Ace Application 4307613

Embed Size (px)

DESCRIPTION

ace

Citation preview

  • LENDER (SGS FINANCE, INC.) PRIVACY POLICYRev. 07/2011

    FACTS WHAT DOES SGS FINANCE, INC. (SGS) DO WITH YOUR PERSONAL INFORMATION

    Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

    What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and checking account information transaction history and income credit history and assetsWhen you are no longer our customer, we continue to share your information as described in this notice.

    How? All financial companies need to share customers personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers personal information; the reasons SGS chooses to share; and whether you can limit this sharing.

    Reasons we can share your personal information Does SGS share? Can you limit this sharing?

    For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

    Yes No

    For our marketing purposes to offer our products and services to you

    Yes No

    For joint marketing with other financial companies

    Yes No

    For our affiliates everyday business purposes information about your transactions and experiences

    Yes No

    For our affiliates everyday business purposes information about your creditworthiness

    No We dont share

    For nonaffiliates to market to you No We dont share

    Questions? Call 817-533-2606

  • Page 2

    What do we do

    How does SGS protect my personal information?

    To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

    We also maintain physical, electronic and procedural safeguards such as computer virus protection software, firewalls, and a 128 bit Secure Socket Layer. Only authorized employees have access.

    How does SGS collect my personal information?

    We collect your personal information, for example, when you Apply for a loan Give us your income information Provide employment information Provide account information Give us your contact information

    We also collect your personal information from other companies.

    Why cant I limit all sharing? Federal law gives you the right to limit only Sharing for affiliates everyday business purposes-information

    about your creditworthiness Affiliates from using your information to market to you Sharing for nonaffiliates to market to you.

    State laws and individual companies may give you additional rights to limit sharing.

    Definitions

    Affiliates Financial and nonfinancial companies related by common ownership or control.

    SGS does not share with our affiliates including, but not limited to, MKS Financial Services, Inc., Texas Loan Corporation, and RCL Finance, Inc.

    Nonaffiliates Financial and nonfinancial companies not related by common ownership or control.

    SGS does not share with nonaffiliates so they can market to you.

    Joint Marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

    SGS doesnt jointly market.

  • ACE CASH EXPRESS PRIVACY POLICYRev. 01/2012

    FACTS WHAT DO THE ACE CASH EXPRESS COMPANIES DO WITH YOUR PERSONAL INFORMATION

    Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

    What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:

    Social Security number and checking account information transaction history and income credit history and assets

    How? All financial companies need to share customers personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers personal information; the reasons the ACE Cash Express Companies choose to share; and whether you can limit this sharing.

    Reasons we can share your personal information

    Do the ACE Cash Express Companies

    share?Can you limit this sharing?

    For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

    Yes No

    For our marketing purposes to offer our products and services to you

    Yes No

    For joint marketing with other financial companies

    Yes No

    For our affiliates everyday business purposes information about your transactions and experiences

    Yes No

    For our affiliates everyday business purposes information about your creditworthiness

    Yes Yes

    For our affiliates to market to you Yes Yes

    For nonaffiliates to market to you Yes Yes

    To limit our sharing

    Call 800-224-4338 our menu will prompt you through your choice(s)Please note:

    If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice.

    However, you can contact us at any time to limit our sharing.

    Questions? Call 800-224-4338

  • Page 2

    Who are we

    Who is providing this notice? Check-cashing, payday advance providers, vehicle secured credit providers, creditors, and financial service providers operating under the ACE Cash Express name as set forth below

    What do we do

    How does ACE Cash Express protect my personal information?

    To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

    How does ACE Cash Express collect my personal information?

    We collect your personal information, for example, when you

    apply for a loan or make a wire transfer apply for insurance or show us your government issued ID pay your billsWe also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

    Why cant I limit all sharing? Federal law gives you the right to limit only sharing for affiliates everyday business purposes information about your creditworthiness

    affiliates from using your information to market you sharing for nonaffiliates to market youState laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

    What happens when I limit sharing for an account I hold jointly with someone else?

    Your choices will apply to everyone on your account.

    Definitions

    Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include financial companies operating under the ACE or ACE

    Cash Express name.

    Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates we share with can include lenders; banks; collection

    agencies; check-cashers; tax preparers; brokers; pawnbrokers; rent-to-own, mortgage and insurance companies; and retailers.

    Joint Marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partners include lenders; banks; tax preparers;

    brokers; pawnbrokers; mortgage companies; and retailers.

    Other important information

    Notice to California ResidentsPursuant to state law, we may not share information we collect about you with affiliated or non-affiliated third parties, except in the limited circumstances permitted under state law, or if you give us your permission. California Civil Code Section 1798.83, also known as S.B. 27, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at 1-800-224-4338 or ACE Cash Express, Inc., 1231 Greenway Dr., Suite #600, Irving, TX 75038 . Provided by the following companies: ACE Cash Express, Inc., ACE Credit Services, LLC, ACE Cash Express Insurance Services LLC, ACE Minnesota Corp., ACE Virginia Title Loans LLC, ACE South Carolina LLC, ACE Cash Express Title Loans LLC, ACE Finance Company LLC, ACE Credit Access LLC and FSH Credit Services LLC.

  • CONSENT TO ELECTRONIC DISCLOSURE

    By consenting to the electronic delivery of disclosures, you agree that ACE Credit Access LLC and/or its affiliates (collectively, ACE) and SGS Finance, Inc. (Lender) may provide electronically any and all communications concerning their decisions on your Application for Credit Services and Loan (your Application), the terms of any credit services and/or loan that may be provided to you and the privacy policies of ACE and Lender (the Disclosures). The Disclosures may include, in addition to other things, disclosures pursuant to: (1) Chapter 393 of the Texas Finance Code; (2) the federal Equal Credit Opportunity Act and Regulation B; (3) the federal Fair Credit Reporting Act; (4) the federal Truth in Lending Act and Regulation Z; (5) the federal Electronic Funds Transfer Act and Regulation E; (6) the federal Gramm-Leach-Bliley Act; and (7) any other applicable federal, state or local law or regulation. Your consent applies not only to your Application and any resulting credit services and loan but also to any application for future credit services from ACE and/or loan from Lender. To electronically receive, view and save or print the Disclosures, you must have a personal computer equipped with Microsoft Internet Explorer 7.0, Google Chrome 13.0, Firefox 5.0, Safari 4.0 or any later version of these programs, Adobe Reader 6 or later version; and either a printer, a hard drive or other storage device. Prior to submission of your Application, you may withdraw your consent to electronic disclosures by exiting this website. You agree that any email address you provide with your Application may be used to provide you with Disclosures, and you agree to notify ACE or Lender of any changes to your email address either in writing or via email at least five (5) days before the change.

    You have the option to receive any information that ACE or Lender has provided electronically in paper form at no cost to you by contacting ACE in writing at 1231 Greenway Drive, Suite 600, Irving, Texas 75038 or Lender in writing at 201 E. Abram St., Suite 120, Arlington, Texas 76010 and including your name, address, and most recent Transaction Number. You may also withdraw your consent to electronic disclosures by contacting ACE or Lender in the same manner. If you withdraw your consent to electronic disclosures, ACE or Lender may elect to terminate their relationship with you.

    BY CLICKING I AGREE BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE ABOVE CONSENT. IF YOU DO NOT AGREE, YOU WILL NOT BE PERMITTED TO OBTAIN CREDIT SERVICES OR A LOAN.

