Terms and Conditions
In your Loan Agreement the words "you or your" mean the customer identified on front of agreement. The words "Us", "We", and "Our" mean Jewelry Bankers.
1. Acceptance
As set forth herein, you accept the terms and conditions as outlined in this Agreement by authorizing us to make you a loan under the State of Florida Small Loan Act of 1955. This Agreement is confirmation of our agreement including the terms, which were available to through our designated servicer, and on our website located at www.jewelrybankers.com, and verbally from one of our servicer’s representatives prior to the completion of the transaction.
2. Jurisdiction
This transaction shall be governed in accordance with the laws of the State of Florida 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 location in Florida 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 Florida. 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.The codes, statutes and laws of the State of Florida govern this entire transaction.
3. Venue
Acceptance of this Agreement by us is deemed to have taken place in the State of Florida. The parties agree to have any conflict about this Agreement between the parties resolved in the State of Florida 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 Florida.
5. Cancellation
You have the right within 24 (twenty-four) hours of receiving this Agreement and receipt of any funds or goods, to return the funds and/or goods to us if you do not accept the terms as outlined in this Agreement by one of the following method:
- A. Facsimile Return the funds by faxing a request within twenty-four hours of receipt of the Agreement and any funds or services. Fax a written request to rescind the loan and request for the funds to be electronically withdrawn from your account.
6. Class Action
AGREEMENT NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, by signing below you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or remove you as a participant in the suit. You agree to pay the costs we incur, including our court costs and attorneys' fees, in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring, join or participate in class action suits is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which you are applying.
7. 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.
8. Arbitration
AGREEMENT TO ARBITRATE ALL DISPUTES: By signing below and to induce us, Jewelry Bankers, to process your application for a loan, you and we agree that any and all claims, disputes or controversies that we or our servicers or agents have against you or that you have against us, our servicers, agents, directors, officers and employees, that arise out of your application for one or more loans, the Loan Agreements that govern your repayment obligations, the loan for which you are applying or any other loan we previously made or later make to you, this Agreement To Arbitrate All Disputes, collection of the loan or loans, or alleging fraud or misrepresentation, whether under the common law or pursuant to federal or state statute or regulation, or otherwise, including disputes as to the matters subject to arbitration, shall be resolved by binding individual (and not class) arbitration by and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. This Agreement To Arbitrate All Disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web at www.arb-forum.com, or at "National Arbitration Forum, P.O. Box 5019, Minneapolis, Minnesota 55405." If you are unable to pay the costs of arbitration, your arbitration fees may be waived by the NAF. The cost of a participatory hearing, if one is held at your or our request, will be paid for solely by us if the amount of the claim is $15,000 or less. Unless otherwise ordered by the arbitrator, you and we agree to equally share the costs of a participatory hearing if the claim is for more than $15,000 or less than $75,000. Any participatory hearing will take place at a location near your residence. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered by any party in any court having jurisdiction. This Agreement To Arbitrate All Disputes is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which you are applying. NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
9. 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 loan 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 Jewelry Bankers consent to obtain information on you from a consumer reporting agency or other various means available. You understand Jewelry Bankers 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.
10. 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.
11. Definitions
All terms used herein are to be defined in accordance with codes, statutes and laws of the State of Florida.
12. Equal Credit Opportunity Act Fair Lending Notice
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is Federal Trade Commission Equal Credit Opportunity Washington, D.C. 20580.
To report a problem or complaint, please email: jewelrybankers@verizon.net.
