4. Non-Check Cashing Charges
Charges for services and goods other than Check Cashing are separate and distinct from any charge that may be incurred by you for check cashing. These charges may include wire fees, electronic billing and payment, check creation and printing, invoicing, postage, and/or other goods or services.
5. Class Action
You agree, to the extent permitted by law, that You will not bring, join, or participate in any class action or multi-plaintiff action as to any claim, dispute, or controversy You may have against InstantPaydayCash. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in the suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually as outlined herein.
6. Documentation
You agree that electronic mail, electronic forms, records, photocopies, and /or facsimile copies of the documents you submit are valid and enforceable as the original. Further, you agree that by verbal consent in person or by phone, typing your name as your electronic signature, or any other manner or method of acceptance as outlined herein constitutes an acceptance of all terms and conditions of the Agreement for which will be deemed valid and binding on all parties to this Agreement.
7. Arbitration
Notwithstanding any other provisions in this agreement, both parties agree that all disputes, claims, or controversies between the parties to this Agreement, including all disputes, claims, or controversies arising from or relating to this Agreement, no matter by whom or against whom, including the validity if this Agreement and the obligations and scope of this arbitration clause, shall be resolved by and under the Code of Procedure of the National Arbitration Forum (NAF). This arbitration agreement is made pursuant to a transaction in interstate commerce, and shall be governed by the Federal Arbitration Act at 9 U.S.C. Section 1. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes through a court, but that they prefer to resolve their disputes through arbitration, except as provided herein. THE PARTIES WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT BUT HAVE AGREED TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, EXCEPT THAT THE LENDER MAY CHOOSE AT LENDER'S SOLE OPTION TO SEEK COLLECTION OF PAYMENT(S) DUE IN COURT RATHER THAN THROUGH ARBITRATION. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY LENDER. The parties agree and understand that all disputes arising under case law, statutory law, and all other laws, including, but not limited to, all contract, tort, and property disputes will be subject to binding arbitration in accord with this contract. Rules and form of the NAF may be obtained and all claims shall be filed at any NAF office 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.
8. Electronic Signature/Verbal Consent
By agreeing to this application, you understand and agree to all terms and conditions of this Agreement and by submitting the online information application by Internet or by phone, you are applying for a cash advance and certify that information provided by you is true and correct under penalty of perjury. You agree that upon submission of my electronic signature or verbal consent by phone, you are not presently involved in, or contemplating bankruptcy now or in the future. You authorize us to verify the information in this application and hereby give InstantPaydayCash the consent to obtain information on you from a consumer reporting agency or other various means available. You understand InstantPaydayCash 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, you understand verification of the information you have provided is necessary, including, but not limited to, employment and bank account verification. You accept personal responsibility for safeguarding any PIN or CUSTOMER NUMBER that might be assigned to you.
9. Assignment:
We hereby reserve all rights and power to assign any of our interests in the Agreement to any successor, assignor or purchaser for value without notice or your consent.
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