Agreement 2
Agreement 2
Agreement 2
ANNUAL
PERCENTAGE RATE
The cost of your credit as a
yearly rate.
155.95%
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TRUTH IN LENDING ACT DISCLOSURE STATEMENT
FINANCE
CHARGE
The dollar amount the
credit will cost you.
$ 2,875.42
Amount Financed
The amount of credit
provided to you or on your
behalf.
$ 2,974.19
Total of Payments
The amount you will have
paid after you have made
all payments as scheduled.
$ 5,849.61
Payment Schedule:
Number of Payments Amount of Payments When Payments Are Due
of
25 $ 224.99 Biweekly beginning 07/30/2021
1 $ 224.86 07/15/2022
Prepayment: If you pay in full or in part, you will not have to pay a penalty.
Security Interest: You are giving a security interest in the automatic electronic payment authorization, if elected below.
Late Charge: If all or any part of a payment is more than 10 days late, we will charge a late fee of $5.
Further Information: See the Additional Terms below for any additional information about nonpayment, default, any
required repayment in full before the scheduled date and prepayment.
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a. Principal amount subject to interest $ 2,989.19
c. Amount paid to Meineke Car Care 584 on your behalf (Advance Amount) $ 2,989.19
(a-b)
Interest Rebate: If: (1) this box is checked [ X ], (2) you pay the Principal Amount, including any Processing Fee, by
10/27/2021, and (3) you have made all payments on time, we will waive all interest paid or accrued under this
Agreement. Your only charge will be the Processing Fee, if any.
FLORIDA RESIDENTS: Florida documentary stamp tax required by law in the amount of $ 0.00 has been paid or will be
paid directly to the Florida Department of Revenue.
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This Installment Loan Agreement ("Agreement") governs the terms of your loan from TAB Bank. It includes the Truth in
Lending Act Disclosure Statement on the first page, the Additional Terms below and our Privacy Notice. The Additional
Terms include an Arbitration Provision, which you can reject, and the Automatic Electronic Payment Authorization, if
elected. In this Agreement, the words "Borrower," "you," "your" and "yours" mean the person(s) identified as Borrower on
the first page; the terms "Lender," "we," "us" and "our" mean TAB Bank and any person who obtains TAB Bank's rights
under this Agreement; and the term "Retailer" means Meineke Car Care 584.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. UNLESS YOU PROPERLY REJECT THE
ARBITRATION PROVISION OR ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A
MEMBER, PROTECTED BY THE FEDERAL MILITARY LENDING ACT, IT WILL HAVE A SUBSTANTIAL EFFECT ON
YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH US. FOR EXAMPLE, IF WE ELECT TO REQUIRE YOU TO
ARBITRATE ANY CLAIM, YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE
IN A CLASS ACTION IN COURT OR IN ARBITRATION.
ADDITIONAL TERMS
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ADVANCE TO RETAILER ON YOUR BEHALF: You have identified the Products you want to purchase from Retailer and
we will make you a loan (the “Loan”) for the Advance Amount specified above and any Processing Fee and Florida
Documentary Stamp Tax specified above (together, the “Principal Amount”). The Advance Amount is the cash price
(including sales taxes) of the Products. We will advance the Advance Amount directly to Retailer on your behalf. The
terms and conditions of the Loan are set forth in this Agreement.
PROMISE TO PAY; PAYMENTS; INTEREST. The Advance Amount is the amount we pay to the Retailer under this
Agreement to allow you to purchase the Product. The Principal Amount is the Advance Amount, plus the Florida
Documentary Stamp Tax (if applicable). You promise to pay us the Principal Amount, plus interest on the unpaid Principal
Amount from time to time, by making payments on or before the due dates ("Payment Due Dates") and in the Payment
Amounts set forth in the Payment Schedule. Payments that would otherwise be due on a non-business day will be due on
the next business day.
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Beginning on the date of this Agreement, interest on the unpaid Principal Amount will accrue at a daily rate of 0.43%
(which corresponds to an annual rate of 155.95% in a year with 365 days). We do not charge interest on unpaid interest,
late fees or returned payment fees.
