This Arbitration Agreement provides consumer 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 1) the consumer signing this agreement (“you”); 2) Texas Loan Brokers I, LLC dba Texas Title Loans (“CSO”) whose address is 12754 SH 198 S, Mabank, TX 75156; or 3) Tri-State Funding, LLC (“Lender”), whose address is P.O. Box 2109 Mabank, TX 75147, any legal dispute between you, on the one hand, and CSO or Lender, 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 intended to be simpler and more limited than court procedures.
Right to Reject Arbitration Agreement: IF YOU DO NOT WANT TO ARBITRATE CLAIMS AS PROVIDED IN THIS ARBITRATION AGREEMENT, THEN YOU HAVE THE RIGHT TO REJECT THE ARBITRATION AGREEMENT. TO REJECT ARBITRATION, YOU MUST DELIVER WRITTEN NOTICE TO US WITHIN 15 DAYS FOLLOWING THE DATE OF YOUR APPLICATION. NOBODY ELSE CAN REJECT ARBITRATION FOR YOU; THIS METHOD IS THE ONLY WAY YOU CAN REJECT THE ARBITRATION AGREEMENT. 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 THE CSO AT THE FOLLOWING ADDRESS Texas Title Loans, Attn: Arbitration Opt-Out, 12754 S.H. 198 S Mabank, TX 75156.
IF YOU REJECT ARBITRATION, NEITHER YOU, CSO NOR LENDER 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 CSO’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 CSO OR YOUR LOAN AGREEMENT AND PROMISSORY NOTE WITH LENDER. ANY REJECTION OF ARBITRATION WILL APPLY ONLY TO THIS ARBITRATION AGREEMENT.
Coverage and Definitions: This Arbitration Agreement benefits and is binding upon: (1) you, CSO and Lender; (2) any person or company that has or acquires a financial interest or rights under the Credit Services Agreement; (3) any person or company that has or acquires a financial interest or rights under the Loan Agreement; and (4) 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, CSO or Lender elect to arbitrate any Claim you bring against CSO or Lender, 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” is given the broadest possible meaning and specifically includes any legal dispute between you, on the one hand, and CSO or Lender, on the other hand, that has anything at all to do with: (1) your Credit Services Terms, Conditions and Disclosures, your Application for Credit Services and Loan, this Arbitration Agreement, the Credit Services Agreement, the Loan Agreement or CSOs 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 includes a dispute about whether this Arbitration Agreement is valid or enforceable, about when it applies or about whether a dispute is arbitrable. It includes disputes about constitutional provisions, statutes, ordinances, regulations, compliance with contracts and wrongful acts of every type (whether intentional, fraudulent, reckless or negligent). 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 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, effect or enforceability of the prohibitions against class proceedings, private attorney general proceedings 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 the American Arbitration Association (the “AAA”), 1633 Broadway, 10th Floor, New York, NY 10019; or any other company selected by mutual agreement of the parties. Regardless of the Administrator used, AAA rules will apply. If the 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. 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.
YOU GIVE UP YOUR RIGHT TO A JURY TRIAL – IF YOU, CSO OR LENDER 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 CSO AND LENDER 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.