CONSENT TO ELECTRONIC DISCLOSURE By consenting to the electronic delivery of disclosures, you agree that ACE Credit Services, LLC ("ACE") and DSI Lending Resources, Inc. ("Lender") may provide electronically any and all communications concerning their decisions on your Application for Credit Services and Loan (the "Application"), the terms of any credit service and/or Loan that may be provided to you and the privacy policies of ACE and Lender (the "Disclosures"). The Disclosures may include, in addition to other things, disclosures pursuant to: (1) Chapter 392 of the Texas Finance Code; (2) the federal Equal Credit Opportunity Act and Regulation B; (3) the federal Fair Credit Reporting Act; (4) the federal Truth in Lending Act and Regulation Z; (5) the federal Electronic Funds Transfer Act and Regulation E; (6) the federal Gramm−Leach−Bliley Act; and (7) any other applicable federal, state or local law or regulation. Your consent applies not only to the Application and any resulting credit services and Loan but also to any application for future credit services from ACE and/or Loan from Lender. To electronically receive, view and save or print the Disclosures, you must have a personal computer equipped with Netscape 4.0, Mozilla Firefox 1.5, Microsoft Explorer 4.0, AOL 5.0 or any later version of these programs, Adobe Reader 6 or later version; and either a printer, a hard drive or other storage device. Prior to submission of your Application, you may withdraw your consent to electronic disclosures by exiting this website. You have the option to receive any information that we have provided electronically in paper form at no cost to you. BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE ABOVE CONSENT. IF YOU DO NOT AGREE, YOU WILL NOT BE PERMITTED TO OBTAIN CREDIT SERVICES OR A LOAN. Name on application: erenee wade Date of Agreement: December 17, 2010 I Agree
PLEASE REVIEW THE CREDIT SERVICES DISCLOSURE STATEMENT BELOW. CREDIT SERVICES DISCLOSURE STATEMENT DEFINITIONS: In this Credit Services Disclosure Statement ("Disclosure Statement"), "we," "our," "us" and "ACE" mean ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038, (866) 355−6815, a company registered with the Texas Secretary of State as a credit services organization (a "CSO"). "Lender" means DSI Lending Resources, Inc., 690 E. Lamar Blvd., Suite 575, Arlington, TX 76011, (817) 462−1690. Lender is not affiliated with ACE. "You" and "your" mean the individual who is receiving this Disclosure Statement in advance of applying for credit services and a loan. "Credit Services Agreement" means the Agreement that will govern any credit services we provide to you. "Loan" means the loan that Lender may provide to you and "Loan Agreement" means the Loan Agreement and Promissory Note that will govern any Loan that Lender may provide to you. PURPOSE OF THIS DISCLOSURE: Chapter 393 of the Texas Finance Code ("Chapter 393") regulates CSOs. It requires us to provide you with this Disclosure Statement before you execute the Credit Services Agreement or pay any fee or other consideration to us. SERVICES WE PROVIDE: We do not make loans, but instead provide credit services. If you enter into a Credit Services Agreement with us, we would agree to use our best efforts to: (1) arrange a single−installment Loan with a principal amount from $200 to $1,000, a term not to exceed 35 days, and an interest rate not to exceed 10% per annum simple interest; (2) assist you in preparing and completing the information and documents that Lender requires; and (3) issue a letter of credit to Lender to secure the Loan in an amount not to exceed the amount of the Loan, interest and any dishonored item fee that may be payable if you default in your payment obligation. Our credit services will be performed from the date of the Credit Services Agreement until the date that any Loan is paid in full or renewed, the date that you cancel the Credit Services Agreement (if permitted by law), or the date that the letter of credit is paid in full if drawn upon. CSO FEE: In consideration for the credit services that we will provide you under the Credit Services Agreement, you will agree to pay us a fee (the "CSO Fee") equal to 30% of the Amount Financed of any Loan you accept from Lender. For example, if we arrange a $200 Loan for you, the CSO Fee would be $60.00. The CSO Fee is payable on the Payment Date of the Loan. It is paid to us and retained by us, not Lender. No CSO Fee will be charged if we are unable to arrange the Loan for you, if you decide not to accept the Loan or you cancel your Credit Services Agreement within three days after you electronically sign it. OTHER CHARGES: In the event you do not pay us the CSO Fee when due, the amounts you owe us as reimbursement to us for amounts we pay under the Letter of Credit, or other amounts owed to us, you also agree to pay us, to the extent permitted by law, 10% per annum on amounts owed from date due until paid, costs of collections, reasonable attorneys' fees, and a dishonored item fee of $30 if any payment owed to us (including an ACH payment) is returned for any reason. FINANCE CHARGES AND APR: Under the federal Truth−in−Lending Act ("TILA"), the CSO Fee is a Finance Charge and part of the Annual Percentage Rate ("APR") on the Loan, even though the CSO Fee is paid to and retained by us, and not Lender. The APR for a 14−day Loan will be 792.14%. The APR will be higher for a shorter loan and lower for a longer loan. For example, it would be 1109.00% for a 10−day Loan and 299.73% for a 35−day Loan. While the CSO Fee is a Finance Charge and part of the APR under TILA, it is not interest under Texas law. CAUTION: The credit services we provide and the Loan we are seeking to arrange are NOT intended to meet long−term financial needs. Such credit services and Loan should only be used to meet immediate short−term cash needs. Repeated or frequent use can create serious financial hardships. Before entering into the Credit Services Agreement and/or the Loan Agreement, you should evaluate the costs and benefits of all alternatives, including a loan obtained directly from another lender (without the assistance of a CSO), a loan from family or friends, a credit card cash advance, an advance under an account with overdraft protection or a salary advance. SURETY BOND: We have filed a $10,000 surety bond with the Texas Secretary of State under Chapter 393. The surety bond is issued by Safeco Insurance Company of America, 1600 N. Collins Blvd., 3rd Floor, Richardson, Texas 75080 (the "Surety Company") in favor of any person damaged by our violation of Chapter 393 and/or the State of Texas for the benefit of such damaged person. A person making a claim for a violation of Chapter 393 may file suit against the Surety Company and/or against us. The Surety