    Name on application: Karrie gomez

    I Agree

    Date of Agreement: 2/10/2014

  • ARBITRATION AGREEMENT

    This Arbitration Agreement provides you with an election to either accept or reject this agreement as set forth below:

    This Arbitration Agreement provides that, unless prohibited by applicable law, upon the election of either you, ACE Credit Access LLC ("ACE"), whose address is 1231 Greenway Drive, Suite 600, Irving, Texas 75038, SGS Finance, Inc. ("Lender"), whose address is 715 W. Abram Street, Arlington, TX 76013, or certain related parties (as described below), any legal dispute between you, on the one hand, and us, on the other hand, will be resolved by binding arbitration. In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. (Solely for purposes of this Arbitration Agreement, the terms we, us and our refer herein to ACE, Lender and all other parties related thereto described under the caption Coverage and Definitions below.)

    Right to Reject Arbitration Agreement: YOU MAY REJECT THIS ARBITRATION AGREEMENT BY CLICKING "I DO NOT AGREE" AT THE END OF THIS ARBITRATION AGREEMENT. YOU MAY ALSO REJECT THIS ARBITRATION AGREEMENT BY SENDING US A NOTICE ("REJECTION NOTICE") THAT IS RECEIVED WITHIN THIRTY (30) DAYS AFTER THE DATE OF YOUR APPLICATION. THE REJECTION NOTICE MUST INCLUDE YOUR NAME, ADDRESS, TELEPHONE NUMBER AND THE DATE OF YOUR APPLICATION AND MUST EITHER BE MAILED OR SENT BY MESSENGER SERVICE (SUCH AS FEDERAL EXPRESS) TO GENERAL COUNSEL, ACE CREDIT ACCESS LLC, 1231 GREENWAY DRIVE, SUITE 600, IRVING, TEXAS 75038. IF YOU REJECT ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO REQUIRE ARBITRATION OF SOME OR ALL CLAIMS (AS SUCH TERM IS DEFINED BELOW). REJECTION OF THE ARBITRATION AGREEMENT WILL NOT AFFECT ACE'S WILLINGNESS TO PROVIDE YOU WITH CREDIT SERVICES OR LENDER'S WILLINGNESS TO PROVIDE A LOAN, NOR WILL IT AFFECT THE TERMS OF YOUR CREDIT SERVICES AGREEMENT WITH ACE OR YOUR LOAN AGREEMENT AND PROMISSORY NOTE WITH LENDER (THE "LOAN AGREEMENT"). ANY REJECTION OF ARBITRATION WILL APPLY ONLY TO THIS ARBITRATION AGREEMENT (AND NOT TO ANY PRIOR OR SUBSEQUENT ARBITRATION AGREEMENT).

    Coverage and Definitions: This Arbitration Agreement benefits and is binding upon you and us, including: (1) ACE and Lender; (2) any company that owns or controls ACE or Lender (a "Parent Company"); (3) any company that is controlled by a Parent Company, ACE and/or Lender; (4) any person or company that has or acquires a financial interest or rights under the Credit Services Agreement; (5) any person or company that has or acquires a financial interest or rights under the Loan Agreement; and (6) with respect to any of the foregoing, any heirs, assigns, personal representatives, officers, directors, owners, shareholders, principals, agents, attorneys, lenders, sureties, or insurers. Also, if either you or we elect to arbitrate any Claim you bring against us, the persons who may benefit by this Arbitration Agreement include any other persons or companies you make a Claim against in the same proceeding. "Claim" means any legal dispute between you and us that has anything at all to do with (1) your Credit Services Disclosure Statement, your Application for Credit Services and Loan, this Arbitration Agreement, the Credit Services Agreement, the Loan Agreement and/or ACEs or Lender's privacy policies; (2) the servicing or collection of amounts due under the Credit Services Agreement or the Loan Agreement; or (3) any related advertising, promotion, disclosure or notice. This Arbitration Agreement applies to actions, omissions, and events prior to, on or after the date of this Arbitration Agreement. It applies to disputes involving requests for injunctions and/or other equitable relief. However, notwithstanding any language in this Arbitration Agreement to the contrary, the term "Claim" does not include any dispute about the validity, enforceability, arbitrability or scope of this Arbitration Agreement or the validity, effect or enforceability of the prohibitions against class proceedings, private attorney general proceedings, and/or multiple party proceedings described under the caption "Prohibition Against Certain Proceedings" (the "Class Action Waiver"), and any such dispute shall be resolved by a court and not by an arbitrator or arbitration administrator.

  • "Administrator" means JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; the American Arbitration Association (the "AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; or any other company selected by mutual agreement of the parties. If both JAMS and AAA cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. You get to select the Administrator if you give the other parties written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after any other party gives you notice that such party is electing to arbitrate any Claim. If you do not select the Administrator on time, we will select the Administrator. Notwithstanding any language in this Arbitration Agreement to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that purports to override the Class Action Waiver.

    Important Notice: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

    "Prohibition Against Certain Proceedings": IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NO PARTY MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT OR CLASS MEMBER; (2) NO PARTY MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN AN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

    Initiating Arbitration Proceedings: A party asserting a Claim must first comply with the paragraph captioned "Notice and Cure; Special Payment." Additionally, a party electing arbitration must give written notice of an intention to initiate or require arbitration. This notice can be given after the beginning of a lawsuit and can be given in the papers filed in the lawsuit. If such a notice is given, unless prohibited by applicable law, any Claim shall be resolved by arbitration under this Arbitration Agreement and, to the extent consistent with this Arbitration Agreement, the applicable rules of the Administrator that are in effect at the time the Claim is filed with the Administrator. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim that is later asserted in the same lawsuit by any other party. The arbitrator will be selected in accordance with the Administrator's rules. However, unless all the parties agree otherwise, the arbitrator must be a lawyer with more than 10 years of experience or a retired judge. We will not elect to arbitrate an individual Claim that you bring in small claims court. However, we may elect to arbitrate a Claim that is transferred, removed or appealed to any different court.

    Arbitration Location and Costs: Any arbitration hearing that you attend will take place in a reasonably convenient location for you. If you object to the fees charged by the Administrator and/or arbitrator, we will consider in good faith any reasonable written request for us to bear the fees charged by the Administrator and/or arbitrator. Also, we will pay any fees or expenses we are required to pay by law or required to pay so that a court will enforce this Arbitration Agreement. Each party must pay for that party's own attorneys, experts and witnesses, provided that we will pay all such reasonable fees and costs you incur if you are the prevailing party and/or where required by applicable law and/or the Administrator's rules.

    Applicable Law: You and we agree that the Credit Services Agreement, the Loan Agreement, and this Arbitration Agreement involve interstate commerce, and this Arbitration Agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1 et seq. (and by Texas law to the extent state law governs the enforceability of this Arbitration Agreement under section 2 of the FAA). The arbitrator must follow, to the extent applicable: (1) the substantive law

  • related to any Claim; (2) statutes of limitations; and (3) claims of privilege recognized at law. Upon the timely request of any party to an arbitration proceeding, the arbitrator must provide a brief written explanation of the basis for the award. The arbitrator will determine the rules of procedure and evidence to apply, consistent with the arbitration rules of the Administrator and this Arbitration Agreement. In the event of a conflict between this Arbitration Agreement and the rules or policies of the Administrator, this Arbitration Agreement shall govern. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

    Getting Information: In addition to the parties' rights to obtain information under the Administrator's rules, any party may submit a written request to the arbitrator seeking more information. A copy of such request must be provided to the other parties. Those parties will then have the chance to object in writing within 30 days. The objection must be sent to the arbitrator and the other parties. The arbitrator will decide the issue in his or her sole discretion within 20 days thereafter.

