Terms and Conditions
In this Loan Agreement (“Agreement”), the words “you or your” mean the customer identified on front of agreement. The words “Us”, “We”, and “Our” mean Preferred Loans.
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). This Agreement is confirmation of our agreement including the terms, which were available to you in writing at our office, on our website located at www.oplisloans.com and verbally from one of our operators prior to the completion of the transaction.
2. 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.
3. Rescission of Installment Loan: You can rescind the loan without cost or further obligation to us, if you return the loan amount provided on or before 5:00 PM the next business day following the Loan Funding Date. For example, if you complete an Installment loan at 4:00 PM on Thursday, you have until 5:00 PM on Friday to rescind the agreement.
4. WARNING ABOUT FRAUD AND IDENTITY THEFT : Attempting to obtain a credit transaction by providing false information, including but not limited to the use of false or altered documents and the use of another person’s identity other than your own (Identity Theft), is fraudulent and, in some cases, punishable by law. Preferred Loans reserves the right to report any and all information obtained in connection with a verified fraud attempt to local, state, or federal authorities for possible investigation and prosecution.
5. Class Action: You agree, to the extent permitted by law that you will not bring, join, or participate in any class action or multi-plaintiff action as to any claim, dispute, or controversy you may have against Preferred Loans. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in the suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually as outlined herein.
6. Documentation: You agree that electronic mail, electronic forms, records, photocopies, and /or facsimile copies of the documents you submit are valid and enforceable as the original. Further, you agree that by verbal consent in person or by phone, typing your name as your electronic signature, or any other manner or method of acceptance as outlined herein constitutes an acceptance of all terms and conditions of the Agreement for which will be deemed valid and binding on all parties to this Agreement.
7. Arbitration: Notwithstanding any other provisions in this agreement, both parties agree that all disputes, claims, or controversies between the parties to this Agreement, including all disputes, claims, or controversies arising from or relating to this Agreement, no matter by whom or against whom, including the validity if this Agreement and the obligations and scope of this arbitration clause, shall be resolved by and under the Code of Procedure of the National Arbitration Forum (NAF). This arbitration agreement is made pursuant to a transaction in interstate commerce, and shall be governed by the Federal Arbitration Act at 9 U.S.C. Section 1. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes through a court, but that they prefer to resolve their disputes through arbitration, except as provided herein. THE PARTIES WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT BUT HAVE AGREED TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, EXCEPT THAT THE LENDER MAY CHOOSE AT LENDER’S SOLE OPTION TO SEEK COLLECTION OF PAYMENT(S) DUE IN COURT RATHER THAN THROUGH ARBITRATION. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY LENDER. The parties agree and understand that all disputes arising under case law, statutory law, and all other laws, including, but not limited to, all contract, tort, and property disputes will be subject to binding arbitration in accord with this contract.
8. Consent for Electronic Records: Please read this information carefully and, for future reference, either print a copy of this document or retain this information electronically.
a. Introduction: I am submitting a credit application to Lender. Lender can give me the benefits of its online service only if I consent to use and accept electronic signatures, electronic records, and electronic disclosures in connection with this transaction (my “Consent”). By completing and submitting an online credit application (my “Application”), I acknowledge that I have received this document and have consented to the use of electronic signatures, electronic records, and electronic disclosures in connection with this transaction (collectively “Records”).
b. Electronic communications: I may request a paper copy of any Record by emailing Lender at: [email protected] I may request a paper copy even if I withdraw my Consent. Lender will retain the Records as required by law and will provide me with a paper copy of any Record at no charge.
c. Consenting to do business electronically: Before giving my Consent, I should consider whether I have the required hardware and software capabilities described below.
d. Scope of consent: My Consent and our agreement to conduct this transaction electronically only apply to this transaction. If Lender receives my Consent, then Lender will conduct this transaction with me electronically.
e. Hardware and software requirements: To access and retain the Records electronically, I will need to use the following computer software and hardware: An IBM or MAC compatible computer with Internet access and an Internet Browser that meets the following minimum requirements: Mozilla Firefox 1.5 or later versions or Microsoft Internet Explorer 5.01 or later versions. Also, the specific Internet Browser must support at least 128 bit encryption. To read some documents, I will need a PDF file reader like Adobe Acrobat Reader. If at any time during this transaction these requirements change in a way that creates a material risk that I may not be able to receive Records electronically, Lender will notify me of these changes.
f. Withdrawing consent: I may withdraw my Consent at any time and at no charge to me. If I withdraw my Consent prior to receiving the credit transaction, then my withdrawal will prevent me from obtaining an on-line credit transaction (i.e., a credit transaction obtained over the Internet). To withdraw my Consent, I must e-mail Lender at: [email protected] Note, however, that the withdrawal of my Consent will not affect the legal effectiveness, validity, or enforceability of the credit transaction or of any Records that I received electronically prior to such withdrawal (including but not limited to the Waiver of Jury Trial and Arbitration Provision, each set forth above).
g. Change to my contact information: I must keep Lender informed of any change in my e-mail address or my ordinary mail address. To update my address information, I will e-mail Lender at [email protected]
The Use of SMS Messaging and Cell Phone: Lender may send me SMS (“text”) messages regarding my account, including reminders, notifications and collection communications, at my mobile phone number disclosed on my application. I understand that my mobile number will only be used to contact me regarding my account or for the other purposes authorized by this agreement and will not be shared or used for any other purpose. Lender’s service will not charge me to receive or reply to text messages that you receive from Lender. However, I understand that my mobile carrier may charge their standard text message rates. In order to opt out of receiving such messages, I may notify Lender by texting “STOP” from my mobile device, or I may opt out by sending written instructions to Lender via email or regular mail. I expressly authorize Lender to place calls to my cell phone, including auto-dialed calls or calls containing prerecorded messages, in connection with the collection of any amounts due from me.
i. Electronic Signature/Verbal Consent By agreeing to this application, you understand and agree to all terms and conditions of this Agreement and by submitting the online information application by Internet or by phone, you are applying for a cash advance and certify that information provided by you is true and correct under penalty of perjury. You agree that upon submission of my electronic signature or verbal consent by phone, you are not presently involved in, or contemplating bankruptcy now or in the future. You authorize us to verify the information in this application and hereby give Preferred Loans the consent to obtain information on you from a consumer reporting agency or other various means available. You understand Preferred Loans reserves the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of due diligence of applicant. In order to process this application, you understand verification of the information you have provided is necessary, including, but not limited to, employment and bank account verification. You accept personal responsibility for safeguarding any PIN or CUSTOMER NUMBER that might be assigned to you.
j. 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.
k. Collection and Use of Bank Account Information: If we extend credit to a consumer, we will consider the bank account information provided by the consumer as eligible for us to process payments against.
If you have any questions, please contact us.
TRUTH IN LENDING:
Federal Truth in Lending Act (T.I.L.A) Disclosure
Regulation B in Federal Law prohibits the consideration of Age, Sex, Race, Ethnicity, Gender, National Origin, or Handicap as a basis for making anyone. Preferred Loans, through its website does not discriminate based on any of these factors. In addition Preferred Loans will not enter into or maintain vendor/reciprocal information service type relationships with anyone who does not conform to these anti-discriminatory practices.
Regulation Z in Federal Law requires the full disclosure of all costs and terms associated with any credit purchase or transaction and further requires that the costs associated with the transaction be expressed as an annual percentage rate of interest or A.P.R. Below all costs, terms and rates associated with the Preferred Loans are given.