Legal Terms - Arbitration Agreement

  


Legal Terms


Terms of Use - Arbitration Agreement

Effective Date: June 1, 2016



License
Financial Info
Check Loans of Texas, a division of Mossycup Financial LLC


Terms of Use - Arbitration Agreement


By accessing Check Loans services and/or using the services available on this site, applying for a loan and/or receiving a loan concerning Check Loans, you agree to be bound by the Terms of Use and Arbitration Agreement below. Please read these terms carefully. If you do not agree to these terms, do not access or use this website or access services of Check Loans.

Text and Credit Information

By applying for, making inquiry about and/or receiving a loan I authorize Check Loans to receive and exchange credit information in connection with this request and be contacted by text, telephone or email.  I also authorize Check Loans to contact me via text, telephone, mail or email on all approved loans.  

Loans

Check Loans is a lender.  To be considered for a loan, you must complete an application form that requests specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. If requested, you must also appear in person at our office to obtain a loan if you are approved for a loan.  Check Loans' collection and use of this information is subject to this site's Privacy Policy below. By using this website or services offered on this website, you also agree to the terms and conditions set forth in the Privacy Policy. If you do not agree to these Terms of Use, Arbitration Agreement or the separate Privacy Policy, do not use this site.  By submitting an application for a loan to us, you consent to allow us to access your credit report to determine if you are eligible for a loan with us.

Once a consumer submits the application form on this site, Check Loans does not share your information. By submitting the application form, you understand and agree that you are submitting an inquiry about a loan product to Check Loans. By submitting the application form, you are extending an express invitation to Check Loans to conduct a credit and background check on you and to contact you or your references by any means (including, without limitation, email, telephone, text and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

Check Loans will review your information in real-time to determine whether your information meets its loan qualification criteria. By submitting the application form, you expressly authorize Check Loans to, among other things, verify your social security number, perform a hard credit check, and review your information against national databases that track consumer transactions with lending institutions. By submitting the application form you also expressly authorize us to review your credit history for the purpose of evaluating you for credit.  We NEVER ask for your Social Security number online or by email!  Do not provide your Social Security Number online or by email!

If Check Loans’ determines that your application meets its loan qualification criteria, Check Loans may ask you to come to our office and provide identification, a social security card or visa, evidence/verification of employment and address, three items of collateral and contact information for 4 references who do not live with you.

Check Loans does not guarantee acceptance for any particular loan or specific loan terms and conditions.

Check Loans reserves the right to change any information, features and/or functions of the loan application or criteria without prior notice. Check Loans may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Check Loans determines, in its sole discretion, violate these Terms of Use, the rights of Check Loans or any third party, or is otherwise inappropriate. Check Loans is not responsible for any errors or delays in providing loan services caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.

Disclaimers and Limitations

This website and the information, software, products and services associated with it are provided 'as is.' Check Loans expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website and any information, software, products provided herein, including without limitation the warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Check Loans makes no warranty as to the results that may be achieved by using this website and the information, software, products and services associated with it.

Use of this website and/or its services is at your own risk. Check Loans and/or its parent or subsidiary entities, legal entities or their advertisers or any of their officers directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers (“Group”) will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages or other injury arising out of or in any way connected with the use of this website and/or its services with the delay or inability to use this website, or for any information, software, products and services obtained through this website, or otherwise arising out of the use of this website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Check Loans or its Group have been advised of the possibility of damages.

Check Loans makes no representation that materials on the site are appropriate or available for use in locations other than in Texas, USA. Those who choose to access Check Loans from outside this area do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

Indemnity

As a condition of using this web site and/or the services offered herein, you agree to indemnify Check Loans and its Group against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use.

Links to Third Parties

This web site may contain links to other web sites operated by participating lenders or other third parties. Such links are provided for your convenience and reference only. Check Loans does not operate or control in any respect any information, software, products or services available on such third party sites. Check Loans' inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Trademark and Intellectual Property

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the site, are registered and unregistered Trademarks of Check Loans or its parent or subsidiary legal entities. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any content on the site without the written permission of Check Loans.

Other Terms

These Terms of Use, together with the Arbitration Agreement and Privacy Policy and any loan documents constitute the entire agreement between you and Check Loans. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will remain in effect. Any failure by Check Loans to exercise or enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.  These Terms of Use apply to any entity which acquires or is acquired by Check Loans or its parent, subsidiary, legal, owner, members, shareholders or dba entities in any form. 

Law and Jurisdiction.  Subject to the Arbitration Agreement below, any Dispute in a court of law save for temporary restraining order, preliminary injunction or collection or enforcement of award by Check Loans or its Members, but including and not limited to requirements for arbitration or issues of standing, venue, personal and subject matter jurisdiction, or appeal (save for appeal to the Supreme Court of Texas) by a customer (and customer's heirs, assigns or designee, all "Group"), will be brought only and exclusively in the federal and state courts of Houston, Harris County Texas. Customer and its Group submits to personal and subject matter jurisdiction and venue in the federal and state courts in Houston, Harris County, Texas.  Customer and its Group will dismiss any other action brought in any other court at the request of Check Loans and/or any of its Members and will pay reasonable attorney’s fees and costs of the other Check Loans and/or its Members incurred in enforcing any dismissal. 

Check Loans may amend these Terms at any time by posting the amended terms on its web site. Your continued use of the site after any modification will act as an agreement to the Terms of Use as modified. All amended terms are automatically effective immediately, upon posting.

Check Loans is a  trademark woned by Mossycup Financial LLC.   All rights are reserved.   Mossycup Financial LLC does business as Check Loans.   