We may apply payments in any manner permitted by applicable law. Generally, we expect to apply payments in the
following order: (1) past due interest; (2) past due Principal Amount; (3) remaining accrued interest; (4) remaining
Principal Amount; (5) late fees, returned payment fees and other charges. We may agree to modify the Payment
Schedule from time to time in the event your income dates change.
LATE FEE; RETURNED PAYMENT FEE. If all or any part of a payment is more than 10 days late, we will charge a Late
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Fee of $5. Additionally, if any check or electronic payment is not honored by your financial institution because of
insufficient or uncollected funds or account closure, or because no such account exists, we will charge you a Returned
Payment Fee of $25.
PREPAYMENT: You may prepay this Loan in whole or in part at any time. If you make a prepayment, you will not
have to pay a penalty, and you will pay less interest than you would otherwise pay. Also, if: (1) the Interest Rebate box on
the first page is checked, (2) you pay the Principal Amount, and (3) you have made all payments on time, we will waive all
interest paid or accrued under this Agreement. Your only charge will be the Processing Fee, if any. The Processing Fee,
if any, is nonrefundable.
If a partial prepayment is less than the amount of the next scheduled payment, you must pay the difference on or before
the corresponding Payment Due Date. While making a payment in excess of the amount due will reduce the interest you
are charged and/or the number or amount of your remaining payments (starting with your last payment and working
backwards), an excess payment made on or before one Payment Due Date generally will not satisfy the payment
obligation associated with the next Payment Due Date. For example, if you make a payment of twice the amount due on
your first Payment Due Date, you will still need to make your second payment in the amount scheduled on your second
Payment Due Date. If the second and all subsequent payments are made as scheduled, you will not need to make your
final payment and the next-to-last payment will be reduced although your final payment(s) may be reduced or eliminated.
RETURNS: If you return some or all of the Products, you understand that you may not receive a refund from the Retailer
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and you authorize the Retailer to issue any associated refund directly to us on your behalf. Any amounts received by us
pursuant to this section will be applied as of the date the funds are issued to us, unless you and we agree otherwise. In
the event a refund is issued to us, you agree that it will be applied to the then outstanding Principal Amount and will
generally not change the amount of any upcoming payments, although it may reduce or eliminate payments due at or
immediately before the Maturity Date. You also agree that you will generally not receive a rebate of any interest that may
have already accrued on an amount that later gets refunded. All returns are otherwise subject to merchant's standard
return policies. In the event that a refund is issued directly to you by the Retailer, you agree to immediately pay the
amount of such refund to us.
NOTICES: Any written notices to us under this Agreement should be sent to the address set forth on the first page of this
Agreement or, upon written notice to you, to any address that is later designated in such notice (the "Notice Address").
Any telephone calls to us should be made to the telephone number set forth on the first page of this Agreement, or upon
written notice to you, to any telephone number that is later designated in such notice (the "Notice Telephone Number").
Our formal notices to you will be sent to the street address or email address set forth on the first page of this Agreement
or, upon written notice to us, to any address that is later designated in such notice.
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PAYMENT ELECTION:
Election for Scheduled Payments and Fees. In your loan application (the "Application"), you chose to make payments in
accordance with the method indicated below. To change your election in the future, call us at the Notice Telephone
Number or write us at the Notice Address.
[ ] Payments by Mail or Phone - You will make payments by sending a check or money order to our address on the
front of this Agreement or such other address we subsequently designate by notice to you (the "Payment Address") or by
calling the phone number on the front of this Agreement or such other phone number we subsequently designate by
notice to you.
[ X ] Automatic Electronic Payment Authorization - On or after each Payment Due Date, as amended, you authorize
us and our agents and service providers to initiate an electronic debit of the Payment Amount (or such modified amount
of
as we may later agree to) to either your deposit account ending in 9046 or any subsequent deposit account you provide
to us (your "Deposit Account") or your payment card ending in N/A or any payment card you subsequently provide to us
(your "Card. You further authorize us to seek payment for any Late Fee, Dishonored Payment Fee or other fee on or after
the date it is assessed via the same payment method then in effect for your scheduled payments. If any debit is returned
unpaid, you authorize us to reinitiate such payment up to two additional times or additional number of times permitted by
applicable network rules. However, you agree that we are under no obligation to reinitiate any rejected debits.
