ACE Cash Express: Privacy Policy

ARBITRATION PROVISION AND PRIVACY NOTICE
	ARBITRATION PROVISION PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT, UPON THE ELECTION OF EITHER PARTY, ANY LEGAL DISPUTE BETWEEN THE PARTIES 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. Right to Reject Arbitration Provision: IF I ACT PROMPTLY, I MAY REJECT THIS ARBITRATION PROVISION, IN WHICH EVENT NEITHER YOU NOR I WILL HAVE THE RIGHT TO REQUIRE ARBITRATION OF SOME OR ALL CLAIMS (AS SUCH TERM IS DEFINED BELOW). REJECTION OF THE ARBITRATION PROVISION WILL NOT AFFECT ANY OTHER ASPECT OF MY LOAN, MY DEFERRED PRESENTMENT AGREEMENT OR YOUR WILLINGNESS TO MAKE FUTURE LOANS TO ME. TO REJECT THE ARBITRATION PROVISION, I MUST ACT WITHIN THE TIME FRAME AND FOLLOW THE INSTRUCTIONS SET FORTH BELOW UNDER THE CAPTION "REJECTION OF ARBITRATION PROVISION." Certain Definitions: Capitalized words defined in my Deferred Presentment Agreement have the same meanings in this Arbitration Provision. Certain other terms used in this Arbitration Provision have special meanings: "I", "me", and "my" mean the Borrower named in the Deferred Presentment Agreement. "You" and "your" mean: (1) ACE Cash Express, Inc. ("ACE"); (2) any company that owns or controls ACE (a "Parent Company"); (3) any company that is controlled by a Parent Company and/or ACE; (4) any person or company with a financial interest in the Loan including, but not limited to, collection companies and their employees in the collection of my debt; (5) any person or company entitled by law to the rights under this Arbitration Provision of any company identified in (1)-(4) above; and (6) any employee or other individual who manages, controls or provides services to any such person or company. Also, if either you or I elect to arbitrate any Claim I bring against you, "you" and "your" include any other persons or companies whom I make a Claim against. "Claim" means any legal dispute between me and you that has anything at all to do with: (1) my Deferred Presentment Agreement or this Arbitration Provision; (2) any similar prior agreement between me and you; (3) my application for my Loan and any similar prior loan from you ("Prior Loan"); (4) your servicing or collection of my Loan or any Prior Loan; or (5) any advertising, promotion, disclosure or notice relating to my Loan or any Prior Loan. This includes a dispute about whether this Arbitration Provision is valid or enforceable or about when it applies, if the 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 just negligent). This Arbitration Provision applies to actions, omissions and events prior to the date of my Deferred Presentment Agreement. It applies to disputes involving requests for injunctions and/or other equitable relief. Notwithstanding any language in this Arbitration Provision 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 and/or multiple-party proceedings described under the caption "Prohibition Against Certain Proceedings," and any such dispute shall be resolved by a court and not by an arbitrator or arbitration administrator. "Administrator" means either the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"). I get to select the Administrator if I give you written notice of my selection with my notice that I am electing to arbitrate any Claim or within 20 days after you give me notice that you are electing to arbitrate any Claim. If I do not select the Administrator on time, you will do it. If for any reason the Administrator either party selects is unable or unwilling to serve or continue to serve as Administrator, I will have 20 days to select one of the other permitted Administrators identified above. Notwithstanding the foregoing, no arbitration may be adminstered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Provision. Important Notice: IF YOU OR I ELECT TO ARBITRATE A CLAIM, I WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, MY ABILITY TO OBTAIN INFORMATION FROM YOU AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT I WOULD HAVE IF I WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. "Prohibition Against Certain Proceedings:" IF YOU OR I ELECT TO ARBITRATE A CLAIM: (1) NO PARTY MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A REPRESENTATIVE OR CLASS MEMBER; (2) NO PARTY MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN THE ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST ME 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. How does a party initiate arbitration? The party filing an arbitration must give written notice of an intention to initiate or to 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, any Claim shall be resolved by arbitration under this Arbitration Provision and, to the extent consistent with this Arbitration Provision, 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 Administrator will pick the arbitrator. Unless you and I agree to the contrary, the arbitrator(s) must be a lawyer with more than 10 years of experience or a retired judge. You promise you will not elect to arbitrate an individual Claim that I bring against you in small claims court. However, you may elect to arbitrate a Claim involving multiple parties or a Claim that is transferred or appealed to any different court. If I have questions about initiating an arbitration or want copies of arbitration rules or fee schedules I may contact the arbitration companies identified above as follows: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com; American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017, www.adr.org. Arbitration Location and Costs: Any arbitration hearing that I attend will take place in the federal judicial district where I live. If I cannot afford to pay the fees charged by the Administrator or if I believe that such fees are too high, you promise to consider in good faith any reasonable written request by me for you to bear the cost. Of course, you will pay any fees or expenses you are required to pay by law. I will never be required to pay you any fees you have previously paid to the Administrator. Each party must bear the expense of that party's attorneys, experts and witnesses, regardless of who wins the arbitration, except to the extent that applicable law and/or the Administrator's rules provide otherwise. Applicable Law: I acknowledge and agree that my Deferred Presentment Agreement involves interstate commerce and this Arbitration Provision is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. �1 et seq. 