Loan Agreement
Agreement Terms
This First Electronic Bank Installment Loan Agreement for the Afterpay Program (“Agreement”) includes the “Final Payment Schedule” that is sent after you complete your purchase with the merchant that will confirm the final value of your down payment and payment amounts, as well as your final payment due dates. The Final Payment Schedule will supersede and replace the Payment Schedule, and is expressly incorporated into this Agreement.
Use of the words “you” and “your” throughout this Agreement refer to the borrower listed, and the words “we,” “us,” and “our” refer to the Lender listed or its assignees. “Merchant” means the seller of merchandise or services from which you are making a purchase that will be financed by this Agreement.
The headings used in this Agreement are for convenience only, and are not part of this Agreement.
1. Promise to Pay; Interest; Payment Schedule
The Agreement governs your repayment to us in connection with funds we disbursed at your direction and on your behalf to an approved Merchant to acquire certain merchandise or services that you have selected.
You agree to pay to us an amount equal to the proceeds we disburse to Merchant in connection with your purchase of merchandise or services from Merchant, (such amount, the “Original Principal Balance”), together with interest, which accrues daily on the outstanding amounts of the Original Principal Balance (excluding interest) at an annual interest rate of [RATE]%, from the Loan Agreement Date indicated on the first page of this Agreement until your obligation is paid in full as provided herein.
You agree to repay your obligation under this Agreement by: (i) making an initial Down Payment; and (ii) making a series of substantially equal monthly payments (each, an “Installment Payment”) that will repay your loan obligation on the Maturity Date indicated on the first page of this Agreement. Your Down Payment will be due when you execute this Agreement in an amount that is estimated on the first page of this Agreement and will be finalized and confirmed in your Final Payment Schedule. Your Installment Payments will be due monthly, beginning on the date that is one month after you execute this Agreement (except that, if such numeric date does not exist in a calendar month the payment will be due on the last day of such month) in amounts that are estimated in the Federal Truth in Lending Disclosures on the first page of this Agreement and will be finalized and confirmed in your Final Payment Schedule. You understand that the final amounts and due dates of your Down Payment and Installment Payments will be provided to you as a supplement to this Agreement, the Final Payment Schedule, electronically or as otherwise permitted by law.
Because this is a daily simple interest loan, interest accrues every day, starting at 00:01 PST on the day this Agreement is executed, on the principal balance that is outstanding. If you submit a payment after your originally-scheduled due date, pay less than your amount due or miss a payment, you may pay a larger proportion of interest and less principal in your next payment, however, your monthly payment amount will not increase and you will not owe more interest than the amount disclosed in your loan agreement. In addition, failure to make payments in full and on time may result in an event of default under Section 5 of this Agreement. Interest will no longer accrue when we accelerate the loan or refer to a collection agency. If you pay early or you pay more than your amount due, you will pay less interest and your overall payments will be reduced as a result. Any adjustment to your payments because more or less interest has accrued based on your actual payment history will be applied to your final payment, and the adjusted amount of such payment will, where necessary, be provided to you prior to your final scheduled payment.
The issuer of your Payment Method (defined below) may also charge interest or other charges in accordance with the terms and conditions of the agreement between you and your Payment Method issuer. In our capacity as a lender under the terms of this Agreement, we do not have any role in setting or charging such interest or other charges related to a Payment Method you choose to use.
2. Use of Proceeds and Disbursement Authorization
By electronically accepting this Agreement and completing a purchase, you agree to pay the Down Payment amount to us. Once you have made the Down Payment, we agree to disburse the proceeds under this Agreement to the Merchant listed to satisfy your purchase obligation with such Merchant. You expressly authorize us to disburse loan proceeds to your Merchant, and agree to make each Installment Payment that becomes due after disbursement.
3. Foreign Currency Transactions
If your purchase is in a foreign currency, the amount of your purchase in a foreign currency will be converted into U.S. dollars based on the conversion rate received from a third party of our choice as of the end of the prior business day. This rate may differ from other exchange rates and may differ from the rates in effect in the wholesale markets on the date you made the purchase. If you return your purchase, the return will be processed based on the currency conversion rate used to determine the purchase price.
4. Payments, Prepayments, and Payment Methods
Payments that we receive at or before 23:59:59 PST will be credited to your loan on that day. Payments received after 23:59:59 PST may be credited to your loan on the next day. All payments must be denominated in U.S. dollars, and may not be made in cash or coin.