Error Correction; Modified Payments. If we make an error in initiating any payment, you authorize us to correct the error
by crediting or debiting your Deposit Account or Card in the amount of the error on or after the date any such error occurs.
Instead of or in addition to any payments described above, you authorize us to seek payment from the Deposit Account
and/or Card for any amount and on any date that you subsequently confirm by phone, text message or email.
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Authorization to Vary Amounts of Payments. You have the right to receive advance written notice if any payment we seek
will vary from the amount authorized above. To exercise this right, please send a written request to the Notice Address.
Unless you exercise the right to receive advance written notice of a varying amount, you authorize us to vary the amount
of any scheduled payment so long as such payment is less than or no greater than 110% of the scheduled amount.
Authorization for Accelerated Balance. If you default and we declare your entire outstanding balance immediately due and
payable, you authorize us to seek payment of the entire accelerated balance (or any portion thereof) via the same
payment method then in effect for scheduled payments.
Bank Imposed Fees. If any payment authorized above is dishonored or returned unpaid, you understand that your
financial institution may charge you a fee, in addition to any Returned Payment Fee you may owe us. You agree that we
will have no liability regarding any such fee. IF YOU DO NOT HAVE SUFFICIENT FUNDS TO COVER AN AUTHORIZED
PAYMENT, PLEASE CALL US AS SOON AS POSSIBLE AT THE NOTICE TELEPHONE NUMBER SO THAT WE CAN
TRY TO MAKE ALTERNATIVE ARRANGEMENTS WITH RESPECT TO THAT PAYMENT.
Revoking this Authorization. YOU MAY REVOKE ANY AUTHORIZATION BY CALLING US AT THE NOTICE
TELEPHONE NUMBER OR BY WRITING US AT THE NOTICE ADDRESS IN SUCH TIME AND MANNER AS TO
AFFORD US A REASONABLE OPPORTUNITY (TYPICALLY THREE BUSINESS DAYS) TO ACT ON YOUR
REQUEST. We may terminate your Authorization at any time for any reason, including excessive returned payments. If
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Document ID: ac9d8ebf-f7a4-4cde-8f66-09ba96cd77d6
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you revoke any Authorization or it is otherwise terminated, you will still be responsible for making any remaining payments
that come due. To arrange for another method of payment, please call us at the Notice Telephone Number.
Miscellaneous. You certify that you are an authorized signer on the Deposit Account and/or an authorized user of the
Card. If you inadvertently transpose a digit or make a similar error in providing us with information about a payment
method, you authorize us to correct the error. Each charge to a Card will be processed in U.S. dollars, and, if a charge is
converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.
DELAY IN ENFORCEMENT: We can waive or delay enforcing any of our rights without losing them. We can waive or
delay enforcing a right as to one or more of you, without waiving it as to another. Also, we can release one of you from
responsibilities under this Agreement without releasing another.
ASSIGNMENT: We may transfer or assign this Agreement and/or any or all of our rights or obligations under this
Agreement at any time without your consent. No such transfer or assignment shall result in any changes to your rights
and obligations under this Agreement. You may not transfer or assign your obligations under this Agreement without our
consent.
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GOVERNING LAW; ENFORCEABILITY: This Agreement (other than the Arbitration Provision) and all related disputes
are governed by the laws of the United States and the State of Utah. Except as provided in the Arbitration Provision, if
any provision of this Agreement is determined to be void or unenforceable under any applicable law, rule or regulation, all
other provisions of this Agreement will remain valid and enforceable. Our failure to exercise any of our rights under this
Agreement will not be deemed to waive our rights to exercise such rights in the future. This Agreement is a final
expression of the agreement between you and us and it may not be contradicted by evidence of any alleged oral
agreement. The terms of this Agreement may not be changed except in a writing signed by you and us. No change shall
release any party from liability unless otherwise expressly stated in writing. All of our rights are cumulative.