Company is liable only for actual damages, reasonable attorney's fees and court costs awarded under Section 393.503(a) of the Texas Finance Code. The aggregate liability of the Surety Company for our violations of Chapter 393 may not exceed the amount of the surety bond. Express Consent under the TCPA. You expressly consent to ACE, Lender or third party debt collectors using an automatic telephone dialing system and/or an artificial or prerecorded voice to call any of your phone numbers, whether supplied by you or not, including a paging service, cellular telephone service or any other communication service for which you may be charged for the call. YOUR RIGHTS TO INFORMATION REGARDING YOUR CREDIT REPORT: Right to Review Information: Upon request, a consumer reporting agency must give you the information in your file at that agency, including the sources of the information and a list of everyone who has recently requested your report. All consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. (See www.ftc.gov/credit for additional information.) You are also entitled to a free file disclosure if: (1) a person has taken adverse action against you because of information in your credit report; (2) you are the victim of identity theft and place a fraud alert in your file; (3) your file contains inaccurate information as a result of fraud; (4) you are on public assistance; or (5) you are unemployed but expect to apply for employment within 60 days. Otherwise, a consumer reporting agency may charge you a minimal fee for the report. Right to Dispute Information: If you tell a consumer reporting agency that your file contains inaccurate information, the consumer reporting agency must investigate the items you contest by presenting to any person who provided any item of information in dispute all relevant evidence you submit, unless your dispute is frivolous. The person who provided the disputed information must review your evidence and report its findings to the consumer reporting agency. The consumer reporting agency must give you a written report of its investigation and a copy of your report if the investigation results in any change. If the consumer reporting agency's investigation does not resolve the dispute, you may add a brief statement to your file. The consumer reporting agency must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change in the report. Inaccurate, Incomplete and Obsolete Information: A consumer reporting agency must remove or correct inaccurate or unverified information from its files. However, the consumer reporting agency is not required to remove accurate data from your file unless it is obsolete or cannot be verified. If information is deleted from your file after an investigation and later reinserted, the consumer reporting agency must give you a written notice telling you it has reinserted the information. The notice must include the name, address and phone number of the person who provided the reinserted information. Except in certain cases, a consumer reporting agency may not report negative information that is more than seven years old, except for bankruptcies which may be reported for ten years. AVAILABILITY OF CREDIT COUNSELING: There are other ways and sources for you to obtain credit services. You have a right to consider these other ways and sources. Nonprofit credit counseling services may be available in your community. You may refer to your local telephone directory under "Credit and Debt Counseling" for listings and sources.
BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THE FOLLOWING:
• YOU HAVE READ AND UNDERSTAND THIS DISCLOSURE STATEMENT. • WE (ACE CREDIT SERVICES, LLC) DO NOT MAKE LOANS AND WILL NOT BE MAKING ANY LOAN TO YOU. RATHER, WE MAY PROVIDE CREDIT SERVICES TO HELP YOU OBTAIN A LOAN FROM LENDER, AN UNAFFILIATED COMPANY.
• THE CREDIT SERVICES WE PROVIDE AND ANY LOAN WE ARRANGE FOR YOU MAY NOT BE ON THE BEST AVAILABLE RATES OR TERMS. YOU MAY WANT TO CONSIDER OTHER OPTIONS BEFORE PROCEEDING.
• AT THIS TIME, YOU HAVE NOT EXECUTED THE CREDIT SERVICES AGREEMENT OR PAID ANY CSO FEE OR OTHER CONSIDERATION TO US WITH RESPECT TO THE CREDIT SERVICES DESCRIBED ABOVE.
IF YOU CLICK "I AGREE" BELOW, YOU ARE NOT REQUIRED TO AGREE TO THE CREDIT SERVICES AGREEMENT. IF YOU CLICK "I DO NOT AGREE" BELOW, YOU WILL NOT BE PERMITTED TO OBTAIN CREDIT SERVICES. Name: erenee wade Date of Agreement: December 17, 2010 I Agree
PLEASE REVIEW AND DECIDE WHETHER TO EXECUTE THE ARBITRATION AGREEMENT BELOW BY E−SIGNING BELOW. ARBITRATION AGREEMENT This Arbitration Agreement provides that, unless prohibited by applicable law, upon the election of either consumer ("you"), ACE Credit Services, LLC, whose address is 1231 Greenway Drive, Suite 600, Irving, Texas 75038 ("ACE"), DSI Lending Resources, Inc., whose address is 690 E. Lamar Blvd, Suite 575, Arlington, TX 76011 ("Lender"), or certain related parties (as described below), any legal dispute between you, on the one hand, and us, on the other hand, will be resolved by binding arbitration. In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. (Solely for purposes of this Arbitration Agreement, the terms "we," "us" and "our" refer herein to ACE, Lender and all other parties described under the caption "Coverage and Definitions" below.) Right to Reject Arbitration Agreement: YOU MAY REJECT THIS ARBITRATION AGREEMENT BY SENDING US A NOTICE ("REJECTION NOTICE") EITHER BY MAIL OR BY MESSENGER SERVICE (SUCH AS FEDERAL EXPRESS) TO THE GENERAL COUNSEL, ACE CREDIT SERVICES, LLC, 1231 GREENWAY DRIVE, SUITE 600, IRVING, TEXAS 75038 IF THE NOTICE IS RECEIVED WITHIN THIRTY (30) DAYS AFTER THE DATE OF YOUR APPLICATION. THE REJECTION NOTICE MUST INCLUDE YOUR NAME, ADDRESS, TELEPHONE NUMBER AND THE DATE OF YOUR APPLICATION. IF YOU REJECT ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO REQUIRE ARBITRATION OF SOME OR ALL CLAIMS (AS SUCH TERM IS DEFINED BELOW). REJECTION OF THE ARBITRATION AGREEMENT WILL NOT AFFECT ACE'S WILLINGNESS TO PROVIDE YOU WITH CREDIT SERVICES OR LENDER'S WILLINGNESS TO PROVIDE A LOAN, NOR WILL IT AFFECT THE TERMS OF YOUR CREDIT SERVICES AGREEMENT WITH ACE OR YOUR LOAN AGREEMENT AND PROMISSORY NOTE WITH LENDER (THE "LOAN AGREEMENT"). ANY REJECTION OF ARBITRATION WILL APPLY ONLY TO THIS ARBITRATION AGREEMENT (AND NOT TO ANY PRIOR OR SUBSEQUENT ARBITRATION AGREEMENT). Coverage and Definitions:This Arbitration Agreement benefits and is binding upon you and us, including: (1) ACE and Lender; (2) any company that owns or controls ACE or Lender (a "Parent Company"); (3) any company that is controlled by a Parent Company, ACE and/or Lender; (4) any person or company that has or acquires a financial interest or rights under the Credit Services Agreement, (5) any person or company that has or acquires a financial interest or rights under