If you make all Installment Payments in full on their due dates, your final payment will be made on the Maturity Date identified in the Final Payment Schedule. You may prepay any amounts due under this Agreement in whole or in part at any time without a penalty, and may make any payment early, in whole or in part, without penalty or premium at any time.
When you accept this Agreement and place an order, you will identify your preferred method of payment, designating an eligible US-issued debit card as your “Payment Method.” If you would like to change your Payment Method or make alternate payment arrangements from among the payment method options we make available to you, you are able to do so online or, if the specific feature is not available, or if you have further issues or questions, you may contact us via our servicer at [email protected]. The Payment Method you select and any necessary authorization will not affect your obligation to pay when due all amounts payable under this Agreement. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have under applicable law.
5. Delinquency and Default
If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against you bankruptcy or insolvency proceedings, or are in breach with respect to any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder or exercise any other rights available to us under applicable law. We may refer your entire account to a third party collection agency upon delinquency, such that we and/or our agent will seek to collect the delinquent payment together with any remaining payments due under this Agreement. If you fail to make a payment required under this Agreement, we reserve the right to limit, restrict, suspend or terminate your access to your Afterpay account.
6. Approval and Cancellation
All applications for credit are subject to our final approval. We may, in our sole discretion, not approve your application, or cancel an approved application before the goods or services are delivered or supplied.
If we cancel your previously approved application:
(a)We will apply a full refund of any amounts you have paid (excluding any chargebacks or fees incurred in relation to your payment), and will cancel any future payments related to that order;
(b) The merchant providing the merchandise will not be obliged to deliver the goods (or provide any related services); and
(c) You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to your application.
7. Payment Method Pre-Authorizations
As part of our approval process and our assessment as to whether or not you have the ability to fulfill your obligation to pay when due all amounts owed under this Agreement, we reserve the right, whether ourselves or through our servicer, to conduct a pre-authorization of your Payment Method. This may involve placing funds in the account linked to your Payment Method on hold each time you make an online purchase, obtain authorization for an in-store purchase, or add a Payment Method to the Afterpay Account associated with this loan. For online purchases, we immediately instruct your bank to void this pre-authorization transaction. For in-store transactions, where an authorization is obtained but there is no completed purchase, we instruct the bank to void the pre-authorization if the authorization is cancelled or expires. No funds are received by Afterpay during this process. We cannot guarantee the time it takes for your bank to process the void action and make your funds available.
PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorization transaction within a few hours of the pre-authorization transaction being conducted by us or our servicer. However, in some observed instances, banks have taken up to fourteen (14) days to finalize this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalize this process and neither we nor our servicer makes any representations on this subject matter.
For online purchases:
(i)the pre-authorization amount will not exceed your first Installment Payment (plus one cent) owed to us for that purchase; and
(ii)we immediately instruct your bank to void this pre-authorization transaction.
For in-store purchases:
(i)the pre-authorization amount will not exceed 25% of the value of the authorization (plus one cent); and
(ii)where an authorization is obtained but there is no completed purchase, we instruct the bank to void the pre-authorization transaction.
No funds are received by us or our servicer during the pre-authorization process.
8. Merchandise Refunds and Other Adjustments Subsequent to Disbursement of Funds
Processing refunds and any merchandise exchanges or modifications are subject to the discretion of the Merchant to whom you directed us to disburse funds under this Agreement. Neither we nor our servicer are unable to override Merchant return, refund and exchange policies. If you decide to return goods acquired using funds we have disbursed under this Agreement and request a refund, or a return and refund are otherwise accepted or permitted by law, you will remain obligated to make all payments still outstanding under this Agreement when due. However, for any amounts that a Merchant returns directly to us in connection with such returned or exchanged merchandise, we shall retain such amounts and reflect an equivalent credit to reduce your outstanding obligation to us under this Agreement or, where applicable, refund to you any amounts already paid. In the event of a partial refund, the credit will be applied against your final payment first. If, for any reason, we are unable to apply a refund to the order to which it corresponds, we may in our discretion apply the refund to any method of payment you have on file with us or our servicer. You will remain obligated to make payments still outstanding when due. Please note that any paid interest is nonrefundable.
9.Transfers or Assignments
We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without your consent. You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. As permitted by applicable law, you hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled or released by us. You may not assign any of your rights or obligations under this Agreement without our prior written permission.
10. Credit Reporting
You agree that we may report information about your Agreement to credit bureaus. Late payments, missed payments, or other defaults on your loan may be reflected in your credit report.
