PaydayeAdvance

Agreement to Arbitrate Disputes

This Agreement to Arbitrate Disputes (the “Arbitration Agreement”) will govern the resolution of any dispute between Paydayeadvance, Inc., (referred to as “Lender,” “we” and “us”) and the Borrower (referred to as “Borrower” or “you”).

1.         Dispute Resolution by Arbitration: Any and all claims, controversies, or disputes arising out of or related in any way to this shall be subject to binding arbitration pursuant to the under the Federal Arbitration Act. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-6.  This Arbitration Agreement applies to, without limitation, (1) all issues concerning the transaction in connection with which this Arbitration Agreement has been executed; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; constitution, common law, or statute; (3) any issue as to whether any such claims, controversies, or disputes are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions.  This means that all claims, controversies or disputes that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement.  THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.

1. a. Consent to Arbitration: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes.  You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration.  In arbitration, you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:
   1. WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
   2. 2. WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
   3. 3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, 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.
   4. 2. Opt-Out Right: You may elect to opt out of this Arbitration Agreement by doing any of the following things:
      1. In the signature block at the end of this Agreement, writing “Opt Out” in the signature block and initialing it; or
      2. Sending or delivering written notice to the address on this Agreement that you wish to opt out of this Arbitration Agreement.  This written notice must be received by us by the end of the third business day after you sign this Agreement.

3.         Procedure for Arbitration: Arbitration may be heard, at the claimant’s election, by the American Arbitration Association, the National Arbitration Forum, or any other arbitration forum as both parties may agree, and shall be conducted under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law.  The Arbitration shall take place in the federal district of your residence.  Each party, you and we, shall bear our own costs and expenses, including attorneys’ fees, that we incur with respect to the arbitration.  However, if circumstances relating to the dispute (including, among other things, the size and nature of the dispute, the nature of the services that we have provided you, and your ability to pay) it would be unfair or burdensome for you to pay the arbitration filing fees, we will advance the initial filing, administration, and hearing fees required by the arbitrator, who will ultimately decide who will be responsible for paying those amounts.

4.         Interpretation of this Arbitration Agreement: Any dispute as to the validity of the portion of this agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.

5.         Statutes of Limitations: All statutes of limitations that are applicable to any claim or dispute shall apply to any arbitration between you and us.

6.         Attorneys’ Fees: The arbitrator may, but is not required to, award reasonable attorneys’ fees to the prevailing party if allowed by statute or applicable law.

8.         Enforcement of Award: The award of the arbitrator shall be binding and final after fifteen (15) days have passed, and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.

9.         Appeal Procedure: Within fifteen (15) days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service.  The decision of the panel of three neutral arbitrators will be immediately binding and final.

10        Small Claims Court: Notwithstanding any other provision of this Arbitration Agreement, either you or we shall retain the right to seek adjudication in Small Claims Court of any matter within its jurisdiction.  Any matter not within the Small Claims Court’s jurisdiction shall be resolved by arbitration as provided above.