REGULATED BY THE UTAH STATE DEPARTMENT OF FINANCIAL INSTITUTIONS
NOTICE OF UTAH TRANSACTION
This advertisement is an invitation to send us a payday loan application, not an
offer to provide you a payday loan. We are a Utah registered company. If you send
a payday loan application to us, we will receive and process it according to the
laws of the State of Utah. We make payday loans according to the laws of the State
of Utah. If we approve your application, the funds will be disbursed from our bank
account in the State of Utah. Our payday loans are governed by laws of the State
of Utah. The laws of the State of Utah governing consumer payday loan agreements
may differ from the laws of the state where you reside. If you do not want to enter
into a payday loan agreement subject to the laws of the State of Utah, you should
apply for a payday loan at a provider located in the state where you live. This
does not constitute an offer or solicitation for a short-term loan. All aspects
and transactions on this site will be deemed to have taken place in the State of
Utah, regardless of where you may be viewing or accessing this site.
WARNING
A cash advance is intended as a short-term cash flow tool. It is not designed as
a solution for longer-term financial problems.
Terms and Conditions
In this Payday Loan Agreement ("Agreement"), the words "you or your" mean the customer
identified on front of the Agreement. The words "Us", "We", and "Our" mean ABC&D
Financial.
1. Acceptance
As set forth herein, you accept the terms and conditions as outlined in this Agreement
by authorizing us to cash your check(s) in the State of Utah. This Agreement is
confirmation of our agreement, including the terms, which were available to you
on our website located at www.fastpaydayloanstore.com and verbally from one of our
operators prior to the completion of the transaction.
2. Late Charge:
If your payment is late for a period not less than ONE day, you agree to pay a late
fee, which will not exceed the greater of $20 or 5% of the delinquent unpaid amount.
3. Utah Payday Loan Provisions
We allow up to four (4) rollovers or extensions of the term of a cash advance. The
loan may not be rolled over beyond 12 weeks after the day on which it is executed.
The loan must be paid in full prior to issuance of a new cash advance.
4. Jurisdiction
This transaction shall be governed in accordance with the laws of the State of Utah
without regard to its conflicts of law principles. Your acceptance of our service
after the period of expiration of the option in paragraph 8 confirms your prior
acceptance of this Agreement and to jurisdiction located within the State of Utah.
5. Venue
Acceptance of this Agreement by us is deemed to have taken place in the State of
Utah. The parties agree to have any disputes about this Agreement between the parties
resolved in Utah.
6. Collection Costs
Notwithstanding any other law to the contrary, cost of collection expenses, which
include court costs and reasonable attorneys fees, awarded by the court in suit
to recover on a bad check or breach of contract shall not be considered as a fee
or charge for purposes of this argument.
7. Electronic Presentment of Funds
You agree to the electronic presentation by us of any funds owed and to the re-presentation
of any presentations that are returned to us for any reason. Such electronic re-presentation
may be for less than the original amount owed us or in any increments totaling the
amount due including the maximum permissible non-sufficient funds fees charged by
us in accordance with laws of the State of Utah.
8. Cancellation You have the right within (3) business days of
receiving this Agreement and receipt of any funds or goods, to return the funds
and/or goods to us if you do not accept the terms as outlined in this Agreement
by the following method: Facsimile Fax a written request to cancel the loan and
request for the funds to be electronically withdrawn from your account. You must
also mail via U.S. Certified Mail, Return Receipt Requested, postage prepaid a copy
of the faxed request. Any deviation hereof shall be deemed an invalid cancellation.
9. 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.
10. No Other Payday Loans
You certify, in writing that you do not have any outstanding payday loans with us,
which in the aggregate exceed five hundred dollars, and you are not repaying this
loan with the proceeds of another loan made by us.
11. 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 an 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 ABC&D Financial consent to obtain
information on you from a consumer reporting agency or other various means available.
You understand we reserve 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.
12. 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.
13. 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.
14. Definitions
All terms used herein are to be defined in accordance with codes, statutes and laws
of the State of Utah. For questions or complaints, please contact us at 801-608-5709 or call the Utah Department of Financial Institutions at (801)538-8830.
If you have any questions, please contact us. ABC&D Financial @ 801-608-5709
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