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 either party, 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 Provision. In the event of a conflict between this Arbitration Provision and the rules or policies of the Administrator, this Arbitration Provision 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, either party may request the arbitrator in writing to allow that party to get more information. A copy of such request must be provided to the other party. That party will then have the chance to object in writing within 30 days. The objection must be sent to the arbitrator and the other party. The arbitrator will decide the issue in his or her sole discretion and is expected to do so within 20 days after any objection to providing expanded information is submitted. Effect of Arbitration Award: Any appropriate court 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 $100,000. For these Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator. That panel will reconsider from the start any aspect of the initial award that either 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 provides 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, you promise to consider in good faith any reasonable written request by me for you to bear the cost. Survivability and Severability of Terms: This Arbitration Provision shall survive: (i) termination or changes in my Deferred Presentment Agreement; and (ii) the bankruptcy of any party. If any portion of this Arbitration Provision (other than the prohibitions against class proceedings, private attorney general proceedings and/or multiple-party proceedings described under the caption "Prohibition Against Certain Proceedings") is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made that the prohibition against class proceedings, private attorney general proceedings and/or multiple-party proceedings is unenforceable, this Arbitration Provision (other than this sentence) shall be null and void. Any different agreement regarding arbitration must be agreed to in writing. Prior Arbitration Agreements: If I am already party to any Arbitration Provision with you that provides for arbitration of any claims, disputes or controversies with respect to a Prior Loan, and if I do not opt out of this Arbitration Provision, then this Arbitration Provision and not my prior Arbitration Provision shall apply to such claims, disputes and controversies. Rejection of Arbitration Provision: You may reject this Arbitration Provision by sending us a notice ("Rejection Notice") that we receive within thirty (30) days after the date of my Deferred Presentment Agreement. Any Rejection Notice will apply only to this Arbitration Provision and not to any other arbitration provision or arbitration agreement, which may apply to a Prior Loan or a future loan similar to the Loan. Any Rejection Notice must include your name, address, telephone number and loan number. You must mail your Rejection Notice or send it by messenger service (such as Federal Express) to Vice President of Compliance, ACE Cash Express, Inc., 1231 Greenway Drive, Irving, TX 75038. In the event of any dispute concerning whether you have provided a timely Rejection Notice, you must provide a signed receipt. This is the only method you can use to reject the Arbitration Provision. If the Rejection Notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on your behalf. PRIVACY NOTICE ACE Cash Express, Inc. understands that your privacy is very important to you. We want every customer, associate, and vendor to know how we protect a customer's financial privacy. This policy exists so that everyone can understand what our business practices are in handling the nonpublic personal information that is provided to ACE. ACE has one privacy policy for consumers that applies to all of ACE's brands, locations, companies, and subsidiaries. ACE's policy applies to all nonpublic personal information about a customer that is obtained by ACE in connection with providing you with financial products or services. Our policy will continue to cover nonpublic personal information we may collect during the course of the customer relationship with ACE as well as after the relationship has ended. ACE depends on a variety of sources of information to meet our obligation of providing efficient and appropriate levels of service. We collect information about you from: information you provide us on new customer cards, applications, and account set-up screens, such as your name, address, telephone number, Social Security number and other information you provide to us; and information about your transactions with us, our affiliates, or other nonaffiliated third parties, including how often you visit our stores, your recent transactions, size of checks, telephone requests, services purchased and other retail transaction information. ACE restricts access to nonpublic personal information about you to employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. In order to provide you with the products or services you request or to make you aware of financial products or services that might be of interest to you, we may disclose the information we collect, as described above, to companies that perform administrative or marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. These companies are not permitted to use or share this information for any other purpose. We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law. We want you to know that we do not sell customers' names, addresses, telephone numbers or any other information to telephone solicitors, sales organizations, mailing lists sellers, database marketers or others. If you have any questions about our privacy policy, you may write to Vice President of Compliance, ACE Cash Express, Inc., 1231 Greenway Drive Suite 600, Irving, TX 75038 or call 1-866-223-2274. Web and E-Marketing Privacy Policy Statement of ACE Cash Express, Inc. Our postal address is 1231 Greenway Drive, Suite 600 Irving, TX 75038 We can be reached via e-mail at aceonline@acecashexpress.com or you can reach us by telephone at 888-753-2384 For each visitor to our Web page, our Web server automatically recognizes the consumer's domain name and e-mail address (where possible). We collect the domain name and e-mail address (where possible) of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number. The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Web site, and used by us to contact consumers for marketing purposes. With respect to cookies: We use cookies to store visitors preferences, record user-specific information on what pages users access or visit, alert visitors to new areas that we think might be of interest to them when they return to our site. If you do not want to receive e-mail from us in the future, please let us know by calling us at the above telephone number. If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by e-mailing us at the above address. Please provide us with your exact name and address. We will be sure your name is removed from the list we share with other organizations Persons who supply us with their telephone numbers on-line may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by calling us at the above telephone number. Please provide us with your name and phone number. We will be sure your name is removed from the list we share with other organizations With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number. *LAST UPDATED: April 14, 2008*