If you believe we have reported inaccurate information about you or your Agreement to a credit bureau, contact our Customer Service center at https://help.afterpay.com or send a written notice to the Notice Address in Section 12, Attention: Credit Bureau Disputes.
11. Complaints and Disputes
If you have a complaint with us arising out of or related to this Agreement, you should contact us via our servicer at [email protected]. If you have a complaint arising out of the delivery or quality of the goods you have purchased, you should contact the Merchant using the details posted on the Merchant's website. If you wish to submit a general complaint to us, you should do so by contacting us using the details posted on the Afterpay website or available through your Afterpay account. We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.
12. Notices; Updating Information
All notices to us must be sent to https://help.afterpay.com (“Notice Address”) in accordance with this Agreement. We may change the Notice Address or any email addresses or phone numbers contained in this Agreement at any time by providing you with written notice. To the extent permitted under applicable law, any notice that you send to us will not be effective until we receive it and have had a reasonable opportunity to act on such notice. Notices that we send to you (including by email or other electronic transmission) may be delivered to any address we maintain for you in our records. Any notice that we send to you will be effective and deemed delivered when sent. You must notify us of any changes to your name, mailing or email address or phone number within 15 days of the change in writing at the Notice Address or through another method that we provide.
13. Arbitration Agreement
This Section 13 does not apply to service members and their dependents who are entitled to protection under the Military Lending Act (10 U.S.C. § 987). If you would like more information about whether you are entitled to protection under the Military Lending Act and whether this section applies to you, please call us at 1 (855) 289-6014 (toll-free).
(a) To expedite resolution and to minimize the cost of any claims and disputes arising out of or relating to this Agreement (“Dispute(s)”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your Afterpay account. Our address for such Notices is: Afterpay US Services, LLC, 760 Market St. Floor 2 Unit 2.03, San Francisco, CA 94102, Attention: Legal, or by email to [email protected]. Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
(b) IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, AFTER 30 DAYS FROM THE DATE OF THE FIRST NOTICE, THE PARTIES AGREE THAT ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL ALSO DECIDE ANY ISSUES RELATING TO THE MAKING, VALIDITY, ENFORCEMENT, OR SCOPE OF THIS ARBITRATION AGREEMENT, ARBITRABILITY, DEFENSES TO ARBITRATION INCLUDING UNCONSCIONABILITY, OR THE VALIDITY OF THE JURY TRIAL, CLASS ACTION OR REPRESENTATIVE ACTION WAIVERS (COLLECTIVELY, “ARBITRABILITY” ISSUES). YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. FURTHER, UNLESS YOU OPT OUT OF ARBITRATION, YOU ALSO AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.
(c) The arbitration will be commenced and conducted in San Francisco County, California under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
(d)The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Aforementioned Disputes shall be brought in Salt Lake County, Utah unless the parties agree otherwise. In addition, either party may assert claims, if they qualify, in small claims court in any United States county where you live or work.
(e) You agree that this agreement to arbitrate may be enforced by us or our affiliates, subsidiaries, or parents, and each of their officers, directors, employees, and agents. This arbitration agreement is made pursuant to a transaction involving interstate commerce. The Federal Arbitration Act (9 U.S.C. §§1-16) (the “FAA”) shall govern this agreement to arbitrate including all arbitrability issues. No state law respecting arbitrability issues shall govern this agreement to arbitrate. Subject to and without limiting the foregoing, federal law shall apply to all other issues that arise under federal law and applicable state law as set forth in Section 15 below shall apply to all other issues that arise under state law (without reference to a state’s choice of law rules). YOU MAY OPT OUT OF ARBITRATION BY SENDING US WRITTEN NOTICE WITHIN 30 DAYS OF SIGNING THIS AGREEMENT STATING THAT YOU WISH TO “OPT OUT OF THE AGREEMENT TO ARBITRATE DISPUTES.” THE OPT-OUT NOTICE SHOULD BE SENT TO THE FOLLOWING ADDRESS: Afterpay US Services, LLC, 760 Market St. Floor 2 Unit 2.03 San Francisco, CA 94102, Attention: Legal or by electronic mail at [email protected] and include (i) your Afterpay account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration. If you do not opt out, but any part or parts of your agreement to arbitrate are unenforceable then we and you agree that such specific part or parts shall be of no force or effect and shall be severed, but the remainder of this agreement to arbitrate shall continue in full force and effect. If, however, the entire agreement to arbitrate or your waiver of the right to participate in class, representative or to arbitrate injunctive relief claims is unenforceable then the agreement to arbitrate shall be of no force or effect.