MILITARY LENDING ACT: The Military Lending Act provides protections for certain members of the Armed Forces and
their dependents ("Covered Borrowers"). The provisions of this section apply to Covered Borrowers. If you would like
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more information about whether you are a Covered Borrower and whether this section applies to you, please contact us at
(877) 273-2066.
Statement of 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 dependent may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable to the
credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold
in connection with the credit transaction; (3) any application fee charged (other than certain application fees for specified
credit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit
card account).
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Oral Disclosures: Before signing this Agreement, in order to hear important disclosures and payment information about
this Agreement, please call (877) 273-2066.
Inapplicability of Arbitration Provision and Jury Trial Waiver: The Arbitration Provision and Jury Trial Waiver set forth
below do not apply to Covered Borrowers.
DEFAULT; ENTIRE BALANCE DUE: Subject to applicable law, you will be in default under this Agreement if: (1) you do
not make any payment in full within 10 days after the corresponding Payment Due Date (or any longer grace period
required by law); (2) any representation or warranty made by you in this Agreement or any statement made by you in your
Application proves to have been false or misleading in any material respect when made; or (3) you die or become
bankrupt or insolvent. However, we will give you any notice and right to cure required by law. Upon default and after the
expiration of any required cure period, we may declare the entire outstanding balance to be immediately due and payable,
exercise any right provided by applicable law and, if the Loan is referred for collection to an attorney who is not a salaried
employee of ours, charge you reasonable attorneys' fees permitted by applicable law.
NO CLASS ACTIONS: YOU AGREE AND ACKNOWLEDGE THAT PURSUANT TO UTAH CODE ANN. § 70C-3-104
YOU ARE WAIVING YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS LOAN
AGREEMENT. THIS CLASS ACTION WAIVER DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS
AGREEMENT, YOU ARE A COVERED BORROWER PROTECTED BY THE MILITARY LENDING ACT.
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JURY TRIAL WAIVER: TO THE EXTENT PERMITTED BY LAW, YOU AND WE 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 MODIFY THE ARBITRATION PROVISION, IF APPLICABLE. THIS JURY TRIAL
WAIVER DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED
BORROWER PROTECTED BY THE MILITARY LENDING ACT.
TELEPHONE RECORDING: You understand and agree that we may monitor and/or record any of your phone
conversations with any of our representatives for training, quality control, evidentiary and any other purposes. However,
we are not under any obligation to monitor, record, retain or reproduce such recordings, unless required by applicable law.
BANKRUPTCY: Any communication with us required or permitted under the Federal Bankruptcy Code must be in writing,
must include your name and the date of this Agreement and must be sent to us at the Notice Address, Attn: Bankruptcy.
You promise that you are not in bankruptcy, have no current intent to file in bankruptcy and have not consulted an
attorney regarding a possible bankruptcy filing within the past six (6) months.
CREDIT REPORTING; IDENTITY THEFT: We may report information about your Loan and this Agreement to other
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creditors, other financial institutions and credit bureaus. Late payments, missed payments or other defaults on your
Loan may be reflected in your credit report. If you believe that we have furnished any inaccurate information about
your performance under this Agreement to a consumer reporting agency, or if you believe that you have been the victim of
identity theft in connection with your Loan, write to us at the Notice Address, Attn: Credit Report. In your letter: (1) provide
your name and the date of this Agreement; (2) identify the specific information that is being disputed; (3) explain the basis
for the dispute; and (4) provide any documentation you have in support of your dispute. If you believe that you have been
the victim of identity theft, submit an identity theft affidavit or identity theft report.
TRUTHFULNESS OF INFORMATION; INFORMATION SHARING: You represent that every statement made to us in
seeking credit is true, complete, and correct and that you have reached the age of majority in your state of residence.