    Effect of Arbitration Award: Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's decision will be final and binding, except for any appeal right under the FAA and except for Claims involving more than $50,000. For these Claims, any party may appeal the award to a three-arbitrator panel appointed pursuant to the Administrator's rules. That panel will reconsider from the start any aspect of the initial award that any party asserts was incorrectly decided. The decision of the panel shall be by majority vote and will be final and binding, except for any appeal right under the FAA. Unless applicable law (or the paragraph captioned "Corrective Action; Survivability and Severability of Terms") requires otherwise, the costs of an appeal to an arbitration panel will be borne by the appealing party, regardless of the outcome of the appeal. However, we will consider in good faith any reasonable written request for us to bear the cost. Also, we will pay any fees or expenses we are required to pay by law or required to pay so that a court will enforce this Arbitration Agreement.

    Power to Bind: ACE and Lender promise that they have the right and power to sign this Arbitration Agreement on behalf of all of us related to them and will ensure that all of us related to them comply with this Arbitration Agreement.

    Corrective Action; Survivability and Severability of Terms: A party must be given written notice and a reasonable opportunity of at least 30 days to remedy any circumstances that might preclude arbitration of a Claim. This Arbitration Agreement shall survive: (1) termination or cancellation of the Credit Services Agreement and/or repayment of the Loan; and (2) the bankruptcy of any party. If any portion of this Arbitration Agreement other than the Class Action Waiver is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Agreement will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal. This Arbitration Agreement can only be amended or supplemented by written agreement.

    Notice and Cure; Special Payment: Prior to initiating litigation or arbitration regarding a Claim, the party asserting the Claim shall give the other party or parties written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to cure the Claim. Any Claim Notice to you shall be sent in writing by mail or by email to the address you have provided on your Application (or any updated address you have subsequently provided). Any Claim Notice to us shall be sent by mail or by messenger service to the General Counsel, ACE Credit Access LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038. Any Claim Notice you send must identify yourself and provide your telephone number and email address. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The party giving a Claim Notice must reasonably cooperate in providing any information about the Claim that the other party or parties reasonably request and must give the other party or parties reasonable opportunity to respond to the demand for relief. If we refuse to provide you with the relief demanded in any Claim Notice you send us in accordance with this paragraph and an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award

  • you at least $5,100 (not including any arbitration fees and attorney's fees and costs to which you may be entitled).

    Intending to be legally bound, ACE and Lender have caused this Agreement to be signed on their behalf.

    ACE Credit Access LLC

    By: ____________________________________

    Jay Shipowitz, President

    SGS Finance, Inc.

    By: ___________________________________

    Eugene McKenzie, Authorized Representative

    BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THE ARBITRATION AGREEMENT ABOVE. IF YOU REJECT THE ARBITRATION AGREEMENT (SEE "RIGHT TO REJECT ARBITRATION AGREEMENT" ABOVE), CLICK THE "I DO NOT AGREE" BUTTON.

    Name on application: Karrie gomez

    I Agree

    Date of Agreement: 2/10/2014

  • PLEASE REVIEW THE CREDIT SERVICES DISCLOSURE STATEMENT BELOW.

    CREDIT SERVICES DISCLOSURE STATEMENT INSTALLMENT TRANSACTION

    DEFINITIONS: In this Credit Services Disclosure Statement ("Disclosure Statement"), "we," "our," "us," "ACE" or CSO mean ACE Credit Access LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038, (866) 355-6815. "Lender" means SGS Finance, Inc., 715 W. Abram Street, Arlington, TX 76013, (817) 462-1690. Lender is not affiliated with ACE. "You," "your" and consumer mean the individual who is receiving this Disclosure Statement in advance of applying for credit services and a loan. "Credit Services Agreement" means the agreement that will govern any credit services we provide to you. "Loan" means the loan that Lender may provide to you and "Loan Agreement" means the Loan Agreement and Promissory Note that will govern the Loan.

    PURPOSE OF THIS DISCLOSURE STATEMENT: Chapter 393 of the Texas Finance Code ("Chapter 393") regulates credit services organizations and credit access businesses. It requires us to provide you with this Disclosure Statement before you execute the Credit Services Agreement or pay any fee or other consideration to us. This Disclosure Statement is being provided before consumer enters into any transaction or pays any fee or other consideration and without obligation of consumer to accept credit services or a third-party loan. If consumer, CSO and Lender enter into a transaction, this Disclosure Statement will be referenced and incorporated as part of the Credit Services Agreement with ACE and the Loan Agreement with Lender.

    SERVICES WE PROVIDE: ACE is a credit services organization and credit access business, which is a company that earns compensation by, among other things, helping consumers obtain loans. ACE is registered and bonded with the Texas Secretary of State under Chapter 393. Credit services organizations are not lenders and do not make loans. ACE helps consumers obtain loans from a separate company, SGS Finance, Inc., and issues a letter of credit to Lender on consumers behalf to back up consumers promise to pay the Loan. We do not make loans, but instead provide credit services. ACEs credit services include: 1) arranging installment loans from the Lender up to the maximum terms shown below; 2) assisting the consumer and Lender in closing and servicing the loan; and 3) issuing a letter of credit to the Lender on the consumers behalf that secures the loans repayment. These credit services are provided until the date that any loan is paid in full or refinanced, the date the consumer cancels the Credit Services Agreement if allowed by law, or until the date that the letter of credit is paid in full if drawn upon, not to exceed 180 days.

    CSO FEE: A CSO fee is only owed if the consumer accepts the Loan offered by Lender. The CSO fee is due in scheduled portions on the same days as the installment payments on the Loan are due. For purposes of Texas law, the CSO fee is a service fee and is not interest. For purposes of the Federal Truth-in-Lending Act, the CSO fee is required to be included in the Finance Charge calculation disclosed in the Loan Agreement that the consumer would execute with the Lender.

    FEE SCHEDULES: ACEs and Lenders fee schedules (and examples) are shown below:

    CSO Fee Schedule

    Maximum terms: Letter of credit for installment loans from $100 to $1,500 in $25 increments, payable in 5 installments as scheduled and electronic payment authorization.

    CSO fee: 125.00% of the amount financed of the loan. A portion of the CSO fee is payable when each loan installment is paid based upon a schedule that would be included in your Credit Services Agreement. Example: On a $200.00 loan repaid in 5 substantially equal installments, the CSO fee of $ 250.00 would be payable as shown below. If you prepay the Loan in full, the remaining portions of the CSO fee payments that are scheduled to be paid after the next payment date would be cancelled.

    Payment Number Portion of CSO fee1 50.002 50.003 50.004 50.005 50.00

    Reimbursement: Consumer must reimburse CSO for any amounts CSO pays the Lender on the letter of credit, plus 10% per annum until the reimbursement is paid, attorneys fees, and costs of collection.

  • Return item fee: $30 for any return check, electronic payment or other payment device.

    Lender Fee Schedule

    Maximum terms: Installment loans from $100 to $1,500 in $25 increments, payable in 5 installments as scheduled, secured by ACE letter of credit and electronic payment authorization.

    Lender interest: 10% per annum, simple interest method, based on actual dates payments are made by adjustment in the final payment.

    Late charge: 5% of the payment amount or $7.50 (whichever amount is greater), if any payment is more than 10 days late.

    Return item fee: $30 for any return check, electronic payment or other payment device.

    Annual Percentage Rate example: The APR for a $200.00 loan repaid in 5 substantially equal installments made Bi-Weekly would be 497.31%, taking into account a CSO fee of $ 250.00 and Lenders scheduled interest of $ 2.60 .