(f)CALIFORNIA RESIDENTS IF YOU RESIDE IN CALIFORNIA AND YOU OPT-OUT OF ARBITRATION, WE AND YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED IN THE SUPERIOR COURT FOR THE COUNTY OF SAN FRANCISCO BY JUDICIAL REFERENCE PURSUANT TO THE CALIFORNIA CODE OF CIVIL PROCEDURE (“CCP”), § 638(a). YOU ACKNOWLEDGE AND AGREE THAT IN ANY SUCH JUDICIAL REFERENCE ACTION, ANY DISPUTE WILL BE HEARD BY A REFEREE AND NOT BY A SUPERIOR COURT JUDGE AND JURY AND HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JUDGE AND JURY. The Referee shall be appointed pursuant to CCP § 640 in the absence of agreement on the selection. Upon request, we will pay your portion of the fees and expenses of the Referee.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF YOU RESIDE IN CALIFORNIA AND YOU DO NOT OPT-OUT OF ARBITRATION, YOU MAY SEEK PUBLIC INJUNCTIVE RELIEF IN ARBITRATION TO THE EXTENT PERMITTED BY APPLICABLE LAW. Alternatively, if your Dispute involves a claim for public injunctive relief under California law, you may bring that claim in court. If you bring such claim in court, you further agree that we may treat such a claim as a Dispute within the meaning of the arbitration agreement set forth in this Section 13, and that we would then have the right to demand arbitration, and if you refuse such demand, to move to enforce arbitration in accordance with the terms of the foregoing arbitration agreement pursuant to the FAA. If we lose our motion to compel arbitration, you agree to stay your claim in court for public injunctive relief pending (1) exhaustion of our right to appeal in court from the ruling against us, and (2) completion of arbitration of all other Disputes. If we win our motion to compel arbitration, your claims for injunctive relief will be decided in arbitration in accordance with the terms of the foregoing arbitration agreement, inclusive of the requirement that the arbitration may award injunctive relief only as is necessary to remedy your own alleged injury or to prevent future injury to you alone.
14. Military Lending Act
The Military Lending Act provides protections for certain members of the Armed Forces and their dependents (“Covered Borrowers”). If you would like more information about whether you are a Covered Borrower and whether this section applies to you, please call us at 1 (855) 289-6014(toll-free).
(a) Statement of Military Annual Percentage Rate (MAPR): Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable to the credit transaction or account: (i) the costs associated with credit insurance premiums; (ii) fees for ancillary products sold in connection with the credit transaction; (iii) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (iv) any participation fee charged (other than certain participation fees for a credit card account).
(b) Oral Disclosures: Before signing this Agreement, in order to hear important disclosures and payment information about this Agreement, please call us at 1 (855) 570-0855 (toll-free).
15. US Patriot Act Notification
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open an account or do business with us, we will ask your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
16. Applicable Law and Jurisdiction
Except as expressly provided in Section 13 above, this Agreement shall be governed by and construed in accordance with federal law and any applicable laws of the State of Utah without regard to rules concerning conflicts of law or choice of law principles.
17. No Warranties; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER WE NOR OUR AGENTS OR ASSIGNS MAKE ANY REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR AGENTS OR ASSIGNS BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NEITHER WE NOR OUR AGENTS OR ASSIGNS MAKE ANY REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, agents, assigns Square Capital, LLC. and Afterpay US, Inc., its subsidiaries, partners, and affiliates, to you for all claims arising out of or related to this Agreement or your use or inability to use your Afterpay account will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount of any affected order(s) giving rise to such damages, or (b) the amount of five hundred U.S. dollars ($500.00). These limitations will apply even if the above stated remedy fails of its essential purpose.
18. Express Written Consent to Receive Auto-Dialed and Pre-Recorded Voice Calls, Short Message Service (“SMS”) Communications & Email Communications and Marketing
a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling or messaging on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS and text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave one or more messages on your answering machine, voice mail, or send one or more messages via text. You also expressly consent to the receipt of electronic communications in connection from us, the Merchant, or any third party, that is engaged by us to collect any amount owed under this Agreement.
b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, this Agreement and/or your account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Agreement and your Afterpay account. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
d) If you wish to withdraw your consent to have communications provided using auto telephone dialing systems, pre-recorded voice calls, or via SMS, you may opt-out of receiving such communications from us at any time by emailing our servicer at [email protected]. Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, Afterpay reserves the right to restrict, deactivate or close your Account and you agree that you may be prevented from using certain features of your Afterpay account.
e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.