Arbitration Agreement

Creditor:
Mossycup Financial LLC
dba Check Loans

2120 S. Wayside Drive – G Houston, Texas 77023

Customer:

Is  I and/or me, or the person using this website, making inquiry of Check Loans or receiving a loan from Check Loans

Please Read this Arbitration Agreement Carefully

By using this website, making inquiry of Check Loans or receiving a loan from Check Loans, I understand and agree that for any and all Disputes or Claims arising out of or relating to the Transactions described below,

I am giving up my right to go to court;

I am giving up or limiting my rights that might be available in a judicial proceeding such as the right to compel testimony and the right to appeal he decision on such Claims;

I am giving up my rights to join as a class representative or class member in any Class Action or Class Arbitration that I may have against you.

Definitions

Arbitration Agreement refers to this contract mandating Arbitration of Claims arising from or relating to the Transactions described below.

Arbitration refers to a way of deciding disputes by a neutral person called an arbitrator. An arbitrator follows less formal procedures than a judge in court does. An arbitrator decides the dispute with a binding award, meaning the award has the same obligatory effect as a decision by a court. A court may enforce an arbitration award, but a court's review of an arbitration award is limited.

Claims refer to any and all claims, disputes, or controversies based on contract, tort, statute, or otherwise between you and me about our respective rights, duties, obligations and liabilities arising out of or relating to the Transactions described below. Claims also refer to questions about if something is a Claim, how to conduct the Arbitration, and the interpretation of this Arbitration Agreement.

Class Action refers to a lawsuit involving a large group of people with similar claims against the same persons or companies.

Class Arbitration refers to an Arbitration involving a large group of people with similar claims against the same persons or companies.

You and your refer to Creditor identified above, its employees, agents, successors, and assigns.

I and me refer to any and all individuals and entities identified above as "Customer(s)", their employees, agents, successors, and assigns.

Transactions refer to:

 Any and all past, present, and future transactions and agreements between you and me in which

I am or may become obligated to you and all related documents.

 The following specific transactions and agreements between you and me and all related documents:

Agreement to Arbitrate

At your or my election, any Claims between you and me that arise out of or relate to the Transactions are to be decided by neutral, binding Arbitration. Also, to the extent allowed by law, the validity, scope, and interpretation of this Arbitration Agreement is to be resolved by neutral, binding Arbitration.

Waiver of Class Action and Class Arbitration

If you or I choose to arbitrate a Claim, you and I agree that no trial by jury or by judge and no other judicial proceeding, including Class Action proceedings, take place. You and I also agree that Claims are to be heard and decided by one arbitrator only, only on an individual basis, and not as Class Arbitration.

Arbitration Providers and Their Rules

For the Arbitration, you or I may choose one of the following arbitration providers with its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), and the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.adrforum.com). You can get a copy of the rules of these arbitration providers by contacting them or by visiting their respective websites.

Place of Arbitration and Costs

The Arbitration hearing must be carried out in the federal judicial district where I live, unless you and I agree otherwise. If Arbitration begins, you shall advance any filing, administrative, commencement, service, or case management fees and arbitrator or hearing fees up to a total amount of $ $350.00 . I understand and agree that I may have to repay you later for part or all of the amount you have advanced. Each of us is responsible for the fees of our own attorneys, experts, witnesses, and other costs of Arbitration. The arbitrator may decide, however, who is finally responsible for these fees and costs as provided by law.

Arbitrator's Authority

The arbitrator must be a lawyer or a former judge. The arbitrator shall follow substantive law in making an award. The arbitrator has the authority to order specific performance, compensatory damages, punitive damages and any other relief allowed by applicable law. Other than the grounds for review under the Federal Arbitration Act, the arbitration award is final and binding on all parties. Any court having jurisdiction may enforce the arbitration award.

Preservation of Remedies

You or I can do the following without giving up the right to require Arbitration:

To seek remedies in small claims court for Claims within that court's jurisdiction, unless these Claims are transferred, removed, or appealed to a different court. If so, either you or

I can require the transfer of these Claims to Arbitration;

To seek judicial provisional remedies;

To exercise self-help remedies and to take measures that do not involve a court or Arbitration, including, but not limited to, setting off against a deposit account and repossessing property; and

To exercise foreclosure against any real or personal property, collateral, or other security.

Governing Law

The Federal Arbitration Act (9 U.S.C. § 1 et. seq.) governs this Arbitration Agreement, and not any state law concerning Arbitration, including state law arbitration rules and procedures.

General Terms

This Arbitration Agreement i


Is made under Transactions involving interstate commerce;

Is the entire agreement between you and me on Arbitration, replacing all previous written and oral negotiations and agreements between you and me on Arbitration, and it may be changed only by a signed written agreement between you and me.

If any part of this Arbitration Agreement is not enforceable, the rest is enforceable; but if the waiver of class action rights is unenforceable, this entire Arbitration Agreement is unenforceable.

The paragraph headings are solely for convenience and not for interpreting this Arbitration Agreement; therefore, they have no legal meaning.

Waiver Of Right To Trial By Judge Or By Jury

By signing this Arbitration Agreement, you and I understand and agree that

You and I have a right to have Claims decided by a trial by judge or by jury, but if you or I so elect, you and I prefer to have them decided by an arbitrator;

We are obligated by all the Arbitration Agreement terms; and

We explicitly and knowingly give up our rights to trial by judge or by jury to the extent that you or I elect to have Claims decided by Arbitration, unless the law says otherwise.