    CAUTION: The credit services ACE provides and the Loan ACE may arrange from Lender are NOT intended to meet long-term financial needs. Such credit services and Loan should only be used to meet immediate short-term cash needs. Repeated or frequent use can create serious financial hardships. Before entering the Credit Services Agreement with ACE, the Loan Agreement with Lender or other specific transaction, the consumer should evaluate the costs and benefits of all alternatives, including a loan from another lender (without the assistance of a CSO), a loan from family or friends, a credit card cash advance, an advance under an account with overdraft protection, or a salary advance.

    AUTOMATIC REMINDERS: We may use automated telephone dialing, text messaging systems and electronic mail to provide messages to you about payment due dates, missed payments and other important information. The telephone messages are played by a machine automatically when the telephone is answered, whether answered by you or someone else. These messages may also be recorded by your answering machine. You give us your permission to call or send a text message to any telephone number you have given us and to play pre-recorded messages or send text messages with information about your transaction over the phone. You also give us permission to communicate such information to you via electronic mail. You agree that we will not be liable to you for any such calls or electronic communications. You understand that, when you receive such calls or electronic communications, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services. You agree that we have no liability for such fees.

    CERTAIN COMMUNICATIONS: Any communication with us required or permitted under the Federal Bankruptcy Code must be in writing, must include your account number, and must be sent to us c/o ACE Cash Express, Inc., 1231 Greenway Drive, Suite 600, Irving, Texas 75038, Attention: General Counsel.

    SURETY BOND INFORMATION: ACE has filed a $10,000 surety bond with the Texas Secretary of State under Chapter 393 for each store location. The surety bond is in favor of any person damaged by CSOs violation of Chapter 393 and in favor of the State of Texas for the benefit of such damaged person. A person making a claim against the surety bond for a violation of Chapter 393 may file suit against the surety identified below, the CSO that violated Chapter 393, or both. The surety is liable only for actual damages, reasonable attorneys fees and court costs awarded under Section 393.503(a) of the Texas Finance Code. The aggregate liability of the surety for a credit access businesss violations of Chapter 393 may not exceed the amount of the surety bond. Surety Bond Company and address: Liberty Mutual Insurance Company, 100 Liberty Way Dover, New Hampshire 03821-7500.

    YOUR RIGHTS TO INFORMATION REGARDING YOUR CREDIT REPORT:

    Right to Review Information: Upon request, a consumer-reporting agency must give you the information in your file at that agency, including the sources of the information and a list of everyone who has recently requested your report. All consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. (See www.ftc.gov/credit for additional information.) You are also entitled to a free file disclosure if: (1) a person has taken adverse action against you because of information in your credit report; (2) you are the victim of identity theft and place a fraud alert in your file; (3) your file contains inaccurate information as a result of fraud; (4) you are on public assistance; or (5) you are unemployed but expect to apply for employment within 60 days. Otherwise, a consumer reporting agency may charge you a minimal fee for the report.

  • Right to Dispute Information: If you tell a consumer reporting agency that your file contains inaccurate information, the consumer reporting agency must investigate the items you contest by presenting to any person who provided any item of information in dispute all relevant evidence you submit, unless your dispute is frivolous. The person who provided the disputed information must review your evidence and report its findings to the consumer reporting agency. The consumer reporting agency must give you a written report of its investigation and a copy of your report if the investigation results in any change. If the consumer reporting agencys investigation does not resolve the dispute, you may add a brief statement to your file. The consumer reporting agency must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change in the report.

    Inaccurate, Incomplete and Obsolete Information: A consumer reporting agency must remove or correct inaccurate or unverified information from its files. However, the consumer reporting agency is not required to remove accurate data from your file unless it is obsolete or cannot be verified. If information is deleted from your file after an investigation and later reinserted, the consumer reporting agency must give you a written notice telling you it has reinserted the information. The notice must include the name, address and phone number of the person who provided the reinserted information. Except in certain cases, a consumer reporting agency may not report negative information that is more than seven years old, except for bankruptcies, which may be reported for ten years.

    AVAILABILITY OF CREDIT COUNSELING: There are other ways and sources for you to obtain credit services. You have a right to consider these other ways and sources. Nonprofit credit counseling services may be available in your community. You may refer to your local telephone directory under "Credit and Debt Counseling" for listings and sources

    REPAYMENT: You agree to pay the CSO fee and the amounts due under the Loan Agreement with Lender (1) by mailing your payment to us at Installment Loans at ACE Cash Express,1231 Greenway Drive, Suite 670, Irving, TX 75038, with the requirement that such payment be received prior to the applicable payment date or (2) to the extent you elect to make periodic electronic payments on the Electronic Payment Election and Authorization Form that you electronically sign in connection with your Loan, by CSO and/or Lender initiating, on each payment date, an electronic fund transfer to your bank account under the terms set forth in the Electronic Payment Election and Authorization Form. In the event of your default and acceleration of your Loan with Lender, CSO and/or Lender may initiate an electronic fund transfer to your bank account under the terms set forth in the Electronic Payment Election and Authorization Form for all remaining amounts due and owing under your Loan Agreement with Lender and your Credit Services Agreement with CSO.

    CSO AUTHORITY: Consumer authorizes CSO to: (1) call consumer during reasonable hours at home or work to remind consumer when consumers payment is due; (2) exchange nonpublic personal information about consumer with Lender until any extension of payment or letter of credit is paid in full; (3) receive and remit payments on behalf of consumer and Lender; (4) communicate with consumer in the event of default on the Loan as allowed by law including calling consumer, communicating with consumer in writing or via email, or communicating with consumers personal contacts whom consumer identified in consumers application to acquire location information; and (5) act as special, limited agent for the Lender in connection with the handling of the Loan.

    ASSIGNMENT: CSO may transfer or assign any of its rights, titles, and interests at its sole discretion. Lender may transfer or assign any of its rights, titles, and interests at its sole discretion. Consumer may not transfer its rights without the prior written consent of CSO and Lender.

    MISCELLANEOUS: ACEs principal place of business is 1231 Greenway Drive, Suite 600, Irving, Texas 75038. ACEs agent in Texas authorized to receive service of process is CT Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, Texas 75201.

    CREDIT INFORMATION & REPORTING: Consumer authorizes CSO and Lender to obtain consumers credit report from any consumer reporting agency. Late payments, missed payments, or other defaults by consumer may be reflected in consumers credit report. If consumer believes that CSO or Lender has reported inaccurate information about consumer to a consumer reporting agency, please write to CSO or Lender in care of ACE Credit Access LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038. In your letter or email, please identify the date of consumers transaction, the information consumer questions and why consumer believes it is inaccurate.

    DEFAULT: Consumer will be in default if any of the following happens:

  • (1) Consumer fails to make any payment when due; (2) any representation or statement made or furnished by consumer or on consumers behalf is false or misleading in any material respect either now or at the time made or furnished; (3) consumer dies or becomes insolvent, or any proceeding is commenced either by consumer or against consumer under any bankruptcy or insolvency laws; or (4) consumer fails to maintain consumers bank account in good standing and in active status or fails to maintain the required amount of funds in consumers account.

    SAVINGS CLAUSE: No part of this Disclosure Statement, nor any charge or receipt by CSO or Lender, is intended to permit CSO or Lender to impose any amount in excess of lawful amounts. In no event may the interest Lender charges exceed a rate of 10% per annum in accordance with Section 302.001 of the Texas Finance Code. If an unlawful excess occurs, it will be applied as a credit or otherwise refunded, and the rate or amount involved will automatically be reduced to the maximum lawful rate or amount. To the extent permitted by law, for purposes of determining our compliance with the law, charges may be calculated by amortizing, prorating, allocating, and spreading.