CALLS AND MESSAGES: We may use automated telephone dialing, text messaging systems and electronic mail to
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provide messages to you or contact you about scheduled payments, missed payments and other important information
regarding this Agreement or your relationship with us. Telephone messages may be played by a machine automatically
when the telephone is answered, whether answered by you, someone else or a voice mail or answering machine. You
authorize us to call or send a text message to any telephone number you have given us or you give to us in the future and
to play pre-recorded messages or send text messages with information about the Agreement over the phone. You also
give us permission to communicate such information to you by e-mail. You understand that, when you receive such calls,
texts or e-mails, you may incur a charge from the company that provides you with telecommunications, wireless and/or
internet services. You agree that we will not be liable to you for any fees, inconvenience, annoyance or loss of privacy in
connection with such calls or e-mails. You understand that anyone with access to your telephone, answering machine or
email account may listen to or read the messages, notwithstanding our efforts to communicate only with you. This
authorization is part of our bargain concerning the Loan and we do not intend it to be revocable. However, to the extent
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we are required by applicable law to allow you to revoke your consent to these automatic reminders, you may do so by
contacting us at the Notice Address or Notice Telephone Number.
DISPUTED BALANCES: We may deposit any payment that you send us for less than the total outstanding balance that
is marked "payment in full," marked with any similar language, or that you otherwise tender as full satisfaction of a
disputed amount without such deposit effecting a satisfaction of the disputed amount.
INADVERTENT EXCESSIVE CHARGES OR COLLECTION OF PAYMENTS: If a law which applies to this Agreement
and which sets maximum charges is finally interpreted so that any fees collected or to be collected in connection with this
Agreement exceed the permitted limits, then: (1) any such fees will automatically be reduced to the maximum permitted
limit, retroactively effective as of the date of this Agreement, and as though this Agreement originally provided for the
reduced fees; and (2) any sums already collected from you which exceeded permitted limits will be credited or refunded to
you. Also, if we inadvertently collect more payments than permitted by this Agreement, we will credit or refund to you any
such excess payments.
ARBITRATION PROVISION:
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We have put this Provision in question and answer form to make it easier to understand. However, this Provision is part of
this Agreement and is legally binding.
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Provision?
out will not affect the other provisions of this Agreement. If you opt out, it will apply
only to that agreement.
The parties'
What is this Unless prohibited by applicable law and unless you opt out, you and we agree that
agreement
Provision you or we may elect to arbitrate individually or require individual arbitration of any
to arbitrate
about? "Dispute" as defined below.
Disputes
This Provision governs you and us, your heirs and our agents (including Snap
Finance, LLC, which services the Loan). It also covers certain "Related Parties": (1)
You, us and
Who does the Retailer; (2) any purchaser of your Loan or a participation interest in your Loan;
certain
Provision (3) the parents, subsidiaries and affiliates of ours or any other Related Party; (4) the
"Related
cover? employees, directors, officers, shareholders, members and representatives of ours or
Parties"
of
any Related Party; and (5) any person or company that is involved in a Claim you
pursue at the same time you pursue a related Claim with us.
This Provision governs all "Disputes" that would usually be decided in court and are
between us (or any Related Party) and you. In this Provision, the word "Disputes" has
the broadest reasonable meaning. It includes all claims even indirectly related to your
Loan or this Agreement (including without limitation your application, your account,
past agreements, information you previously gave us, extensions, renewals,
refinancings, payment plans, collections. privacy and customer information) or the
All Disputes relationships between you and us and/or "Related Parties" resulting therefrom.
What Disputes (except "Disputes" includes, but is not limited to, initial claims, counterclaims, cross-claims
does the certain and third-party claims, and claims based on any constitution, statute, regulation,
Provision Disputes ordinance, common law rule (including rules relating to contracts, torts, negligence,
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cover? about this fraud or other intentional wrongs) and equity. It includes claims that seek relief of any
Provision) type, including damages and/or injunctive, declaratory or other equitable relief. It
includes claims related to the validity in general of this Agreement. However, it does
not include disputes about the validity, coverage or scope of this Provision or any part
of this Provision. (This includes a Dispute about the rules against class arbitration and
against an Arbitrator issuing relief to anyone except you, us and Related Parties.) All
such disputes are for a court and not an Arbitrator to decide. But a Dispute about this
Agreement as a whole is for an Arbitrator, not a court, to decide.
