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NOTICE: We adhere to the Patriot Act and we are required by law to
adopt procedures to request and retain in our records information necessary
to verify your identity.
Arbitration of All Disputes: You and we agree that any and all claims,
disputes or controversies between you and us, any claim by either of us
against the other (or the employees, officers, directors, agents,
debtrs or assigns of the other) and any claim arising from or
relating to your application for this debt, regarding this debt or any
other debt you previously or may later obtain from us, this Note, this
agreement to arbitrate all disputes, your agreement not to bring, join
or participate in class actions, regarding collection of the debt,
alleging fraud or misrepresentation, whether under common law or
pursuant to federal, state or local statute, regulation or ordinance,
including disputes regarding the matters subject to arbitration, or
otherwise, shall be resolved by binding individual (and not joint)
arbitration by and under the Code of Procedure of the National
Arbitration Forum ("NAF") in effect at the time the claim is filed.
This
agreement to arbitrate all disputes shall apply no matter by whom or
against whom the claim is filed. Rules and forms of the NAF may be
obtained and all claims shall be filed at any NAF office, on the World
Wide Web at www.arb-forum.com, by telephone at 800-474-2371, or at
"National Arbitration Forum, P.O. Box 0191, Minneapolis, Minnesota
55405." Your arbitration fees will be waived by the NAF in the event
you
cannot afford to pay them. The cost of a participatory hearing, if one
is held at your or our request, will be paid for solely by us and will
take place at a location near your residence. This arbitration
agreement
is made pursuant to a transaction involving interstate commerce. It
shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections
1-16. Judgment upon the award may be entered by any party in any court
having jurisdiction.
NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE
DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES
BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING
ARBITRATION.
Agreement Not To Bring, Join Or Participate In Class Actions: To the
extent permitted by law, 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 employees, officers, directors, debtrs
and assigns. You agree to the entry of injunctive relief to stop such a
lawsuit or to remove you as a participant in the suit. You agree to pay
the attorney's fees and court costs we incur in seeking such relief.
This agreement does not constitute a waiver of any of your rights and
remedies to pursue a claim individually and not as a class action in
binding arbitration as provided above. This agreement not to bring,
join, or participate in class actions is an independent agreement and
shall survive the closing and repayment of the debt for which you are
applying. By submitting this Application you certify that all of the
information provided above is true, complete and correct and provided
to
us for the purpose of inducing us to make the debt for which you are
applying. You also agree to the Agreement to Arbitrate All Disputes and
the Agreement Not To Bring, Join Or Participate in Class Actions. You
authorize us to verify all in formation that you have provided and
acknowledge that this information may be used to verify certain past
and/or current credit or payment history information from third party
source(s). We may utilize Check debt Verification or other similar
consumer-reporting agency for these purposes. We may disclose all or
some of the nonpublic personal information about you that we collect to
financial debt providers that perform debts on our behalf, such
as
the debtr of your short term debt, and to financial institutions
with
which we have joint marketing arrangements. Such disclosures are made
as
necessary to effect, administer and enforce the debt you request or
authorize and any debt you may request or authorize with other
financial
institutions with regard to the processing, funding, servicing,
repayment and collection of your debt.
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