    NOTICE AND CURE: Prior to initiating litigation or an arbitration regarding a legal dispute or claim relating to ACEs credit services or Lenders loan, the party asserting the claim shall give the other party or parties detailed written notice of the claim and relief requested and a reasonable opportunity of not less than 30 days to cure the claim. Any claim notice to you shall be sent in writing by mail or by email to the address you have provided in consumers application (or any updated address consumer has subsequently provided). Any claim notice to ACE and/or Lender shall be sent by mail, attention General Counsel, ACE Credit Access LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038.

    JURY TRIAL WAIVER: Consumer acknowledges that there is a constitutional right to trial by jury but it may be waived under certain circumstances. To the extent permitted by law, consumer, CSO and Lender knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this Disclosure Statement. This jury trial waiver shall not affect or be interpreted as modifying in any fashion the separate arbitration agreement among consumer, CSO and Lender that will apply if consumer does not reject the Arbitration Agreement.

    GOVERNING LAW: This Disclosure Statement and any transactions shall be governed by laws of the State of Texas, except that the Arbitration Agreement and Class Action Waiver shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 -16. Consumer agrees that consumers transactions with CSO and Lender involve interstate commerce for all purposes.

    BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THE FOLLOWING:

    YOU HAVE READ AND UNDERSTAND THIS DISCLOSURE STATEMENT. WE (ACE CREDIT ACCESS LLC) DO NOT MAKE LOANS AND WILL NOT BE MAKING ANY

    LOAN TO YOU. RATHER, WE MAY PROVIDE CREDIT SERVICES TO HELP YOU OBTAIN A LOAN FROM LENDER, AN UNAFFILIATED COMPANY.

    THE CREDIT SERVICES WE PROVIDE AND ANY LOAN WE ARRANGE FOR YOU MAY NOT BE ON THE BEST AVAILABLE RATES OR TERMS. YOU MAY WANT TO CONSIDER OTHER OPTIONS BEFORE PROCEEDING.

    AT THIS TIME, YOU HAVE NOT EXECUTED THE CREDIT SERVICES AGREEMENT OR PAID ANY CSO FEE OR OTHER CONSIDERATION TO US WITH RESPECT TO THE CREDIT SERVICES DESCRIBED ABOVE.

    IF YOU CLICK "I AGREE" BELOW, YOU ARE NOT REQUIRED TO AGREE TO THE CREDIT SERVICES AGREEMENT. IF YOU CLICK "I DO NOT AGREE" BELOW, YOU WILL NOT BE PERMITTED TO OBTAIN CREDIT SERVICES.

    Name: KARRIE GOMEZ

    I Agree

    Date of Agreement: 2/10/2014

  • CREDIT SERVICES AGREEMENT INSTALLMENT TRANSACTION

    DEFINITIONS: In this Credit Services Agreement ("Credit Services Agreement"), "we," "our," "us", "ACE" and "CSO" mean ACE Credit Access LLC, whose principal place of business is 1231 Greenway Drive, Suite 600, Irving, Texas 75038, [email protected]. "You" and "your" mean the individual seeking credit services from us. ACEs agent in Texas authorized to receive service of process is CT Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, Texas 75201. "Lender" means SGS Finance, Inc., a Lender that is not affiliated with us. "Loan" means the loan Lender may provide you and "Loan Agreement" means the Loan Agreement and Promissory Note that will specify the terms of the Loan, if any.

    Services and Charges

    SERVICES WE PROVIDE: We do not make loans, but instead provide credit services. Upon execution of this Credit Services Agreement, we agree to provide the following credit services: (1) arranging an installment Loan consisting of 5 approximately BiWeekly equal installments for you from Lender; (2) assisting you and Lender in closing and servicing the Loan; and (3) issuing a letter of credit to Lender on your behalf that secures the Loans repayment. These credit services are provided until the date that your Loan is paid in full or refinanced, the date you cancel this Credit Services Agreement if allowed by law, or until the date that the letter of credit is paid in full if drawn upon, not to exceed 180 days. You will be charged interest from Lender on your Loan (assuming you make all payments on the payment dates as scheduled) in the amount of $13.43

    CSO FEE: In consideration for the credit services that we will provide you under this Credit Services Agreement, you agree to pay us a fee (the "CSO Fee") of $ 1625.00, based upon the payment schedule shown below.

    Payment Number Payment Date Portion of CSO fee1 2/21/2014 325.002 3/7/2014 325.003 3/21/2014 325.004 4/4/2014 325.005 4/18/2014 325.00

    If you prepay the Loan to Lender in full at any time, the remaining portions of the CSO fee payments that are scheduled to be paid after the next Payment Date would be cancelled.

    Additional Terms

    DISCLOSURE STATEMENT; METHOD OF PAYMENT: You agree to ACEs Credit Services Disclosure Statement, including your promise to reimburse ACE for any amounts ACE pays the Lender on the letter of credit ACE will issue on your behalf, plus 10% per annum until the reimbursement is paid, and attorneys fees and costs of collection. You agree to pay the CSO Fee and the amounts due under the Loan Agreement with Lender (1) by mailing your payment to us at Installment Loans at ACE Cash Express,1231 Greenway Drive, Suite 670, Irving, TX 75038, with the requirement that such payment be received prior to the applicable Payment Date, or (2) to the extent you elect to make periodic electronic payments on the Electronic Payment Election and Authorization Form that you electronically sign in connection with this Credit Services Agreement and your Loan Agreement with Lender, by ACE and/or Lender initiating, on each Payment Date, an electronic fund transfer to your bank account under the terms set forth in the Electronic Payment Election and Authorization Form. In the event of your default and acceleration of your loan with Lender, ACE and/or Lender may initiate an electronic fund transfer to your bank account under the terms set forth in the Electronic Payment Election and Authorization Form for all remaining amounts due and owing under this Credit Services Agreement and your Loan Agreement with Lender. Any payments you make to Lender in care of ACE are binding upon Lender. If any payment (including an electronic payment) is returned for any reason, you will pay ACE a fee of $30.00.

    DEFAULT: You will be in default if any of the following happens: (1) you fail to make any payment when due; (2) any representation or statement made or furnished by you or on your behalf is false or misleading in any material respect either now or at the time made or furnished; (3) you die or become insolvent, or any proceeding is commenced either by you or against you under any bankruptcy or insolvency laws; or (4) you fail to maintain your bank account in good standing and in active status or fail to maintain the required amount of funds in your account. You waive, to the extent permitted by law, demand, notice of nonpayment, notice of intention to accelerate, notice of acceleration, presentment, and notice of dishonor.

  • AUTHORIZATION TO CREATE REMOTELY-CREATED CHECKS (RCCS) SIX MONTHS AFTER DEFAULT. In the event that you default and we are not able to obtain payment of the amounts due and owing to us under this Credit Services Agreement, including amounts payable to us as a result of payments we make on your behalf under the Letter of Credit (the Default Balance) pursuant to the payment method selected on your Electronic Payment Election and Authorization Form (the Form) or by contacts with you, you authorize us to collect the Default Balance by creating and depositing and/or presenting for payment, starting approximately six months after the date of default, one or more RCCs drawn on the deposit account set forth on the Form (the Account). In the event that any such RCC is returned unpaid, we will stop depositing or presenting RCCs to the Account pursuant to this authorization and we will reduce the amount you owe us by the greater of the following: $30 or the fee, as shown on your bank statement provided to us, that your bank charged you for returning our RCC. IN THE EVENT THAT YOU WILL NOT HAVE THE DEFAULT BALANCE IN YOUR ACCOUNT, PLEASE CONTACT US SO THAT WE CAN ARRANGE FOR AN ALTERNATIVE METHOD OF REPAYMENT INSTEAD OF EXERCISING OUR RIGHTS UNDER THIS AUTHORIZATION.