Arbitrations are conducted under this Provision and the rules of the arbitration
administrator in effect when the arbitration is started. The arbitration administrator will
be either:
The American Arbitration Association ("AAA"), 120 Broadway, 21st Floor, New
York, NY 10271, www.adr.org.
Who handles Usually AAA JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com
the arbitration? or JAMS Any other company picked by agreement of the parties.
If all the above options are unavailable, a court with jurisdiction will pick the
administrator. No arbitration may be administered without our consent by any
administrator that would permit a class arbitration under this Provision. The Arbitrator
will be selected under the administrator's rules. However, the Arbitrator must be a
lawyer with at least ten years of experience or a retired judge unless you and we
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otherwise agree.
Either party may bring a lawsuit if the other party does not demand arbitration. We will
not demand arbitration of any lawsuit you bring as an individual action in small-claims
court or an equivalent court, so long as the Dispute is pending only in that court. Both
parties may use lawful self-help remedies. This includes set-off or repossession and
sale of any collateral. Both parties may seek remedies which don't claim money
Can Disputes damages. This includes pre-judgment seizure, injunctions, or equitable relief. Even if
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be litigated? all parties have opted to litigate a Dispute in court, you or we may elect arbitration with
respect to any Dispute made by a new party or any Dispute later asserted by a party
in that or any related or unrelated lawsuit (including a Dispute initially asserted on an
individual basis but modified to be asserted on a class, representative or multi-party
basis). Nothing in that litigation shall constitute a waiver of any rights under this
Provision.
For Dispute that are arbitrated under this Provision, you and we give up our
rights to:
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1.Have juries decide Disputes.
2.Have courts, other than small-claims courts, decide Disputes.
3.Serve as a private attorney general or in a representative capacity in court
or in arbitration.
Are you and we 4.Join a Dispute that you, we or Related Parties have with a dispute that
giving up any Yes others have.
rights? 5.Bring or be a class member in a class action in court or in a class
arbitration.
The arbitrator shall have no authority to conduct any arbitration
inconsistent with this section or to issue any relief that applies to any
person or entity except you or us or Related Parties individually.
Can you or
another
consumer start
a class
arbitration?
No
of
The Arbitrator is not allowed to handle any Dispute on a class or representative
basis. All Disputes subject to this Provision must be decided in an individual
arbitration or an individual small-claims action. You may not pursue any type of
collective action or class action against us in arbitration.
This Agreement and the Loan involve interstate commerce. Thus, the FAA governs
this Provision. The Arbitrator must apply substantive law consistent with the FAA. The
Arbitrator must honor statutes of limitation and privilege rights. The Arbitrator is
The Federal authorized to award all remedies permitted by applicable substantive law, including,
What law
Arbitration without limitation, compensatory, statutory and punitive damages (subject to
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applies?
Act ("FAA") constitutional limits that would apply in court), declaratory, injunctive and other
equitable relief, and attorneys' fees and costs. In the event of any conflict or
inconsistency between this Provision and the administrator's rules or the Agreement,
this Provision will govern.
The Provision stays effective unless the parties sign an agreement stating it doesn't or
Will this Clause Yes, unless you timely opt out by the process described below. The Clause governs if you rescind
continue to otherwise the transaction. It governs if you default, renew, prepay, or pay. It governs if your
govern? agreed. contract is discharged through bankruptcy. The Provision remains effective, despite a
transaction's termination, amendment, expiration, or performance.
Process.
We can try to resolve Disputes if you call us at 800-606-8200. If this doesn't resolve
Send a the Dispute, before starting a lawsuit or arbitration, the complaining party must give
What must a written the other party written notice of the Dispute. The notice must explain in reasonable
party do before Dispute detail the nature of the Dispute and any supporting facts. If you are the complaining
starting a notice and party, you must send the notice in writing (and not electronically) to P.O. Box 26561
lawsuit or work to Salt Lake City, UT 84126. You or an attorney you have personally hired must sign the
arbitration? resolve the notice and must provide the account number and a phone number where you (or your
Dispute attorney) can be reached. A letter from us to you will serve as our written notice of a
Dispute. Once a Dispute notice is sent, the complaining party must give the other
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party a reasonable opportunity over the next 30 days to resolve the Dispute on an
individual basis.