the Loan Agreement; and (6) with respect to any of the foregoing, any heirs, assigns, personal representatives, officers, directors, owners, shareholders, principals, agents, attorneys, lenders, sureties, or insurers. Also, if either you or we elect to arbitrate any Claim you bring against us, the persons who may benefit by this Arbitration Agreement include any other persons or companies you make a Claim against in the same proceeding. "Claim" means any legal dispute between you and us that has anything at all to do with: (1) your Credit Services Terms, Conditions and Disclosures, your Application for Credit Services and Loan, this Arbitration Agreement, the Credit Services Agreement, the Loan Agreement and/or ACE's or Lender's privacy policies; (2) the servicing or collection of amounts due under the Credit Services Agreement or the Loan Agreement; or (3) any related advertising, promotion, disclosure or notice. This includes a dispute about whether this Arbitration Agreement is valid or enforceable, about when it applies and/or about whether a dispute is arbitrable. It includes disputes about constitutional provisions, statutes, ordinances, regulations, compliance with contracts and wrongful acts of every type (whether intentional, fraudulent, reckless or negligent). This Arbitration Agreement applies to actions, omissions and events prior to, on or after the date of this Arbitration Agreement. It applies to disputes involving requests for injunctions and/or other equitable relief. However, notwithstanding any language in this Arbitration Agreement to the contrary, the term "Claim" does not include any dispute about the validity, effect or enforceability of the prohibitions against class proceedings, private attorney general proceedings and/or multiple−party proceedings described under the caption "Prohibition Against Certain Proceedings" (the "Class Action Waiver"), and any such dispute shall be resolved by a court and not by an arbitrator or arbitration administrator. "Administrator" means JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; the American Arbitration Association (the "AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; or any other company selected by mutual agreement of the parties. If both JAMS and AAA cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. You get to select the Administrator if you give the other parties written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after any other party gives you notice that such party is electing to arbitrate any Claim. If you do not select the Administrator on time, we will select the administrator. Notwithstanding any language in this Arbitration Agreement to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that purports to override the Class Action Waiver. Important Notice: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. "Prohibition Against Certain Proceedings": IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NO PARTY MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS−WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT OR CLASS MEMBER; (2) NO PARTY MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN AN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS−WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE−PARTY ARBITRATION. Initiating Arbitration Proceedings: A party asserting a Claim must first comply with the paragraph captioned "Notice and Cure; Special Payment." Additionally, a party electing arbitration must give written notice of an intention to initiate or require arbitration. This notice can be given after the beginning of a lawsuit and can be given in the papers filed in the lawsuit. If such a notice is given, unless prohibited by applicable law, any Claim shall be resolved by arbitration under this Arbitration Agreement and, to the extent consistent with this Arbitration Agreement, the applicable rules of the Administrator that are in effect at the time the Claim is filed with the Administrator. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim that is later asserted in the same lawsuit by any other party. The arbitrator will be selected in accordance with the Administrator's rules. However, unless all the parties agree otherwise, the arbitrator must be a lawyer with more than 10 years of experience or a retired judge. We will not elect to arbitrate an individual Claim that you bring in small claims court or an equivalent court. However, we may elect to arbitrate a Claim that is transferred, removed or appealed to any different court. Arbitration Location and Costs: Any arbitration hearing that you attend will take place in a reasonably convenient location for you. If you object to the fees charged by the Administrator and/or arbitrator, we will consider in good faith any reasonable written request for us to bear the fees charged by the Administrator and/or arbitrator. Also, we will pay any fees or expenses we are required to pay by law or required to pay so that a court will enforce this Arbitration Agreement. Each party must pay for that party's own attorneys, experts and witnesses, provided that we will pay all such reasonable fees and costs you incur if you are the prevailing party and/or where required by applicable law and/or the Administrator's rules. Applicable Law: You and we agree that the Credit Services Agreement, the Loan Agreement and this Arbitration Agreement involve interstate commerce, and this Arbitration Agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1 et seq. (and by Texas law to the extent state law governs the enforceability of this Arbitration Agreement under section 2 of the FAA). The arbitrator must follow, to the extent applicable: (1) the substantive law related to any Claim; (2) statutes of limitations; and (3) claims of privilege recognized at law. Upon the timely request of any party to an arbitration proceeding, the arbitrator must provide a brief written explanation of the basis for the award. The arbitrator will determine the rules of procedure and evidence to apply, consistent with the arbitration rules of the Administrator and this Arbitration Agreement. In the event of a conflict between this Arbitration Agreement and the rules or policies of the Administrator, this Arbitration Agreement shall govern. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. Getting Information: In addition to the parties' rights to obtain information under the Administrator's rules, any party may submit a written request to the arbitrator seeking more information. A copy of such request must be provided to the other parties. Those parties will then have the chance to object in writing within 30 days. The objection must be sent to the arbitrator and the other parties. The arbitrator will decide the issue in his or her sole discretion within 20 days thereafter.
