This Financial Services Agreement (“FS Agreement”), which includes and incorporates by reference the Waiver of Jury Trial and Arbitration Agreement (“Arbitration Agreement”), is entered into by the customer identified below (“Customer,” “your,” and “you”) and LavishLoans Financial, LLC (“LavishLoans,” “we,” “our,” and “us”). Subject to the terms of this FS Agreement, we will provide to Customer check cashing, money order, money transfer, or other financial services (“Financial Services”), in consideration for which Customer will pay LavishLoans all applicable fees and costs related to the Financial Services. For deferred presentment and installment transactions also included in the Financial Services, you will also receive separate disclosures and terms. Under this FS Agreement, Customer acknowledges and agrees to the following:
- Arbitration Agreement. You agree that this FS Agreement and all Financial Services are and will be subject to the Arbitration Agreement as it may be amended from time to time, and that all disputes between us and you will be resolved by binding arbitration, unless you elect to opt-out using the procedures set forth in the Arbitration Agreement. A copy of the Arbitration Agreement is posted on our website at LavishLoans.com. You acknowledge that you have received complete copies of the FS Agreement, including the Arbitration Agreement, and have had the opportunity to read them and consult with your attorney or legal advisor about the meaning of them and your duties and obligations under them.
- Applicable Law. You agree that the Federal Arbitration Act will govern the Arbitration Agreement and Florida law will govern this FS Agreement and any transaction.
- Representations and Warranties; Default. You represent and warrant to us that the bank account for a check or debit authorization you provide is open and will contain sufficient funds to timely pay. You acknowledge that you will be in default if any payment to us is returned unpaid for any reason. If you default, LavishLoans may seek collection pursuant to Section 68.065, Florida Statues, and may impose the maximum service Charge authorized by Section 68.065 and all other costs of collection on each payment returned. If your check is returned, you authorize us to present it and exchange it for a bank check on your behalf. You authorize us to endorse the bank check and receive funds without claim to forgery. If your check is returned you agree that LavishLoans shall be surrogated to your rights under Chapter 674, Florida Statues, including your rights against the bank for wrongful dishonor.
- Optional Consent for Electronic Signatures, Records, and Transactions (“Consent”). To provide Financial Services to you, we require electronic signatures, records, and disclosures. This Consent addresses your rights when you get disclosures and information, use electronic signatures, and otherwise interact with us electronically (“Disclosures”). This Consent applies to all Financial Services and applications, agreements, documents, notices, disclosures and other communications we provide to you in connection with these Financial Services (the “Account Communications”). By signing this FS Agreement, you agree to receive all Account Communications in electronic form including by email, fax, or text message. To access and retain the Account Communications electronically, you will need to use standard software and hardware: A PC or MAC compatible computer or other device with Internet access, email account, and an Internet Browser that supports commercially reasonable encryption. To read certain documents, you may need a PDF file reader like Adobe Acrobat Reader X. To make copies, you will need a printer capable of printing from your browser. We will provide paper copies at no charge to you if you mail a request to our address. We will keep all Disclosures a the law requires. We may request a response or use any other reasonable means which allows you to demonstrate your ability to access Account Communications. You agree to inform us if your email address or cellphone number changes. You may update such information by writing or contacting us at our address. You may terminate Consent by notifying us in a writing sent to our address, at any time and at no charge to you. If you withdraw this Consent, the withdrawal will not affect the legal effectiveness, validity, and enforceability of prior electronic Account Communications.
- Verification; Ways to Contact You. You authorize LavishLoans to verify all information you have provided on this FS Agreement. You acknowledge that you have initialed this FS Agreement on the date below and represent and warrant that all information contained herein is true and correct to the best of your knowledge. If any information contained becomes inaccurate or changes, you agree to advise LavishLoans immediately of such change in writing. You authorize LavishLoans to contact you about the Financial Services contemplated and requested by you under this FS Agreement, including by text messaging, email, and calls to your home, or cellphones.
- Privacy Policy. Federal law requires us to tell you why and how we collect, share, and protect your personal information in a Privacy Policy. LavishLoan’s Privacy Policy is posted on our website at: www.lavishLoans.com/privacy. You acknowledge receipt of the Privacy Policy in connection with your execution of this FS Agreement. If you would like a printed copy of the Privacy Policy sent to you, you may request one by writing to us at our address or calling us.