    REPRESENTATIONS: You represent that the information in your Application for Credit Services and Loan (your "Application") is up-to-date, true, correct, and complete, including, without limitation, your representation that YOU ARE NOT a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer (or a dependent of such a member). You understand that ACE and Lender are relying upon that information.

    PREPAYMENT: There is no penalty for prepaying your loan.

    DEBT COLLECTION: As a matter of Texas law, ACE must comply with the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., and Chapter 392 of the Texas Finance Code when engaged in collection activities.

    CRIMINAL CHARGES MAY GENERALLY NOT BE THREATENED OR PURSUED: No person may threaten or pursue criminal charges against you related to a check or other debit authorization provided by you as security for a transaction in the absence of forgery, fraud, theft, or other criminal conduct.

    MEMBERS OF THE MILITARY AND THEIR DEPENDANTS: ACE must comply, to the extent applicable, with 10 U.S.C. 987 when extending credit to a covered member of the armed forces or a dependent of such a member.

    OFFICE OF THE CONSUMER CREDIT COMMISSIONER: ACE is regulated by the Office of the Consumer Credit Commissioner (OCCC). You may contact the OCCC using the following information: Consumer Helpline 1-800-538-1579; Website www.occc.state.tx.us; Mailing address 2601 N. Lamar Blvd., Austin, Texas 78705.

    ASSIGNMENT: We may transfer or assign any of our rights under this Credit Services Agreement in our sole discretion. You may not transfer your rights under this Credit Services Agreement without our prior written consent.

    COMMUNICATIONS: By signing this Credit Services Agreement, you authorize us to send you commercial email messages at the email address you provided on your Application (or any updated address you subsequently provide to us electronically or in writing).

    JURY TRIAL WAIVER: You acknowledge that there is a constitutional right to trial by jury but it may be waived under certain circumstances. To the extent permitted by law, you, ACE and Lender, knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this Credit Services Agreement. This jury trial waiver shall not affect or be interpreted as modifying in any fashion the separate Arbitration Agreement among you, ACE and Lender, that will apply if you do not reject the Arbitration Agreement.

    GOVERNING LAW: This Credit Services Agreement shall be governed by the substantive laws of the State of Texas.

    ENTIRE AGREEMENT: This Credit Services Agreement, the Credit Services Disclosure Statement provided to you prior to your entering into this Credit Services Agreement and the Arbitration Agreement (if you do not reject it) are the entire agreements between you and us relating to the subject matter of this Credit Services Agreement. No

  • modification of this Credit Services Agreement shall be effective unless in writing and signed by you and us. If any provision of this Credit Services Agreement is determined to be invalid or unenforceable, such provision shall be reformed if practicable so as to achieve its intended purpose(s) and shall not in any way affect the remaining provisions of this Credit Services Agreement.

    CONDITION TO PROVIDING CREDIT SERVICES: Before we provide credit services to you, our agent may attempt to contact you at one or more of the phone numbers you provided on your Application. We will provide credit services to you if and only if we are able to verify the information in your Application (including by making contact with you). If we are unable to make contact with you, we may refuse to provide credit services to you. You represent and warrant that you will be available to speak with our agent at the phone numbers you provided, and acknowledge that we have provided disclosures to you based on your representations to us. Following our verification, we will then provide you with credit services.

    RETURNED PAYMENTS: If a payment pursuant to this Credit Services Agreement is not honored or is returned unpaid, you will owe us the amount of the payment, even if the Loan has been marked satisfied. Also, if the Loan refinances a prior loan made by Lender, you promise that any payment you made pursuant to the prior credit services agreement will be honored and not returned unpaid. If you break this promise, you will be in default of this Credit Services Agreement, and you will owe us the amount of the returned payment, but the CSO Fee under this Credit Services Agreement will be waived.

    YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR THE EXPLANATION OF THIS RIGHT.

    Intending to be legally bound, ACE has caused this Agreement to be signed on its behalf.

    ACE Credit Access LLC

    By: ________________________

    Jay Shipowitz, President

    BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS ABOVE, AND THAT YOU HAVE RECEIVED THE ATTACHED NOTICES OF CANCELLATION. IF YOU REJECT THE PROPOSED TERMS BY CLICKING "I DO NOT AGREE", YOU WILL NOT BE PERMITTED TO OBTAIN CREDIT SERVICES.

    Name: KARRIE GOMEZ

    I Agree

    Date of Agreement: 2/10/2014

  • If you wish to cancel, print out this page, complete one of the Notices of Cancellation and return it to us. Keep the other copy for your records.

    NOTICE OF CANCELLATION

    You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.

    If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the credit services organization of your cancellation notice.

    To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to: ACE Credit Access LLC, attention General Counsel, 1231 Greenway Drive, Suite 600, Irving, Texas 75038.

    You hereby cancel this transaction.

    _____________________ _____________________________________

    (date) (ACE customer signature)

  • If you wish to cancel, print out this page, complete one of the Notices of Cancellation and return it to us. Keep the other copy for your records.

    NOTICE OF CANCELLATION

    You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.

    If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the credit services organization of your cancellation notice.

    To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to: ACE Credit Access LLC, attention General Counsel, 1231 Greenway Drive, Suite 600, Irving, Texas 75038.

    You hereby cancel this transaction.

    _____________________ _____________________________________

    (date) (ACE customer signature)

  • Loan Agreement and Promissory Note Installment Transaction

    Loan Number: 2000028778070Lender: SGS Finance, Inc. Customer: KARRIE GOMEZAddress: 715 W. Abram Street Address: 12231 ORTEGA STCity/State/Zip: Arlington, TX 76013Phone: (817) 462-1690 City/State/Zip: DALLAS, TX 75253

    Phone: 972-752-8830

    Agreement Date: 2/10/2014 Due Date: 4/18/2014

    Projected Funding Date: 2/11/2014

    DEFINITIONS: In this Loan Agreement and Promissory Note ("Loan Agreement"), "we," "our," "us" and "Lender" mean SGS Finance, Inc., 715 W. Abram Street, Arlington, TX 76013, (817) 462-1690. "ACE" or "CSO" means ACE Credit Access LLC, whose address is 1231 Greenway Drive, Suite 600, Irving, Texas 75038. "You" and "your" mean the borrower under this Loan Agreement. "Credit Services Agreement" means the Credit Services Agreement you have entered into with ACE. "Loan" means the loan from Lender to you under this Loan Agreement. The ANNUAL PERCENTAGE RATE and/or FINANCE CHARGE stated below are based on an estimate that Loan funds will reach your account on the Projected Funding Date set forth above. Banking delays or holidays, or delays in making contact with you to verify the information you have provided to us may cause the Loan funds to reach your account later. We will begin accruing the Finance Charge on your Loan on the date the Loan funds are credited to you.

    ********************************************************************************************* TRUTH - IN - LENDING DISCLOSURES

    ANNUAL PERCENTAGE RATE

    FINANCE CHARGE AMOUNT FINANCED

    TOTAL OF PAYMENTS

    The cost of your credit as a yearly rate.

    The dollar amount your credit will cost you.

    The amount of credit provided to you.

    The amount you will have paid after you have made all

    payments as scheduled.

