name, address, telephone number
and loan number. You must mail your Rejection Notice or send it by messenger service
(such as Federal Express) to Vice President of Compliance, ACE Cash Express, Inc.,
1231 Greenway Drive, Irving, TX 75038. In the event of any dispute concerning whether
you have provided a timely Rejection Notice, you must provide a signed receipt.
This is the only method you can use to reject the Arbitration Provision. If the
Rejection Notice is sent on your behalf by a third party, such third party must
include evidence of his or her authority to submit the Rejection Notice on your
behalf.
PRIVACY NOTICE
Security Payday Loans understands that your privacy is very important to you. We
want every customer, associate, and vendor to know how we protect a customer's financial
privacy. This policy exists so that everyone can understand what our business practices
are in handling the nonpublic personal information that is provided to Security
Payday Loans. Security Payday has one privacy policy for consumers that applies
to all of Security Payday brands, locations, companies, and subsidiaries.
Security's policy applies to all nonpublic personal information about a customer
that is obtained by Security Payday in connection with providing you with financial
products or services. Our policy will continue to cover nonpublic personal information
we may collect during the course of the customer relationship with ACE as well as
after the relationship has ended.
Security depends on a variety of sources of information to meet our obligation of
providing efficient and appropriate levels of service. We collect information about
you from:
- information you provide us on new customer cards, applications, and account set-up screens, such as your name, address, telephone number, Social Security number and other information you provide to us; and
- information about your transactions with us, our affiliates, or other nonaffiliated third parties, including how often you visit our stores, your recent transactions, size of checks, telephone requests, services purchased and other retail transaction information.
Security restricts access to nonpublic personal information about you to employees
who need to know that information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations
to guard your nonpublic personal information.
In order to provide you with the products or services you request or to make you
aware of financial products or services that might be of interest to you, we may
disclose the information we collect, as described above, to companies that perform
administrative or marketing services on our behalf or to other financial institutions
with whom we have joint marketing agreements. These companies are not permitted
to use or share this information for any other purpose. We may also disclose nonpublic
personal information about you to nonaffiliated third parties as permitted by law.
We want you to know that we do not sell customers' names, addresses, telephone numbers
or any other information to telephone solicitors, sales organizations, mailing lists
sellers, database marketers or others.
If you have any questions about our privacy policy, you may write to Vice President
of Compliance, Security Payday Loans at 1-281-984-0874.