If the parties do not reach an agreement to resolve the Dispute within 30 days after
notice of the Dispute is received, the complaining party may commence a lawsuit or
an arbitration, subject to the terms of this Provision. To start an arbitration, the
How does an
Mailing a complaining party picks the administrator and follows the administrator's rules. If one
arbitration
notice party begins or threatens a lawsuit, the other party can demand arbitration. This
start?
demand can be made in court papers, such as a motion to compel arbitration. Once
an arbitration demand is made, no lawsuit can be brought and any existing lawsuit
must stop unless a court rules otherwise.
The Arbitrator may decide that an in-person hearing is unnecessary and that he or
Will any
she can resolve a Dispute based on written filings and/or a conference call. However,
hearing be held Yes
any in-person arbitration hearing shall take place either in New York, N.Y. or in your
nearby?
county and state of residence.
Appeal rights under the FAA are very limited. The Arbitrator's award will be final and
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binding. Any appropriate court may enter judgment upon the Arbitrator's award. No
What about arbitration award involving the parties will have any preclusive effect as to issues or
Very limited
appeals? claims in any dispute involving anyone who is not a party to the arbitration, nor will an
arbitration award in prior disputes involving other parties have preclusive effect in an
arbitration between the parties to this Provision.
Arbitration Fees and Awards.
We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith,
Who bears
Usually, we cannot get a waiver of such fees and ask us to pay. We will always pay amounts
arbitration
do. required under applicable law or the administrator's rules or if payment is required to
fees?
enforce this Provision.
If you win an arbitration, we will pay the reasonable fees and costs for your attorneys,
of
When will we experts and witnesses. We will also pay these amounts if required under applicable
cover your legal If you win law or the administrator's rules or if payment is required to enforce this Provision. The
fees and costs? Arbitrator shall not limit his or her award of these amounts because your Dispute is for
a small amount.
Will you ever The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds
owe us for Only for bad that you have acted in bad faith (as measured by the standards set forth in Federal
arbitration or faith Rule of Civil Procedure 11(b)); and (2) this power does not make this Provision
attorneys' fees? invalid.
Can an award A party may request details from the Arbitrator within 14 days of the ruling. The
Yes
be explained? Arbitrator will determine whether to grant such request.
If any portion of this Provision cannot be enforced, the rest of the Provision will
continue to apply, except that (A) this Provision (except for this sentence) will be void
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if a court rules that the Arbitrator can decide a Dispute on a class basis and the
court's ruling is not reversed on appeal, and (B) if a claim is brought seeking public
What happens
injunctive relief and a court determines that the restrictions in this Provision prohibiting
if a part of this
the arbitrator from awarding relief on behalf of third parties are unenforceable with
Provision It depends
respect to such claim (and that determination becomes final after all appeals have
cannot be
been exhausted), the claim for public injunctive relief will be determined in court and
enforced?
any individual claims seeking monetary relief will be arbitrated. In such a case the
parties will request that the court stay the claim for public injunctive relief until the
arbitration award pertaining to individual relief has been entered in court. In no event
will a claim for public injunctive relief be arbitrated.
All Borrowers:
NOTICE: 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.
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This Loan may have a higher APR (or other terms less favorable) than other financial products available from or through
Retailer.
All Borrowers, including California/New York/Rhode Island/Utah/Vermont Residents: You give us and our agents,
successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit,
and on an ongoing basis, for the purpose of reviewing this Agreement, taking collection action on this Agreement, or for
any other legitimate purposes associated with this Agreement. Upon your request, you will be informed of whether or not
a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting
agency that furnished the report. As required by 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.