Effect of Arbitration Award: Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's decision will be final and binding, except for any appeal right under the FAA and except for Claims involving more than $50,000. For these Claims, any party may appeal the award to a three−arbitrator panel appointed pursuant to the Administrator's rules. That panel will reconsider from the start any aspect of the initial award that any party asserts was incorrectly decided. The decision of the panel shall be by majority vote and will be final and binding, except for any appeal right under the FAA. Unless applicable law (or the paragraph captioned "Corrective Action; Survivability and Severability of Terms") requires otherwise, the costs of an appeal to an arbitration panel will be borne by the appealing party, regardless of the outcome of the appeal. However, we will consider in good faith any reasonable written request for us to bear the cost. Also, we will pay any fees or expenses they are required to pay by law or required to pay so that a court will enforce this Arbitration Agreement. Power to Bind: ACE and Lender promise that they have the right and power to sign this Arbitration Agreement on behalf of all of us related to them and will ensure that all of us related to them comply with this Arbitration Agreement. Corrective Action; Survivability and Severability of Terms: A party must be given written notice and a reasonable opportunity of at least 30 days to remedy any circumstances that might preclude arbitration of a Claim. This Arbitration Agreement shall survive: (1) termination or cancellation of the Credit Services Agreement and/or repayment of the Loan; and (2) the bankruptcy of any party. If any portion of this Arbitration Agreement other than the Class Action Waiver is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Agreement will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal. This Arbitration Agreement can only be amended or supplemented by written agreement. Notice and Cure; Special Payment: Prior to initiating litigation or arbitration regarding a Claim, the party asserting the Claim shall give the other party or parties written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to cure the Claim. Any Claim Notice to you shall be sent in writing by mail or by email to the address you have provided on your Application (or any updated address you have subsequently provided). Any Claim Notice to us shall be sent by mail or by messenger service to the General Counsel, ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038. Any Claim Notice you send must identify yourself and provide your telephone number and email address. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The party giving a Claim Notice must reasonably cooperate in providing any information about the Claim that the other party or parties reasonably request and must give the other party or parties a reasonable opportunity to respond to the demand for relief. If we refuse to provide you with the relief demanded in any Claim Notice you send us in accordance with this paragraph and an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $5,100 (not including any arbitration fees and attorney's fees and costs to which you may be entitled). Intending to be legally bound, ACE and Lender have caused this Agreement to be signed on their behalf. ACE Credit Services, LLC
DSI Lending Resources, Inc.
By:
By:
Jay Shipowitz, President
Eugene McKenzie, Authorized Representative
BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THE ARBITRATION AGREEMENT ABOVE. IF YOU REJECT THE ARBITRATION AGREEMENT (SEE "RIGHT TO REJECT ARBITRATION AGREEMENT" ABOVE), CLICK THE "I DO NOT AGREE" BUTTON. Name on application: erenee wade Date of Agreement: December 17, 2010 I Agree
If you wish to cancel, print out this page, complete one of the Notices of Cancellation and return it to us. Keep the other copy for your records.
NOTICE OF CANCELLATION You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the seller of your cancellation notice. To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to: ACE Credit Services, LLC at 1231 Greenway Drive, Suite 600, Irving, Texas 75038.
I hereby cancel this transaction. _____________________________
____________________________________
(date)
(ACE customer signature)
If you wish to cancel, print out this page, complete one of the Notices of Cancellation and return it to us. Keep the other copy for your records.
NOTICE OF CANCELLATION You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the seller of your cancellation notice. To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to: ACE Credit Services, LLC at 1231 Greenway Drive, Suite 600, Irving, Texas 75038.
I hereby cancel this transaction. _____________________________
____________________________________
(date)
(ACE customer signature)
BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS ABOVE ( INCLUDING, WITHOUT LIMITATION, THE AUTHORIZATION FOR AUTOMATED CLEARING HOUSE (ACH) DEBITS), AND THAT YOU HAVE RECEIVED THE ATTACHED NOTICES OF CANCELLATION. IF YOU REJECT THE PROPOSED TERMS BY CLICKING "I DO NOT AGREE", YOU WILL NOT BE PERMITTED TO OBTAIN CREDIT SERVICES. Â Â Â Name on application: erenee wade Date of Agreement: December 17, 2010 I Agree CREDIT SERVICES AGREEMENT DEFINITIONS: In this Credit Services Agreement ("Credit Services Agreement"), "we," "our," "us", "seller", and "ACE" mean ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038, txwebservice@acecashexpress.com, a company registered with the Texas Secretary of State as a credit services organization (a "CSO"). "You", "buyer", and "your" mean the individual seeking credit services from us. "Lender" means DSI Lending Resources, Inc., a Lender that is not affiliated with us. "Loan" means the loan Lender may provide you and "Loan Agreement" means the Loan Agreement and Promissory Note that will specify the terms of the Loan, if any. Services and Charges SERVICES WE PROVIDE: We do not make loans, but instead provide credit services. Upon execution of this Credit Services Agreement, we will use our best efforts to: (1) arrange the Loan; (2) assist you in preparing and completing the information and documents that Lender requires; and (3) issue a letter of credit to Lender to secure the Loan in an amount not to exceed the amount of the Loan, interest and any dishonored item fee that may be payable if you default in your payment obligations. If the Loan is made, the Amount Financed of the Loan will be $$400.00 and the interest rate will be 10% per annum simple interest. Your payment of principal and interest will be due in a single payment on December 31, 2010 (the "Payment Date"). Our credit services will be performed from the date of this Credit Services Agreement until the date that any Loan is paid in full or renewed, the date that you cancel the Credit Services Agreement if allowed by law, or the date that the letter of credit is paid in full if drawn upon. All services we provide under this Credit Services Agreement will be performed within 180 days. FEES: In consideration for the credit services that we will provide you under this Credit Services Agreement, you agree to pay us a fee (the "CSO Fee") of $120.00 on the Payment Date. Under the federal Truth−in−Lending Act ("TILA"), the CSO Fee is a Finance Charge and part of the Annual Percentage Rate on the Loan. Even though the CSO Fee is disclosed in this manner under TILA, it is not interest under Texas law. The CSO Fee will be paid to and retained by us, not Lender. No CSO Fee will be charged if we are unable to arrange the Loan for you, if you decide not to accept the Loan or if you decide to accept the Loan but cancel this Credit Services Agreement within three days after the date of this Credit Services Agreement. Additional Terms METHOD OF PAYMENT; ACH AUTHORIZATION: You promise to pay us or to our order, on the Payment Date set forth above, the CSO Fee set forth above. You hereby authorize us to make this payment on your behalf by initiating an automated clearing house ("ACH") charge from the bank account (the "Account") identified on your Application for Credit Services and Loan (the "Application"). You authorize us to resubmit any ACH charge up to two additional times if the charge is unsuccessful. You agree that we may initiate a single ACH charge or separate ACH charges for the CSO Fee payable to us under this Credit Services Agreement and/or the amount owed to Lender under the Loan Agreement. You understand that Lender and/or your bank may charge you a fee if an ACH charge is unsuccessful. If necessary, our call center may be able to authorize you to make your payment at an ACE Cash Express location. You authorize us and Lender to collect any amount you owe to us or Lender by using a combined ACH debit that is presented for payment to your bank. LETTER OF CREDIT: As part of the CSO Services, we issue to Lender the Letter of Credit to secure the Amount Financed, interest, and any potential dishonored item fees you owe under the Loan Agreement. In the event we make a payment to Lender under the Letter of Credit, you will owe us the amount we paid under the Letter of Credit and, in the event we have not paid all amounts owed on the Loan, you will owe Lender any amount that remains unpaid on the Loan.
