THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” LENDER EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LENDER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR LENDER’S SERVICES IS AT YOUR OWN RISK. LENDER AND/OR ITS PARTICIPATING LENDERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR LENDER’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LENDER OR ITS PARTICIPATING LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF LENDER, ITS PARTICIPATING LENDERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. TEXT MESSAGING (SMS) Terms and Conditions These Terms and Conditions apply to each Loan you have with us for which you have elected to receive text messages on your mobile telephone with the number you have provided to us which are also called Short Message Service (SMS) messages. 1. As used in this Disclosure, “SMS Statement Notifications” means any SMS (text message) communication from us to you pertaining to your Loan, including, but not limited to, payment information, account information, due dates, delinquent accounts, program updates, promotions, coupons and other marketing messages. 2. How to UNSUBSCRIBE. You may withdraw your consent to receive SMS Statement Notifications by emailing us at [email protected] or you may call us at 1-855-PAYDAY-8. At our option, we may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number, as a withdrawal of your consent to receive SMS Statement Notifications. We will not impose any fee to process the withdrawal of your consent to receive SMS Statement Notifications. Any withdrawal of your consent to use SMS Statement Notifications will be effective only after we have a reasonable period of time to process your withdrawal. 3. For HELP on Services. To request additional information, email us at [email protected] or contact us by telephone at 1-855-PAYDAY-8. 4. How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete mobile number and to maintain and update promptly any changes in this information. You can update your mobile number by calling our Customer Service Center at 1-855-PAYDAY-8. 5. Service Availability. The services are available on the following carriers: AT&T, Verizon Wireless,T-Mobile, Sprint, Nextel, Dobson, U.S. Cellular, and Virgin Mobile. Additional carriers are added as they become available. 6. Hardware and Software Requirements. To access, view, and retain SMS Statement Notifications that we make available to you, you must have: An SMS-capable mobile phone; An active mobile phone account with a communication service provider; Sufficient storage capacity on your mobile phone. 7. Communications in Writing. All SMS Statement Notifications in electronic format from us to you will be considered “in writing.” 8. CHARGES. There is no service fee for SMS Statement Notifications but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communication service provider. Other charges may apply. Such charges may include those from your communication service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account settings. 9. Other Important Terms. Additionally, you agree that we may send any SMS Statement Notifications through your communication service provider to deliver them to you and that your communication service provider is acting as your agent in this capacity. You agree to provide a valid mobile phone number for these services so that we may send you certain information about your Loan. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. SMS Statement Notifications are provided for your convenience and do not replace your Account statement(s), which are the official record of your Loan. Receipt of each SMS Statement Notifications may be delayed or impacted by factor(s) pertaining to your communication service provider(s). We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the SMS Statement Notifications sent by us. 10. Changes in Terms and Conditions and SMS Text Messaging. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other user or a third party. We reserve the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you are timely notified of any changes. ARBITRATION AND WAIVER OF JURY TRIAL This Agreement includes a binding Waiver of Jury Trial and Arbitration Provision. You may opt out of the Waiver of Jury Trial and Arbitration Provision by following the instructions in paragraph number 2 below. Waiver of Jury Trial and Arbitration Provision. We have retained agents (people who work for us but are not our employees) to help us in originating and servicing your Loan. You agree that any agents retained by us, the operator of the website where you submitted your application, and the purchaser(s) of any interest in your Loan are express third–party beneficiaries of this Waiver of Jury Trial and Arbitration Provision (the “Arbitration Provision”), and are entitled to enforce it to the same extent if they signed this Agreement. 1. FACTS ABOUT ARBITRATION. ARBITRATION IS A PROCESS IN WHICH A PERSON WITH A DISPUTE: (A) WAIVES THEIR RIGHTS TO FILE A LAWSUIT AND PROCEED IN COURT AND TO HAVE A JURY TRIAL TO RESOLVE THEIR DISPUTES; AND (B) AGREE, INSTEAD, TO SUBMIT THEIR DISPUTES TO A NEUTRAL THIRD PERSON (AN “ARBITRATOR”) FOR DECISION. EACH PARTY TO THE DISPUTE HAS AN OPPORTUNITY TO PRESENT SOME EVIDENCE TO THE ARBITRATOR. PRE-ARBITRATION DISCOVERY MAY BE LIMITED. ARBITRATION PROCEEDINGS ARE PRIVATE AND LESS FORMAL THAN COURT TRIALS. THE ARBITRATOR WILL ISSUE A FINAL AND BINDING DECISION RESOLVING THE DISPUTE, WHICH MAY BE ENFORCED AS A COURT JUDGMENT. A COURT RARELY OVERTURNS AN ARBITRATOR’S DECISION. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: 2. Rejection of Arbitration. I may reject arbitration by sending a notice (“Rejection Notice”) that we receive within three (3) Banking Days after the Origination Date. Any Rejection Notice must be signed by you and must include my name, address, telephone number and Agreement number or date. 3. Where to Send Notice to Reject Arbitration.You must mail my Rejection Notice or send it by messenger service (such as Federal Express) to us Sunsetpayday, c/o Morning Star Holdings Limited, Main Street, P.O. Box 556, Charlestown, Nevis – attn: Arbitration. In the event of any dispute concerning whether you have provided a Rejection Notice within the time permitted, you must provide a signed receipt or a fax confirmation that proves you sent it to us in time. This is the only method you can use to reject this 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. 4. Definitions.The following definitions apply to this arbitration provision: “Administrator” means either the American Arbitration Association or the National Arbitration Forum. Each of these companies maintains an Internet website, publishes pamphlets, and is otherwise available to answer frequently asked questions about arbitration. We encourage you to contact them directly with any questions you may have about them or arbitration. You can contact them at: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2381; American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879. “Dispute” and “Disputes” are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to the Loan Agreement (including the Arbitration Provision), the information you gave us before entering into the Loan Agreement, including the Application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) subject to Section 6 below, all claims asserted by you as a private attorney general, as a representative and/or member of a class of persons, and/or in any other representative capacity, against us and/or related third parties (hereinafter referred to as “Representative Claims”); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. 