All Borrowers, Including Iowa, Maine, Missouri, Nebraska, Oregon, Texas, Utah and Washington Residents: 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 we may later agree in writing to modify.
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All Borrowers, including Iowa and Kansas Residents:
NOTICE TO CONSUMER:
1. Do not sign this Contract before you read it.
2. You are entitled to a copy of this Contract.
3. You may prepay the unpaid balance at any time without penalty.
Maryland Residents: To the extent, if any, that Maryland law applies to this Agreement, we elect the Credit Grantor
of
Closed-End Credit Provisions in Title 12, Subtitle 10 of the Commercial Law Code as the applicable Maryland law.
Massachusetts Residents: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
New Hampshire Residents: (1) You or your attorney may file a complaint with the New Hampshire Commissioner of
Banking, State of New Hampshire Banking Department, 53 Regional Drive, Suite 200, Concord NH 03301. Instructions for
filing complaints can be found on the Commissioner's website at http://www.nh.gov/banking/consumer-
assistance/complaint.htm. (2) You shall be awarded reasonable attorney's fees if you prevail in any legal action you bring
against us or we bring against you. If you successfully assert a partial defense, set-off or counterclaim against us in an
action we bring against you, the court or arbitrator may withhold from us the entire amount or such portion of the
attorney's fees as it considers equitable.
Original
New Jersey Residents: (1) The section headings of this Agreement are a table of contents and not contract terms. (2) You
agree to pay our reasonable attorney's fees, up to 20% of outstanding principal and interest, paid in the collection of this
Agreement to an attorney who is not our employee. (3) No provision of this Agreement is void, unenforceable or
inapplicable by virtue of language to the effect that such provision only applies to the extent permitted (or not prohibited)
by applicable law. Such language does not apply to New Jersey residents.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all
creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon
request. The Ohio Civil Rights Commission administers compliance with this law.
Wisconsin Residents" If you are married: (1) You confirm that the Loan is being incurred in the interest of your marriage or
family. (2) 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 prior to 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. (3) You
understand and agree that we will provide a copy of this Agreement to your spouse for his or her information upon your
furnishing us with his or her contact information.
MARRIED WISCONSIN RESIDENTS MUST FURNISH THEIR NAME AND THEIR SPOUSE'S NAME AND ADDRESS
TO TAB BANK, 4185 HARRISON BLVD., STE 200, OGDEN, UT 84403.
9
Document ID: ac9d8ebf-f7a4-4cde-8f66-09ba96cd77d6
This is a copy of an original document held Certified Print® copy of the document held by Snap RTO,, LLC with BMO Harris Bank N.A. as administrative agent.
Copy created on Jul. 20, 2021 03:30:48 PM MDT; Document Identifier: T:1132137943-D:1132137946.
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of
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Document ID: ac9d8ebf-f7a4-4cde-8f66-09ba96cd77d6
This is a copy of an original document held Certified Print® copy of the document held by Snap RTO,, LLC with BMO Harris Bank N.A. as administrative agent.
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YOU AND WE AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING: (A) THE TRUTH IN LENDING ACT
DISCLOSURE STATEMENT AND OTHER DISCLOSURES ON THE FIRST PAGE; (B) THE PAYMENT
AUTHORIZATIONS; AND (C) THE ARBITRATION PROVISION. YOU UNDERSTAND THAT YOU MAY REJECT THE
ARBITRATION PROVISION WITHOUT ANY EFFECT ON THE OTHER TERMS OF THIS AGREEMENT.
YOU CERTIFY THAT YOU HAVE RECEIVED A COMPLETED COPY OF THIS ENTIRE AGREEMENT.
By:
BORROWER(S)
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Digitally signed by Sowers, Ramona
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Date-time accepted: 2021-07-20T21:30:27
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Document ID: ac9d8ebf-f7a4-4cde-8f66-09ba96cd77d6
This is a copy of an original document held Certified Print® copy of the document held by Snap RTO,, LLC with BMO Harris Bank N.A. as administrative agent.
Copy created on Jul. 20, 2021 03:30:48 PM MDT; Document Identifier: T:1132137943-D:1132137946.