OTHER CHARGES: In the event we do not receive payment of the CSO Fee on or prior to the Payment Date and/or we have to make payment under the Letter of Credit (because you have failed to comply with your payment obligations under the Loan Agreement), to the extent permitted by law you agree to pay our reasonable attorney's fees, together with all costs and disbursements, if your obligation is referred to an attorney for collection, regardless of whether legal proceedings are actually filed. You agree that, subject to applicable law, any overdue amounts you owe will bear simple interest at the rate of 10% per annum from the date they were due. FURTHER AUTHORIZATIONS: You authorize us to: (1) call you during reasonable hours at home or work to remind you that your payments under this Credit Services Agreement and/or the Loan Agreement are due or will shortly be due; (2) exchange nonpublic personal information about you with Lender; (3) receive Loan funds from Lender and disburse them to you; (4) receive Loan payments from you and transfer them to Lender; (5) communicate with you in the event of default on the Loan as allowed by law, including calling you, communicating with you in writing or by email, or communicating with third parties, including the personal contacts identified on the Application, in order to locate you; and (6) assist Lender in originating and servicing the Loan. MISCELLANEOUS: Our principal place of business is ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038. Our agent in Texas authorized to receive service of process is CT Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, TX 75201. ASSIGNMENT: We may transfer or assign any of our rights under this Credit Services Agreement in our sole discretion. You may not transfer your rights under this Credit Services Agreement without our prior written consent. CREDIT INFORMATION AND REPORTING: We will report information about you to consumer reporting agencies. Late payments, missed payments, or other defaults under this Credit Services Agreement or the Loan Agreement may be reflected in your credit report. If you believe that we have reported inaccurate information about you to a consumer reporting agency, please write to us at ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038, or send an email to txwebservice@acecashexpress.com to tell us so. In your letter or email, please provide the date of this Credit Services Agreement and/or the Loan Agreement, identify the information you question and tell us why you believe it is inaccurate. NOTICE AND CURE: Prior to initiating litigation or an arbitration regarding a legal dispute or claim relating to this Credit Services Agreement ("Claim"), the party asserting the Claim shall give the other party or parties written notice of the Claim (a "Claim Notice") and a reasonable opportunity (not less than 30 days) to cure the Claim. Any Claim Notice to you shall be sent in writing by mail or by email to the address you have provided in your Application (or any updated address you have subsequently provided). Any Claim Notice to ACE and/or Lender shall be sent by mail, c/o Vice President of Compliance, ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038, or by email to txwebservice@acecashexpress.com. Any Claim Notice you send must identify yourself and provide your address, telephone number and email address. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The party giving a Claim Notice must reasonably cooperate in providing any information about the Claim that the other party or parties reasonably request and must give the other party or parties a reasonable opportunity to respond to the demand for relief. COMMUNICATIONS: By signing this Credit Services Agreement, you authorize us to send you commercial email messages at the email address you provided on your Application (or any updated address you subsequently provide to us electronically or in writing). GOVERNING LAW: This Credit Services Agreement shall be governed by the substantive laws of the State of Texas. ENTIRE AGREEMENT: This Credit Services Agreement and the Arbitration Agreement (if you do not reject it) are the sole agreements between you and us relating to the subject matter of this Credit Services Agreement. No modification of this Credit Services Agreement shall be effective unless in writing and signed by you and us. If any provision of this Credit Services Agreement is determined to be invalid or unenforceable, such provision shall be reformed if practicable so as to achieve its intended purpose(s) and shall not in any way affect the remaining provisions of this Credit Services Agreement. CAUTION: The credit services provided hereunder and the Loan we are seeking to arrange are NOT intended to meet long−term financial needs. Such credit services and Loan should only be used to meet immediate short−term cash needs. Repeated or frequent use can create serious financial hardships. Before entering into this Credit Services Agreement and/or the Loan Agreement, you should evaluate the costs and benefits of all alternatives, including a loan obtained directly from another lender (without the assistance of a CSO), a loan from family or friends, a credit card cash advance, an advance under an account with overdraft protection or a salary advance. CONDITION TO PROVIDING CREDIT SERVICES: For security purposes, our agent will attempt to contact you at one or more of the phone numbers you provided on your Application. We will provide the credit services if and only if contact is made within seven days. JURY TRIAL WAIVER: YOU ACKNOWLEDGE THAT THERE IS A CONSTITUTIONAL RIGHT TO TRIAL BY JURY BUT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE SEPARATE ARBITRATION AGREEMENT BETWEEN YOU AND US THAT WILL APPLY IF YOU DO NOT REJECT THE ARBITRATION AGREEMENT. ACE Privacy PRIVACY POLICY AND NOTICE: This Privacy Policy and Notice ("Notice") covers ACE Cash Express, Inc., and its affiliated companies including ACE Credit Services, LLC, ACE Cash Express Home Loans LLC, ACE Cash Express Insurance Services LLC, America's Purchase Plan Inc., ACE Minnesota Corp. and any other affiliates of ACE Cash Express, Inc. offering you financial products or services under the ACE or ACE Cash Express name (collectively referred to as "ACE Companies"). We provide this Notice to you so that you can understand our Privacy Policies, and how we protect your customer information. We maintain strict policies to secure the privacy of your information. This Notice explains the type of information we collect and may share. Additionally, this Notice explains how you can prevent us from sharing certain information about you within the ACE Companies and with