    1044.43%e $ 1,638.43 e $ 1,300.00 $ 2,938.43Payment Schedule: Five installment payments payable on the dates and in the amounts set forth below, plus amounts payable to CSO, for its CSO fee, payable on the dates and in the amounts set forth below.

    Payment Date Payment Amount CSO Fee Total Due2/21/2014 263.54 325.00 588.543/7/2014 263.54 325.00 588.543/21/2014 263.54 325.00 588.544/4/2014 263.54 325.00 588.544/18/2014 259.27 325.00 584.27

    Security Interest: Your Loan is secured by a letter of credit issued on your behalf by ACE (the Letter of Credit), and your electronic payment authorization.

    Prepayment: If you pay off early in connection with a cancellation of the Credit Services Agreement, you will be entitled to a refund of any finance charge you have paid. If you prepay the Loan for any other reason, you will not have to pay a penalty, and you may be entitled to a refund of a portion of the CSO fee part of the finance charge.

    Late charge: If you fail to pay any amount due under this Loan Agreement within ten days after the date such payment is due, you will owe us a late charge equal to the greater of 5% of such amount or $7.50.

    See below and in the Credit Services Agreement for any additional information about nonpayment, default and prepayment refunds._________________________________e means an estimate.

  • *********************************************************************************************

    Itemization of Amount FinancedAmount given to you directly: $ 1,300.00Amount paid on our prior loan to you: $ 0.00Amount paid to ACE as CSO: $ 0.00Total Amount Financed $ 1,300.00

    Additional Terms

    PROMISE TO PAY; PREPAYMENT; INTEREST ACCRUAL; METHOD OF PAYMENT: You promise to pay us or to our order the Amount Financed of $ 1,300.00 plus interest at the rate of 10% per annum until paid in full. Your payments are due in the amounts and on the dates shown in the Payment Schedule above. You may prepay in full or in part at any time without penalty. We compute simple interest on the actual days the Amount Financed is advanced and unpaid, treating each day as 1/365th (or 1/366th, as applicable) of a year. If you make a payment early, less interest is owed, and if you make a payment after its due date, more interest is owed. Payments shall be applied first to any portion of the CSO fee currently payable, then to accrued interest, and then to principal. Any adjustment in the amount of interest will be made to the final payment, which means that your final payment may be higher or lower than the scheduled amount depending upon your actual payment history. You will make your payments (1) by mailing your payment to us at Installment Loans at ACE Cash Express,1231 Greenway Drive, Suite 670, Irving, TX 75038, with the requirement that such payment be received prior to the applicable Payment Date, or (2) to the extent you elect to make periodic electronic payments on the Electronic Payment Election and Authorization Form that you electronically sign in connection with this Loan Agreement and your Credit Services Agreement with ACE, by ACE and/or Lender initiating, on each Payment Date, an electronic fund transfer to your bank account under the terms set forth in the Electronic Payment Election and Authorization Form. In the event of your default and acceleration of your Loan, ACE and/or Lender may initiate an electronic fund transfer to your bank account under the terms set forth in the Electronic Payment Election and Authorization Form for all remaining amounts due and owing under this Loan Agreement and your Credit Services Agreement with ACE. Payments you make to us on this Loan in care of ACE are binding upon us. A portion of the CSO fee that you have agreed to pay ACE is due on the date each loan payment is due as set forth in the Payment Schedule above. If you prepay the loan in full, the remaining portions of the CSO fee payments that are scheduled to be paid after the next payment date would be cancelled. If necessary, the call center may be able to authorize you to make your payment at an ACE Cash Express store location.

    CANCELLATION: If you repay us the entire Amount Financed in connection with a cancellation of the Credit Services Agreement within three days after the Credit Services Agreement is electronically signed by you, you will not be required to pay any interest to us or the CSO fee to the CSO, and we will refund or credit to you any interest we receive.

    CSO FEE NOT INTEREST: Under the federal Truth-in-Lending Act ("TILA"), the CSO Fee is a Finance Charge and part of the Annual Percentage Rate of the Loan. Even though the CSO Fee is disclosed in this manner under TILA, it is not interest under Texas law. On each Payment Date, the CSO Fee will be paid to and retained by ACE, not us.

    ADDITIONAL CHARGES: If you fail to pay us any amount due under this Loan Agreement within ten days after the date such amount is due, you will owe us a late charge equal to the greater of 5% of such amount or $7.50. If any payment (including an electronic payment) is returned for any reason, you will owe us a fee of $30.00. Lender will assess only one NSF fee per installment of this loan. You agree that we, ACE and/or our payment processor are authorized to debit your account to collect these fees. You understand that your bank may charge you a fee if you do not have sufficient funds in your account to cover an electronic payment we, ACE and/or our payment processor initiates.

    DEFAULT: You will be in default if any of the following happens: (1) you fail to make any payment when due; (2) any representation or statement made or furnished by you or on your behalf is false or misleading in any material respect either now or at the time made or furnished; (3) you die or become insolvent, or any proceeding is commenced either by you or against you under any bankruptcy or insolvency laws; or (4) you fail to maintain your bank account in good standing and in active status or fail to maintain the required amount of funds in your account. You waive, to the extent permitted by law, demand, notice of nonpayment, notice of intention to accelerate, notice of acceleration, presentment, and notice of dishonor.

    SAVINGS CLAUSE: No interest, charge or receipt by us is intended to exceed lawful amounts. If an unlawful excess occurs, we will apply it as a credit or otherwise refund it, and the rate or amount involved will automatically

  • be reduced to the maximum lawful rate or amount. To the extent permitted by law, for purposes of determining our compliance with the law, we may calculate charges by amortizing, prorating, allocating and spreading.

    SECURITY; CANCELLATION OF CREDIT SERVICES AGREEMENT: Your Loan is secured by a Letter of Credit issued by ACE. If you cancel the Credit Services Agreement within three days after the Credit Services Agreement is electronically signed by you, ACE will cancel the Letter of Credit securing your Loan and you must immediately pay us the Amount Financed (without any interest). We will refund or credit to you any interest we receive.

    SECURITY INTEREST IN ELECTRONIC PAYMENT AUTHORIZATION: Neither federal nor Texas law clearly address whether our interest in the electronic payment authorization you give to us concurrent with the execution of this Loan Agreement constitutes a security interest. Therefore, pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z 226.2, we disclose to you that our interest in your electronic payment authorization is a security interest for Federal Truth-In-Lending purposes only. However, the Federal Truth-In-Lending disclosures are not intended to create a security interest in your electronic payment authorization under Texas law.

    ASSIGNMENT: We may assign or transfer any or all of our rights, title and interest under this Loan Agreement at our discretion. You may not assign your rights under this Loan Agreement without our written consent.

    ACKNOWLEDGMENT: You acknowledge your agreement to ACEs current privacy policy and Lenders current privacy policy, and to ACEs Credit Services Disclosure Statement.

    GOVERNING LAW: This Loan Agreement shall be governed by the substantive laws of the State of Texas.

    ENTIRE AGREEMENT: This Loan Agreement and the Arbitration Agreement (if you do not reject it) are the entire agreements between you and us relating to the subject matter of this Loan Agreement. No modification of this Loan Agreement shall be effective unless in writing and signed by you and us. If any provision of this Loan Agreement is determined to be invalid or unenforceable, such provision shall be reformed if practicable so as to achieve its intended purpose(s) and shall not in any way affect the remaining provisions of this Loan Agreement.

    CAUTION: The credit services provided under the Credit Services Agreement and the Loan are NOT intended to meet long-term financial needs. Such credit services and Loan should only be used to meet immediate short-term cash needs. Repeated or frequent use can create serious financial hardships. Before entering into this Loan Agreement, you should evaluate the costs and benefits of all alternatives, including a loan obtained directly from another lender (without the assistance of a CSO), a loan from family or friends, a credit card cash advance, an account with overdraft protection or a salary advance.

