Contact us: 1(888)743-6229 / Support@lendyoucash.com
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME AT OUR SOLE DISCRETION. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE OR DISCONTINUE YOUR USE OF THIS SITE AND SERVICES.
For purposes of this Waiver of Jury Trial and Arbitration Agreement (hereinafter the “Arbitration Agreement”), the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Agreement, however excluding the validity and scope of this Arbitration Agreement and any claim or attempt to set aside this Arbitration Agreement; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to Your Loan, the information you gave us before entering into Your Loan, and/or any past and/or future claims or disputes between you and us; (c) all counterclaims, crossclaims and third party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal law; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, members, parent company or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (h) All claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as “Representative Claims”) ; and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any nonpublic personal information about you.
You acknowledge and agree that by entering into this Arbitration Agreement:
a. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED.
b. YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN SMALL CLAIMS COURT, RESOLVE ANY DISPUTE.
c. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE OR PARTICIPATE IN A CLASS ACTION. ANY DISPUTE MAY NOT BE CONSOLIDATED WITH THE DISPUTE OF ANOTHER PERSON.
3- Class Waiver.
Except as provided below, all disputes against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
4- Notice and Choice of Arbitrator.
Any party to a dispute, including related third parties, may send the other party written notice by U.S. Certified Mail of their intent to arbitrate, along with the subject of the dispute and the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (18007787879) http://www.adr.org or JAMS (18003525267) http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association and arbitrate pursuant to such arbitrator’s rules. The party receiving notice of arbitration will respond in writing by U.S. Certified Mail within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by U.S. Certified Mail of your decision to select an arbitration organization or your desire to select a local arbitrator. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of your Loan Agreements, including the limitations on the arbitrator herein. You may obtain a copy of the rules and procedures by contacting the arbitration organizations listed above.
5- Arbitration Fees and Hearing.
Regardless of who demands arbitration, at your request we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”), and applicable statutes of limitation, and shall on or claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence, or within 30miles from such county, or in such other place as mutually agreed by the parties or ordered by the arbitrator. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator’s award may be filed with any court having jurisdiction.
6- Small Claims Court Exception.
All parties may ask a small claims court to decide a Dispute that meets the requirements of the Small Claims Court, so long as no party to the small claims court lawsuit seeks to recover damages beyond the jurisdiction of the small claims court. If you file a small claims court lawsuit against us, then we lose the right to elect arbitration of your Dispute (but not of other persons’ Disputes), however you may not consolidate or join the claims of others. Any Dispute, which is outside the jurisdiction of a small claims court, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims court shall be resolved by binding arbitration.
7- Interstate Commerce.
This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final, non- appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of Missouri.
This Arbitration Agreement is binding upon and benefits you, your respective heirs, successors and assigns, and is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Agreement continues in full force and effect, even if your Loan has been paid or discharged through bankruptcy. In the event that any of this Arbitration Agreement is held unenforceable, the remainder of the Arbitration Agreement shall be in full force and effect.
9- OPTOUT PROCESS.
You may choose to opt out of and not be subject to this Arbitration Agreement. You must notify us in writing within ninety (90) days of the date of this Agreement at the following address: Lend You Cash Inc, 275 Northpoint Parkway Suite 80, Amherst, NY 14228. Your written notice must include your name, address, transaction number, phone number, the date of this Agreement, and a statement that you wish to opt out of this Arbitration Agreement. Your notice to op tout will only apply to this particular transaction with us and not to subsequent or previous transactions. No one may reject the Arbitration Agreement on your behalf. This is the only way you can reject the Arbitration Agreement. Rejection of the Arbitration Agreement will not affect your right to credit, how much credit you receive, or any contract term other than the Arbitration Agreement.
Age Restriction: You must be 18 years old to use the Site and the Company does not knowingly collect information from anyone under the age of 18, and we do not offer loans to anyone under 18. The Services are not available to persons under 18 or who are not legal residents of the USA.