others. The information contained in this Notice applies to you if you have applied for a financial product or service, if you are a current customer and if you beco me a former customer. For questions about our Privacy Policy, you can contact us at: 1−800− 224−4338. I. WE PROTECT THE CONFIDENTIALITY OF CUSTOMER INFORMATION. We strive to maintain the security, confidentiality and privacy of our customer information. All our employees and others hired to work for us agree to adhere to our polices and procedures to prevent any misuse of your customer information. We maintain various physical, electronic, and procedural safeguards to guard your customer information. In order to provide you with superior service, we restrict employee access to our customer information. Only the employees actively engaged in their assigned duties, who need access to such customer information to administer our business, may access or use customer information. II. WE ONLY COLLECT INFORMATION THAT WE NEED TO SERVE YOU AND ADMINISTER OUR BUSINESS. In the process of serving you, we collect certain "nonpublic personal information" (information about you that is not available publicly) from the following sources:
• Information we receive from you on applications or other forms (such as name, address, social security number, assets and income);
• Information about your transactions with ACE Companies, or others (such as your account balance and payment history); • Information we receive from a consumer reporting agency (such as your creditworthiness and credit history); and • Information we receive from other "nonaffiliated third parties" (such as your employer who may verify representations you made to us).
III. WE CAREFULLY LIMIT AND CONTROL THE SHARING OF CUSTOMER INFORMATION. In order to protect customer privacy, we carefully control the way we share customer information. A. WE MAY SHARE CERTAIN CUSTOMER INFORMATION WITHIN ACE COMPANIES. ACE Companies who may receive your customer information include financial service providers, such as management and financial services companies, lenders, credits services organizations, mortgage brokers, insurance agencies, layaway providers and others, such as any company that may offer a product or service that we believe will be useful, helpful or convenient to you. Under the Fair Credit Reporting Act, we may share within the ACE Companies "experience" information, such as a customer's account history and experiences with us. You cannot prevent us from sharing "experience" information among ACE Companies. Additionally, unless you tell us not to, we may also share "nonexperience" information among ACE Companies which includes:
• Information you have given us as part of an application or otherwise (such as assets and income); • Information we have obtained from "nonaffiliated third parties" (such as employment history); and • Information we have received from a consumer reporting agency (such as credit history). You can instruct us not to share "nonexperience" information within ACE Companies. If you wish to limit us from sharing such "nonexperience" information within ACE Companies, please contact us as provided below. If you have a joint account, a decision to opt out provided by one participant of the account will affect all participants. B. WE MAY SHARE "NONPUBLIC PERSONAL INFORMATION" WITH "NONAFFILIATED THIRD PARTIES". We disclose "nonpublic personal information" as permitted or required by a variety of federal and state laws, such as in response to a subpoena. Additionally, unless you tell us not to, we may also disclose to "nonaffiliated third parties" all of the "nonpublic personal information" that we collect as described above in Paragraph II. Nonaffiliated third parties who may receive your "nonpublic personal information" include not only financial service providers (such as mortgage companies, banks and tax preparer companies, insurance companies, consumer lenders, small lenders, payday loan lenders, deferred deposit providers, check cashers, supervised lenders, regulated lenders, delayed deposit providers, title loan lenders, collection agencies, loan brokers, deferred presentment providers, pawn companies and rent to own companies) but also non−financial companies (such as retailers and companies that perform advertising or marketing services) and others (such as any company that may offer a product or service that we believe will be useful, helpful or convenient to you). If you wish to limit us from sharing any such "nonpublic personal information" except as permitted by law, please contact us as provided below. If you have a joint account, a decision to opt out provided by one participant of the account will affect all participants. C. YOU CANNOT OPT OUT OF INFORMATION SHARED WITH SERVICE PROVIDER/JOINT MARKETING COMPANIES. We may disclose all the information we collect, as described above, to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements, such as banks, lenders, tax preparers and other financial service providers. Your right to opt out, as described below, does not apply to the disclosures described in this subsection, which are permitted by law. IV. NOTICE OF FURNISHING NEGATIVE INFORMATION. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. V. YOU MAY PREVENT US FROM SHARING CERTAIN CUSTOMER INFORMATION BY OPTING OUT. Please read the choices below carefully. If you wish to limit our right to share certain customer information about you (other than disclosures permitted by law), please contact us as provided below:
• If you prefer that we not share "nonexperience" information about you with our "affiliates" (ACE Companies), you may direct us not to share this information by contacting us at 1−800−224−4338.
• If you prefer that we not share any "nonpublic personal information" about you with "nonaffiliated third parties" except as permitted by law, you may direct us not to share this information by contacting us at 1−800−224−4338.
VI. YOUR CHOICE TO LIMIT MARKETING AND OPT−OUT. The ACE Companies are providing this notice. Federal law gives you the right to limit some but not all marketing from ACE Companies. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from ACE Companies.
• You may limit ACE Companies, such as ACE affiliates, from marketing their products or services to you based on your personal information that they receive from other ACE Companies. This information includes your income and your account history.
• Your choice to limit marketing offers from ACE Companies will apply until you tell us to change your choice. • This limitation will not apply in certain circumstances, such as when you have a relationship with the ACE Company that is marketing to you.