    CONDITION TO OUR DISBURSING LOAN PROCEEDS: Before you receive the proceeds of your Loan, our agent may attempt to contact you at one or more of the phone numbers you provided on your Application for Credit Services and Loan (your "Application"). We will disburse the proceeds of your Loan if and only if we are able to verify the information in your Application (including, at our election, by making contact with you). If we are unable to make contact with you, we may refuse to disburse the proceeds of your Loan. You represent and warrant that you will be available to speak with our agent at the phone numbers you provided, and acknowledge that we have provided disclosures to you based on your representations to us. Following our verification, we will then disburse the proceeds of your Loan by depositing the proceeds from this Loan Agreement into the bank account listed on the Electronic Payment Election and Authorization Form, unless such proceeds are applied to any outstanding obligation to us. Alternatively, you have the option of coming into any ACE store where we will make the amount of the Loan immediately available to you upon your presentation of a current government-issued identification card with your photograph.

    RETURNED PAYMENTS: If a payment on this Loan is not honored or is returned unpaid, you will owe us the amount of the payment, plus any returned payment fee, even if we have marked the Loan as satisfied. Also, if this Loan refinances a prior loan made by us, you promise that any payment you made on the prior loan will be honored and not returned unpaid. If you break this promise, you will be in default on this Loan, and we will have the right to declare immediately due and payable the entire outstanding principal balance of this Loan (the "Accelerated Balance"). You will then owe us the Accelerated Balance on this Loan and the amount of the returned payment and any returned payment fee on the prior loan.

    NOTICE AND CURE: Prior to initiating litigation or an arbitration regarding a legal dispute or claim relating to ACEs credit services or Lenders loan, the party asserting the claim shall give the other party or parties detailed written notice of the claim and relief requested and a reasonable opportunity of not less than 30 days to cure the claim. Any claim notice to you shall be sent in writing by mail or by email to the address you have provided in consumers application (or any updated address consumer has subsequently provided). Any claim notice to ACE

  • and/or Lender shall be sent by mail, attention General Counsel, ACE Credit Access LLC, 1231 Greenway Drive, Suite 600, Irving, Texas 75038.

    JURY TRIAL WAIVER: YOU AND WE ACKNOWLEDGE THAT THERE IS A CONSTITUTIONAL RIGHT TO TRIAL BY JURY BUT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OUR RELATED TO THIS LOAN. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE SEPARATE ARBITRATION AGREEMENT BETWEEN YOU AND US THAT WILL APPLY IF YOU DO NOT REJECT THE ARBITRATION AGREEMENT.

    SGS Finance, Inc.

    By: ___________________________

    Eugene McKenzie, Authorized Representative

    BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS ABOVE. IF YOU REJECT THE PROPOSED TERMS BY CLICKING "I DO NOT AGREE," YOU WILL NOT BE PERMITTED TO OBTAIN A LOAN.

    Name on application: KARRIE GOMEZ

    I Agree

    Date of Agreement: 2/10/2014

  • ELECTRONIC PAYMENT ELECTION AND AUTHORIZATION FORM

    Financial Institution (Depository): CITY CREDIT UNION

    Acct. No. (Account): 0001187530

    Routing/ABA No.: 311079050

    Authorization for Repayment by Electronic Fund Transfer (EFT)

    By giving us the information set forth above, you authorize ACE Credit Access LLC (ACE) and/or SGS Finance, Inc. (SGS), or ACEs or SGSs authorized agent (collectively, CSO and Lender Parties), (a) in the event of your default under the Loan Agreement and Promissory Note with SGS or the Credit Services Agreement with ACE (together, your Loan and CSO Agreements), and (b) to the extent you elect below to make installment payments on your Loan and CSO Agreements by EFT, upon the due date of each installment payment, to initiate one or more EFTs to the Account at the Depository on the date of such payment or default or thereafter in order to obtain payment of the amounts due and owing to ACE, SGS or their assigns under your Loan and CSO Agreements (including any returned payment fee and/or late fee), as such agreements may be renewed or extended from time to time. You may be charged a returned payment fee and/or late fee in the event your EFT is rejected and you authorize us to add such fees to any re-initiated transfer or to initiate a separate single EFT to your account in the amount of such fees. In the event that we make an error in processing an EFT, you further authorize us to initiate an electronic credit or debit entry, as necessary, to correct the error. You agree that ACE and SGS may initiate combined or separate debit entries for amounts owed to each or both of them in connection with your Credit Services Agreement with ACE and/or your Loan Agreement and Promissory Note with SGS.

    You understand and acknowledge that you may terminate this authorization to obtain payment by EFT (EFT Authorization) by notifying ACE in writing at the following address: 1231 Greenway Drive, Suite 600, Irving, Texas 75038, Attention: General Counsel, in such time as to afford ACE and your bank a reasonable opportunity to act on your request. The EFT Authorization will remain in full force and effect until the earlier of the following occurs: (i) you satisfy all of your payment obligations under the Loan and CSO Agreements, (ii) you provide ACE notice of your termination of this EFT Authorization as described above or (iii) the CSO and Lender Parties are unsuccessful a total of three times in processing each of the authorized EFTs. You understand and agree that in the event that the EFTs authorized in accordance with this paragraph are rejected, ACE may attempt up to two more times to initiate such EFTs.

    You acknowledge that the initiation of EFTs to the Account must comply with U.S. law and applicable network rules. You understand that the Depository may impose additional fees in connection with returned or rejected EFTs, and you agree that none of the CSO and Lender Parties has any liability regarding any such fee.

    Periodic Payment Election

    CHECK HERE IF YOU WANT TO AUTHORIZE ACE AND/OR SGS TO INITIATE ELECTRONIC PAYMENTS BY EFT, AS SET FORTH ABOVE, FOR YOUR INSTALLMENT PAYMENTS.

    By checking this box and signing below, you authorize CSO and Lender Parties to initiate an EFT to your checking account, as set forth above, for each installment payment due on your Loan and CSO Agreements. You understand that this is voluntary and that ACE and/or SGS has not conditioned an extension of credit on your repayment by preauthorized electronic payments. You may cancel this authorization or the authorization for any individual electronic payment by notifying ACE orally or in writing at least three business days before the scheduled date of the transfer. You may also call 877 876 2274 to determine whether the transfer occurred.

    XCHECK HERE IF YOU DO NOT WANT TO AUTHORIZE ACE AND/OR SGS TO INITIATE ELECTRONIC PAYMENTS BY EFT, AS SET FORTH ABOVE, FOR YOUR INSTALLMENT PAYMENTS AND YOU INSTEAD WANT TO MAKE PAYMENTS BY MAIL.

  • By checking this box and signing below, you do not authorize CSO and Lender Parties to initiate an EFT to your checking account, as set forth above, for each installment payment due on your Loan and CSO Agreements. You will be required to mail your payments to Installment Loans at ACE Cash Express, 1231 Greenway Drive, Suite 670, Irving, TX 75038, with the requirement that such payment be received prior to the applicable payment date pursuant to your Loan and CSO Agreements.

    BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS ABOVE. IF YOU REJECT THE PROPOSED TERMS BY CLICKING "I DO NOT AGREE", YOU WILL NOT BE PERMITTED TO OBTAIN CREDIT SERVICES OR A LOAN.

    Name: KARRIE GOMEZ

    I Agree

    Date of Agreement: 2/10/2014