This disclosure includes Fiat Financial Money Center’s ‘Terms of Service’, our Licensing in the state of Illinois by the Illinois Department of Financial and Professional Regulations, along with our compliance to the ‘Truth and Lending Act’.
NOTICE TO ALL POTENTIAL BORROWERS:
This website is designed as an advertisement only, and is only an invitation to apply for a loan product offered by Fiat Financial Money Center. Fiat Financial Money Center is based out of Illinois and follows all applicable Illinois state laws. This loan will be processed, funded, and collected in the state of Illinois in the same fashion as if you were at any one of our offices in the state of Illinois. This website does not constitute an offer or solicitation for a loan. All transactions and applications will be assumed to have taken place in our office in Illinois up to and including disbursement of funds.
TERMS AND CONDITIONS
In this Consumer Installment Loan the words “you or your” means the customer who is identified on the front of the Consumer Loan agreement. The words “Us, We, and Our” mean Fiat Financial Money Center.
As set forth herein, by accepting the terms of this Agreement you are agreeing to all terms of the contract and any terms set forth on the website at the time you agreed and signed the contract. The terms of this contract are fully outlined in the contract with any additional terms being stated on the website www.fiatfinancial.com.
Illinois loans are governed by Illinois state law, and the transaction itself will be conducted as if it was within one of our Illinois office locations.
Consent of this agreement is considered to have taken place in the State of Illinois. Both parties agree to have any issues with this agreement resolved in the state of Illinois.
4. Class Action
You agree, to the extent permitted by Illinois State Law, that You will not participate, bring, or join in any class action claim, dispute, or controversy you may have against Fiat Financial Money Center. Furthermore, you agree to remove yourself as a participant to this claim or suit. This agreement does not waive any of your individual rights to pursue a claim individually.
5. Confirmation of Documents
You agree that any forms you submit such as records, photocopies, electronic forms, and facsimile copies you send to us are valid and the same as the original. Furthermore, you agree that by typing your name as your electronic signature, or any other matter of agreement as outlined constitutes an acceptance of all terms and conditions of the agreement which will be considered valid and binding with regards to all parties of this agreement.
6. ACH Authorization
By signing the contract you are allowing us to Ach funds into your checking account you have provided and to withdraw any funds that are considered to be due and any funds that may be considered in default in accordance with the terms of the agreement and applicable Illinois state laws. For the case of this contract an ACH may be construed as any form of electronic presentment of funds.
An ACH (automated clearing house) will be used to credit funds and debit funds to and from the bank account provided by you the client.
Any client who is unable or unwilling to give an ACH authorization will have to visit one of our offices to discuss other arrangments.
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION: Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
1. For purposes of this Waiver of Jury Trial and Arbitration Provision (hereinafter the "Arbitration Provision”), the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to this Loan Agreement (including this Arbitration Provision), the information you gave us before entering into this Loan Agreement, including the Customer Information Sheet, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts;
(e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, Including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and or any of our employees, agents, partners or affiliated entities (hereinafter collectively referred to as "Related Third Parties"), including claims for money damages and or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and or Related Third Parties (hereinafter referred to as "Representative Claims"); and or (j)all claims arising from or relating directly or indirectly to the disclosure by us or Related Third Parties of any non-public personal information about you.
2. You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES:
(b) YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
(c) YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
3. Except as provided in Paragraph 6. below, all disputes including any Representative Claims against us and or Related Third Parties shall be resolved by binding arbitration on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
4. Any party to a dispute, including Related Third Parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, Even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association 1-800-7...) http:llwww.adr.org or Nation Arbitration Forum (1-800-474-2371) http://www.arb-forurn.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association and arbitrate pursuant to such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If Related Third Parties or we demand arbitration, you must notify us within twenty (20)days in writing by certified mail return receipt requested of your decision to select an arbitration organization or your desire to select a local arbitrator. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extant those rules and procedures do not contradict the express terms of this Loan Agreement or the Arbitration Provision, including the limitations on the arbitrator set forth below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above.
5. Regardless of who demands arbitration, we will advance your portion of the expenses associated with the arbitration, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys' fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in Kane County, Illinois. The arbitrator may decide, with or without hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may award statutory damages and or reasonable attorneys' fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction.
6. All parties, including Related Third Parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal's jurisdiction. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration.
7. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of Illinois.
8. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and Related Third Parties. The Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.
We herby reserve all rights and power to assign and of our interests in the Agreement to any successor, assignor or purchaser for value without notice of your consent.
All terms used herein are to be defined in accordance with codes, statutes and laws of the State of Illinois.
If you have any questions please feel free to contact any Fiat Financial Money Center representative at 877-408-2254.
Any questions or comments, call the Illinois Department of Financial Institutions & Professional Regulations at (312) 814-5153 or(312) 814-2000.