5. Waiver of Jury Trial and Participation in Class Action. You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; (b) YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT OTHER THAN A SMALL CLAIMS TRIBUNAL RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and (c) YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES. 6. No Class Actions. All disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration only. Disputes shall be resolved on an individual basis with you.THEREFORE, THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONDUCT CLASS ARBITRATION OR TO CONSOLIDATE CLAIMS OF MULTIPLE PARTIES; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. NOT WITHSTANDING ANY OTHER PROVISION HEREIN, THE ARBITRATOR SHALL NOT HAVE THE POWER OR AUTHORITY TO DETERMINE IF THIS SECTION 6 IS VALID AND ENFORCEABLE. ONLY A COURT SHALL HAVE SUCH POWER AND AUTHORITY. 7. Starting the Arbitration. Any party to a Dispute, including related third parties, may send the other party written notice by certified mail, return receipt requested, of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. 8. Selection of Arbitrator. Regardless of who demands arbitration, you shall have the right to select either the American Arbitration Association or National Arbitration Forum. Their contact information is above. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association and arbitrate pursuant to such arbitrator’s rules. The party receiving notice of arbitration will respond in writing by certified mail, return receipt requested, within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail, return receipt requested, of your decision to select one of the Administrators or your desire to select a local arbitrator. If you fail to notify us, then we have the right to select one of the Administrators. 9. What Rules Apply to the Arbitration. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”), applicable statutes of limitation, and shall honor claims of privilege recognized at law. The parties to such Dispute will be governed by the rules and procedures of the Administrator selected applicable to consumer disputes to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator in this Arbitration Provision. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above. 10. Other Arbitration Rules. In addition to the parties’ rights to obtain discovery pursuant to the applicable arbitration rules, either you or us may submit a written request to the arbitrator to expand the scope of discovery normally allowed under the rules of the Administrator selected. The arbitrator shall have discretion to grant or deny such request. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration, the arbitrator shall not apply any federal rules of civil procedure or evidence. 11. The Decision of the Arbitrator. At the request by you or us, the arbitrator shall provide a written explanation for the award. The arbitrator must approve the explanation. The arbitrator will apply the applicable substantive law relating to the Dispute and award any remedies available as if the Dispute was heard by a court. The arbitrator’s award may be filed with any court having jurisdiction. Regardless of whether the arbitrator renders a decision or an award in your favor resolving the Dispute, you will not be responsible for reimbursing us for your portion of the Arbitration Fees. 12. Location of Arbitration. The arbitration hearing will be conducted in the county of your residence, within 30 miles from such county, or in such other place as shall be ordered by the arbitrator. 13. Payment of Arbitration Fees. If you demand arbitration, then at your request we will advance your portion of the expenses associated with the arbitration, including the filing, administrative, hearing and arbitrator’s fees (collectively the “Arbitration Fees”). If related third parties or we demand arbitration, then at your written request we will advance your portion of the Arbitration Fees. Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees provided that if an arbitrator finds in your favor or the law requires it, we will pay your attorney fee and costs. 14. Appeal of Decision. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the dispute is greater than $7500, either you or we can appeal the award to a three-arbitrator panel administered by the selected Administrator which shall reconsider any aspect of the initial award requested by the appealing party. 15. Small Claims Tribunal. You and us, including related third parties, shall have the right to go to a small claims court for Disputes within the scope of such court’s jurisdiction. Any Dispute that cannot be brought in a small claims court shall be resolved by binding arbitration. Any appeal of a judgment from a small claims court shall be resolved by binding arbitration. 16. Governing Law. This Agreement shall be governed by and read in accordance with the laws of Charlestown, Nevis excluding its conflicts of laws principles. To the broadest extent possible, any state law claims you may assert against us relating to this Loan Agreement, and any state law claims we may assert against you relating to this Loan Agreement, will be governed by the laws of Charlestown, Nevis regardless of where you may be viewing or accessing this site. The Waiver of Jury Trial and Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”) because the transaction evidenced by this Loan Agreement involves interstate commerce. If a final, non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then the Arbitration Provision shall be governed by Charlestown, Nevis. 17. Severability. If any part of this Agreement, including any part of the Arbitration Provision is held invalid or unenforceable, such provision will be considered changed to the extent necessary to comply with law, and the validity or enforceability of any other provision will not be affected; provided, however, that if paragraph 6 precluding the arbitrator from conducting a class or consolidated arbitration is deemed invalid or unenforceable, the entire Arbitration Provision shall be deemed void and if class action litigation or a class-wide arbitration is permitted for any reason with respect to any dispute, either party may require that the entire dispute be heard by a judge, sitting without a jury, under applicable court rules and procedures. These Terms constitute the entire agreement between you and Lender. These Terms shall be governed by the laws Charlestown, Nevis without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by Lender to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Lender may amend these Terms at any time by posting the amended terms on its web site. All amended terms are automatically effective immediately, upon posting.