This advertisement is an invitation to send us a
deferred presentment application, not an offer to
provide you a deferred presentment. We are a Nevada
based company. If you send a deferred presentment
application to us, we will receive and process it
in the State of Nevada the same as if you submitted
it to us in person at our office. We only make deferred
presentments at our office in the State of Nevada.
If we approve your application, the funds will be
disbursed from our account in the State of Nevada.
Our deferred presentments are governed by laws of
the State of Nevada. The laws of the State of Nevada
governing consumer deferred presentment agreements
may differ from the laws of the state where you reside.
If you do not want to enter into a deferred presentment
agreement subject to the laws of the State of Nevada,
you should apply for a deferred presentment at a provider
located in the state where you live. This service
does not constitute an offer or solicitation for short-term
loan. The states this site services may change from
time to time without notice. All aspects and transactions
on this site will be deemed to have taken place in
our office in the State of Nevada, regardless of where
you may be viewing or accessing this site.
To view the Annual Percentage Rate
click here.
WARNING
A cash advance is intended
as a short-term cash flow tool. It is not designed
as a solution for longer-term financial problems.
Terms and Conditions
In this Deferred Presentment Agreement ("Agreement"),
the words "you or your" mean the customer
identified on front of agreement. The words "Us",
"We", and "Our" mean CashBack
Payday Loans Inc.
1. Acceptance
As set forth herein, you accept the terms and conditions
as outlined in this Agreement by authorizing us to
ACH your account in the State of Nevada. 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.cashbackpayday.com and
verbally from one of our operators prior to the completion
of the transaction.
2. Jurisdiction
This transaction shall be
governed in accordance with the laws of the State
of Nevada without regard to its conflicts of law principles,
regardless of the order in which the parties agree.
The Agreement shall be deemed executed at our place
of business in Nevada as designated herein. Your acceptance
of our service after the period of expiration of the
options in paragraph 5 confirms your prior acceptance
of this Agreement and to jurisdiction located within
the State of Nevada. Further, if any provision(s)
of the Arbitration Clause is/are found invalid, you
agree that all actions or proceedings arising directly
or indirectly, from this Agreement shall be litigated
in such courts and consent that valid service of process
may be made by certified or registered mail, to you
at your address set forth herein or as may otherwise
be designated hereafter by you in writing, and service
so made shall be complete two days after delivery
as aforesaid. You and we agree that each party in
any such action is to bear its own attorneys fees,
costs and expenses of such litigation regardless of
whether such fees and costs are provided for under
any applicable law or statute. The codes, statutes
and laws of the State of Nevada govern this entire
transaction.
3. Venue
Acceptance of this Agreement by us is deemed to have
taken place in the State of Nevada. The parties agree
to have any conflict about this Agreement between
the parties resolved in the State of Nevada as outlined
herein.
4. 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 in accordance with laws of
the State of Nevada.
5. Cancellation
You have the right within three (3) business days
of receiving this Agreement and receipt of any funds,
to return the funds to us if you do not accept the
terms as outlined in this Agreement by one of the
following methods:
A. Mail
Return the funds by U.S. Certified Mail Overnight,
Return Receipt Requested, postage prepaid. You must
mail to us a request in writing stating your wish
to cancel the check cashing transaction a with a certified
or cashiers check in the total amount of the funds
received from the us, less any mailing charges. Any
deviation hereof shall be deemed an invalid cancellation.
B. Facsimile
Return the funds by faxing a request within forty-eight
hours of receipt of the Agreement and any funds. Fax
a written request to rescind the check cashing and
request for the funds to be electronically withdrawn
from your account. You must also mail via U.S. Certified
Mail Overnight, postage prepaid a copy of the faxed
request. Any deviation hereof shall be deemed an invalid
cancellation.
7. 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 CashBack
Payday Loans Inc. 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.
8. 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.
9. 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. Rules and form of the NAF may be obtained
and all claims shall be filed at any NAF office or
at P.O. Box 50131, Minneapolis, MN 55405. Any arbitration
hearing, if one is held, will take place at a location
near your residence. Your arbitration fees will be
waived by the NAF in the event you cannot afford to
pay them.
10. 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 CashBack Payday
Loans Inc. consent to obtain information on you from
a consumer reporting agency or other various means
available. You understand CashBack Payday Loans Inc.
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.
11. 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.
12. Definitions
All terms used herein are to be defined in accordance
with codes, statutes and laws of the State of Nevada.
For questions or complaints, call the Las Vegas Department
of Financial Institutions at (702) 486-4120 or visit
them at their website at
http://fid.state.nv.us.
1-866-643-2274 (it's toll
free)