• To limit marketing offers, contact us at 1−800−224−4338, to notify us not to allow any company within the ACE Companies to use your personal information to market to you.
If you have chosen any of the options above, your opt−out will apply to all services you receive from us, even if you become an inactive customer. You may exercise your right to opt out at any time by contacting us as provided above
YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR THE EXPLANATION OF THIS RIGHT. Intending to be legally bound, ACE has caused this Agreement to be signed on its behalf.
ACE Credit Services, LLC By:
Jay Shipowitz, President
Loan Agreement and Promissory Note LENDER: DSI Lending Resources, Inc Address: 690 E. Lamar Blvd, Suite 575 City/State/Zip: Arlington, TX 76011 Phone: (817) 462−1690
Loan #: 45870943 Customer: erenee wade Address: 3721 ashley ln City/State/Zip: ft worth, TX 76123 Phone: 8177048786
Loan Date: December 20, 2010
Due Date: December 31, 2010
DEFINITIONS: In this Loan Agreement and Promissory Note ("Loan Agreement"), "we," "our," "us" and "Lender" mean DSI Lending Resources, Inc., 690 E. Lamar Blvd, Suite 575, Arlington, TX 76011, (817) 462−1690. "ACE" means ACE Credit Services, LLC ("ACE"), a company registered with the Texas Secretary of State as a credit services organization ("CSO"). "You" and "your" mean the borrower under this Loan Agreement. "Credit Services Agreement" means the Credit Services Agreement you have entered into with ACE. "Loan" means the loan from Lender to you under this Loan Agreement.
**************************************************************************************************************************** TRUTH − IN − LENDING DISCLOSURES ANNUAL PERCENTAGE RATE
FINANCE CHARGE
The cost of your credit as a yearly rate.
The dollar amount the credit will cost you.
1002.84%
$120.89
Amount Financed
Total of Payments
The amount you will have paid The amount of credit provided to after you have made all payments you. as scheduled. $520.89 $400.00
Payment Schedule: One payment in the amount of $400.89 (the "Payment Amount"), due on December 31, 2010 (the "Payment Date"), payable to Lender for the principal and interest on the Loan, one payment in the amount of $120.00, due on the Payment Date, payable to ACE for its CSO Fee. Security Interest: Your Loan is secured by a Letter of Credit issued by ACE and by your ACH authorization. Prepayment: If you pay off early in connection with a cancellation of the Credit Services Agreement, you will be entitled to a refund of any finance charge you have paid. If you pay off for any other reason, you will not have to pay a penalty, but you will not be entitled to a refund of the CSO fee portion of the finance charge. Late charge: If you fail to pay us the Payment Amount within ten days after the Payment Date, you will owe us a late charge equal to the greater of 5% of the Payment Amount or $7.50. See below and in the Credit Services Agreement for any additional information about nonpayment, default and prepayment refunds. ****************************************************************************************************************************
Itemization of Amount Financed Amount paid to you directly: $400.00 Amount paid on our prior loan to you: $0.00 Total Amount Financed $400.00
THE LOAN AND ACE'S CREDIT SERVICES ARE EXPENSIVE AND ARE NOT INTENDED TO MEET LONG−TERM FINANCIAL NEEDS. THEY SHOULD BE USED ONLY TO MEET SHORT−TERM CASH NEEDS. Additional Terms PROMISE TO PAY; ACH AUTHORIZATION: You promise to pay us or to our order the Payment Amount, on the Payment Date set forth above. You hereby authorize us or ACE to make the payment on your behalf by initiating an automated clearing house ("ACH") charge from your bank account (the "Account") identified on your Application for Credit Services and Loan (the "Application"). Any payments made to us in care of ACE shall be binding upon us. You authorize us and ACE to collect any amounts you owe to us or ACE by using a combined ACH charge that is presented for payment to your bank. You authorize us or ACE to resubmit any ACH charge up to two additional times if the charge is unsuccessful. You agree that we and/or ACE may initiate a single ACH charge or separate ACH charges for the CSO Fee payable to ACE under the Credit Services Agreement and/or the Payment Amount owed to us under this Loan Agreement. You understand that we and/or your bank may charge you a fee if an ACH charge is unsuccessful. If necessary, the call center may be able to authorize you to make your payment at an ACE Cash Express location. CANCELLATION: If you repay us the entire Amount Financed in connection with a cancellation of the Credit Services Agreement within three days after the Credit Services Agreement is electronically signed by you, you will not be required to pay us any interest under this Loan Agreement. INTEREST ACCRUAL: We compute simple interest on the actual days the Amount Financed is advanced and unpaid, treating each day as 1/365th (or 1/366th, as applicable) of a year. You may prepay in full at any time. If you pay off early, less interest is charged, and if you pay late, more interest is charged. PREPAYMENT: You may not partially prepay, but you may prepay in full at any time in order to pay less interest. The CSO Fee you owe ACE is earned by ACE at inception and is not subject to refund unless you timely cancel the Credit Services Agreement. CSO FEE NOT INTEREST: Under the federal Truth−in−Lending Act ("TILA"), the CSO Fee is a Finance Charge and part of the Annual Percentage Rate of the Loan. Even though the CSO Fee is disclosed in this manner under TILA, it is not interest under Texas law. On the Payment Date, the CSO Fee will be paid to and retained by ACE, not us. ADDITIONAL CHARGES: If you fail to pay us the Payment Amount within ten days after the Payment Date, you will owe us a late charge equal to the greater of 5% of the Payment Amount or $7.50. If any payment (including an ACH payment) is returned for any reason, you will owe us a dishonored item fee of $30. You agree that we and/or ACE are authorized to debit your Account to collect these fees. You understand that your bank may charge you a fee if you do not have sufficient funds in the Account to cover an ACH debit we initiate. SAVINGS CLAUSE: No interest, charge or receipt by us is intended to exceed lawful amounts. If an unlawful excess occurs, we will apply it as a credit or otherwise refund it, and the rate or amount involved will automatically be reduced to the maximum lawful rate or amount. To the extent permitted by law, for purposes of determining our compliance with the law, we may calculate charges by amortizing, prorating, allocating and spreading. SECURITY; CANCELLATION OF CREDIT SERVICES AGREEMENT: Your Loan will be secured by a Letter of Credit issued by ACE. In addition, your ACH authorization is security for payment of the Loan. If you cancel the Credit Services Agreement within three days after the Credit Services Agreement is electronically signed by you, ACE will cancel the Letter of Credit securing your Loan and you must