19. Miscellaneous
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including all documents incorporated by reference, constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements.
20. Electronic Transactions
THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.
21. State-Specific Disclosures
For California customers:
A married applicant may apply for a separate account.
As required by California law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
For Florida customers:
Florida documentary stamp tax required by law in the amount of $[VARIABLE FIELD] has been paid or will be paid directly to the Department of Revenue. Certificate of Registration No. 78-8018194724-3.
For Georgia customers:
NOTICE TO CONSUMER
1. Do not sign this agreement if it contains any blank spaces.
2. You are entitled to an exact copy of all papers you signed.
3. You have the right at any time to pay in advance the full amount due under this agreement and under certain conditions to obtain a partial refund of the interest charges.
4. If credit life insurance is required, you have the right to purchase either level term life insurance or reducing term life insurance coverage.
5. You are not required to purchase noncredit insurance as a condition of obtaining this loan.
(d) The creditor shall furnish the consumer with an exact copy of the loan contract including any loan voucher, itemized statement of loan charges, and disclosure statement after the agreement has been signed. Please print this agreement if you would like an exact copy.
(e) With respect to every installment loan transaction, the creditor shall, at the time of the transaction, furnish to the consumer a written statement of the maximum number of payments required, the amount of such payments, and the exact due dates upon which each payment is due. The maximum number of payments and the amount and date of such payments need not be separately listed if the payments are stated in terms of a series of scheduled amounts.
Ga. Comp. R. & Regs. 80-14-5-.01
For Illinois customers:
A lender as defined by 815 III. Comp. Stat. 123 shall not contract for or receive charges exceeding a 36% annual percentage rate on the unpaid balance of the amount financed for a loan, as calculated under the Illinois Predatory Loan Prevention Act (PLPA APR). Any loan with a PLPA APR over 36% is null and void, such that no person or entity shall have any right to collect, attempt to collect, receive, or retain any principal, fee, interest, or charges related to the loan. The annual percentage rate disclosed in any loan contract may be lower than the PLPA APR.
For Iowa customers:
IMPORTANT: READ BEFORE SIGNING. The terms of this agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written contract may be legally enforced. You may change the terms of this agreement only by another written agreement.
NOTICE TO CONSUMER
[1] Do not sign this paper before you read it.
[2] You are entitled to a copy of this paper.
[3] You may prepay the unpaid balance at any time without penalty.
For Kansas customers:
This written Agreement is the final expression of the credit agreement between you and us. It may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement between you and us. By executing this written credit agreement, you affirm that no unwritten oral credit agreement exists between you and us.
NOTICE TO CONSUMER
[1] Do not sign this agreement before you read it.
[2] You are entitled to a copy of this agreement.
[3] You may prepay the unpaid balance at any time without penalty.
For Maryland customers:
This loan is made pursuant to the Credit Grantor Closed-end Credit Provisions of Title 12, Subtitle 1 of the Maryland Commercial Law Article (Md. Code Ann., Com. Law § 12-1001 et seq.).
For Nebraska customers:
A credit agreement must be in writing to be enforceable under Nebraska law. To protect you and us from any misunderstandings or disappointments, any contract, promise, undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must be in writing to be effective.
For North Dakota customers:
NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER'S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
For Oklahoma customers:
You should refer to the relevant sections of this Agreement for information about nonpayment, default, the right to accelerate the maturity of this Agreement, prepayment and penalties.
For Oregon customers:
Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as you and we may later agree in writing to modify it.
For South Dakota customers:
If there are any improprieties in the making or servicing of this loan or in any loan practices, please refer to the South Dakota Division of Banking: South Dakota Division of Banking 1714 Lincoln Avenue, Suite 2, Pierre, South Dakota 57501; (605) 773-3421.
For Texas customers:
This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.
For Utah customers:
This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of any alleged oral agreements.
Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as you and we may later agree in writing to modify it.
For Washington customers:
Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as you and we may later agree in writing to modify it.
For Wisconsin customers:
If you are married: (i) You confirm that this Loan is being incurred in the interest of your marriage or family. (ii) No provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin’s Marital Property Act will adversely affect a creditor’s interest unless before the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree. (iii) You understand and agree that we will provide a copy of this Agreement to your spouse for his or her information. If you execute this loan agreement, you will notify us if you have a spouse by sending your name and your spouse’s name and address, to us at our Notice Address pursuant to Section 12, Attention: Wisconsin Resident.
22. Preservation of Claims and Defenses
NOTE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Last updated November 2022