immediately pay us the Amount Financed (without any interest). We will refund or credit to you any interest we receive. ASSIGNMENT: WWe may assign or transfer any or all of our rights, title and interest under this Loan Agreement at our discretion. You may not assign your rights under this Loan Agreement without our written consent. CREDIT INFORMATION AND REPORTING: We will report information about you to consumer reporting agencies. Late payments, missed payments, or other defaults under this Loan Agreement may be reflected in your credit report. If you believe that we have reported inaccurate information about you to a consumer reporting agency, please write to us c/o ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038, or send an email to us at txwebservice@acecashexpress.com to tell us so. In your letter or email, please provide the Loan Number, identify the information you question and tell us why you believe it is inaccurate. NOTICE AND CURE: Prior to initiating litigation or an arbitration proceeding regarding a legal dispute or claim relating to this Loan Agreement (a"Claim"), the party asserting the Claim shall give the other party or parties written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to cure the Claim. Any Claim Notice to you shall be sent in writing by mail or by email to the address you have provided in your Application (or any updated address you have subsequently provided). Any Claim Notice to ACE and/or Lender shall be sent by mail, c/o General Counsel, ACE Credit Services, LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038, or by email to txwebservice@acecashexpress.com. Any Claim Notice you send must identify yourself and provide your address, telephone number and email address. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The party giving a Claim Notice must reasonably cooperate in providing any information about the Claim that the other party or parties reasonably request and must give the other party or parties a reasonable opportunity to respond to the demand for relief. GOVERNING LAW: This Loan Agreement shall be governed by the substantive laws of the State of Texas. ENTIRE AGREEMENT: This Loan Agreement and the Arbitration Agreement (if you do not reject it) are the sole agreements between you and us relating to the subject matter of this Loan Agreement. No modification of this Loan Agreement shall be effective unless in writing and signed by you and us. If any provision of this Loan Agreement is determined to be invalid or unenforceable, such provision shall be reformed if practicable so as to achieve its intended purpose(s) and shall not in any way affect the remaining provisions of this Loan Agreement. CAUTION: The credit services provided under the Credit Services Agreement and the Loan are NOT intended to meet long−term financial needs. Such credit services and Loan should only be used to meet immediate short−term cash needs. Repeated or frequent use can create serious financial hardships. Before entering into this Loan Agreement, you should evaluate the costs and benefits of all alternatives, including a loan obtained directly from another lender (without the assistance of a CSO), a loan from family or friends, a credit card cash advance, an account with overdraft protection or a salary advance. CONDITION TO MAKING LOAN: For security purposes, our agent will attempt to contact you at one or more of the phone numbers you provided on your Application. We will provide the Loan if and only if contact is made within seven days. JURY TRIAL WAIVER: YOU AND WE ACKNOWLEDGE THAT THERE IS A CONSTITUTIONAL RIGHT TO TRIAL BY JURY BUT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY
WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OUR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE SEPARATE ARBITRATION AGREEMENT BETWEEN YOU AND US THAT WILL APPLY IF YOU DO NOT REJECT THE ARBITRATION AGREEMENT. DSI LENDING RESOURCES, INC. PRIVACY POLICY: Protecting your privacy is important to us and our employees. We want you to understand what information we collect and how we use it. In order to provide our customers with short−term loans as effectively and conveniently as possible, we use technology to manage and maintain customer information. The following policy serves as a standard for all of our employees for the collection, use, retention, and security of non−public personal information related to our short−term loan programs. WHAT INFORMATION WE COLLECT: We may collect "non−public personal information" about you from the following sources: Information we obtain from your applications or loan forms, such as your name, address, social security number, assets and income; Information about your loan transactions with us, such as your payment history and loan balances; and Information we receive from third parties, such as consumer reporting agencies, credit service organizations, and other lenders, regarding your creditworthiness and credit history. "Non−public personal information" is non−public information about you that we obtain in connection with providing a short−term loan to you. For example, as noted above, non−public personal information includes your name, social security number, credit history, and the like. WHAT INFORMATION WE DISCLOSE: We may disclose all the information we collect. THIRD PARTIES TO WHOM WE MAY DISCLOSE: We are permitted by law to disclose non−public personal information about you to third parties in certain circumstances. For example, we may disclose non−public personal information about your short−term loans to consumer reporting agencies and to government entities in response to subpoenas. Moreover, we may disclose all of the non−public personal information about you that we collect, as described above, to our special/limited agent(s) which perform(s) services on our behalf, such as servicing your short−term loan. Such disclosures are made as necessary to effect, administer and enforce the credit services you request or authorize. We may disclose information about your transactions with us to our affiliates. In addition, we may disclose non−public personal information to unaffiliated third parties as otherwise permitted by law. If you become an inactive customer, we will continue to adhere to the privacy policies and practices described in this notice. OUR SECURITY PROCEDURES: We also take steps to safeguard customer information. We restrict access to non−public personal information about you to those of our employees and the employees of the CSO who need to know that information to provide and service your short−term loans. We use physical, electronic and procedural safeguards, to guard your non−public personal information.
DSI Lending Resources, Inc. By:
Eugene McKenzie, Authorized Representative BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS ABOVE (INCLUDING, WITHOUT LIMITATION, THE AUTHORIZATION FOR AUTOMATED CLEARING HOUSE (ACH) DEBITS). IF YOU REJECT THE PROPOSED TERMS BY CLICKING "I DO NOT AGREE," YOU WILL NOT BE PERMITTED TO OBTAIN A LOAN. Name on application: erenee wade Date of Agreement: December 17, 2010 I Agree