Application For Electronic Refund Account And (If So Designated) Refund Anticipation Loan (Ral) Form (Page 2 of 4) in pdf

8. ELECTRONIC REFUND ACCOUNT AGREEMENT and REFUND ANTICIPATION LOAN APPLICATION/AGREEMENT:

A. I hereby authorize and request Bank to establish a deposit account (Deposit Account) for the sole purpose of receiving the Direct Deposit of my federal

tax refund from the IRS and/or my state tax refund from the applicable State Taxing Authority. Prior to disbursing the balance of the Deposit Account to me

(the Disbursement), I authorize the Bank to deduct and pay any and all of the following fees and charges from the balance of the Deposit Account: (a) all

fees due the Bank and Refunds Now, (b) any or all fees due my Tax Return Preparer (TRP), Electronic Return Originator and Service Bureau (ERO), and/or

Transmitter, (c) the amount of my RAL, if one is outstanding, (d) any outstanding past due balance on any indebtedness of mine to Refunds Now, the Bank,

or any other entity or person, including the principal, applicable interest or finance charges, collection expenses and reasonable attorney fees, and (e)

applicable taxes. The Disbursement referred to above may be made to me by a Cashier’s Check. Alternatively, in lieu of a check, I may receive the

balance of the Deposit Account via ACH Direct Deposit to the bank account specified in Section 5 on page one of this Application. I understand that the

Bank is under no obligation to remit the balance of the Deposit Account to me by ACH Direct Deposit, and that this balance may for any reason be paid to

me in the form of an ERC. In such a case, I understand I will be charged the Bank fee for an ERC.

B. I understand that the issuance of a RAL Check to me constitutes an offer by the Bank to enter into a loan transaction with me. The terms of the

proposed loan transaction are set forth in this Application and supplemented by the check stub attached to the RAL Check. I understand that the amount of

my RAL will be determined at the discretion of the Bank and I hereby agree that my endorsement of the RAL Check (or other transfer of the RAL Check for

value) shall constitute my acceptance of the Bank’s offer, and that by endorsing the RAL Check, I obligate myself to the terms of the loan transaction. I am

not obligated to accept the Bank’s offer for a RAL. I may reject the Bank’s offer by declining to endorse the RAL Check. If I decline to endorse the RAL

Check (or otherwise transfer it for value), I may return the RAL Check to the Bank. In such event, the Bank will issue an ERC upon the receipt of the Direct

Deposit of my refund from the IRS or State Taxing Authority. In the event I have applied for a “Now RAL” and my request for a “Now RAL” is declined, I will

automatically be considered for a standard RAL. In the event I have applied for, or am being considered for, a standard RAL and my request for this type of

RAL is declined, the Bank will issue an ERC upon the receipt of the Direct Deposit of my refund from the IRS or State Taxing Authority. If I have elected to

apply for a RAL, the Bank is under no obligation to accept this application. The Bank will make a RAL to me if this application is approved by the Bank and

Refunds Now in its sole and absolute discretion.

By endorsing the RAL Check, I promise to pay to the Bank the Amount Financed plus the Finance Charge pursuant to the terms of this agreement and

those terms disclosed on the check stub attached to the RAL Check. Payment is due either when the Bank receives my income tax refund from the IRS or

State Taxing Authority or, if refund deposit is not made within 15 days, at the discretion of the Bank. I understand that I will be in default if I do not pay the

Bank the full amount of the RAL within seven (7) days after request for payment has been made. If I am in default of my RAL, I agree that the Bank’s

acceptance of partial payments or late payments shall not be a waiver of my obligation to pay the full amount of the RAL when due, including all fees and

charges associated therewith. If more than one person has executed the RAL Application, we agree that either of us, or both of us, together, shall be

required to repay the RAL to the Bank. I also agree the Bank has the right to withdraw from the Deposit Account sufficient funds to pay off my outstanding

RAL at any time and that the Bank can delay enforcing any of its rights under this Agreement without losing them. I further agree that my RAL, if any, is my

legal obligation and in the event of my default, to pay all costs of collection, applicable interest at an annual rate of 16% or the highest rate allowed by law,

and reasonable attorney fees (33% of the amount due plus actual costs shall be deemed reasonable for this purpose).

C. I hereby authorize and grant the Bank a security interest in the anticipated refund to be paid to me by the IRS and State Taxing Authority (if applicable)

for the 2002 tax year and in the Deposit Account described above and authorize the Bank, at its discretion, to send or transmit my ERC, RAL or any overage

check, as applicable, to me at my address or to the TRP or ERO for delivery to me and agree to hold the Bank harmless if the TRP or ERO does not timely

deliver the check(s) to me. In addition, I (a) understand that I shall in all events, be fully and directly responsible to pay all fees and charges for tax

preparation and electronic transmittal; (b) authorize the TRP to retain all signed tax related materials until all fees due the TRP are paid in full and

understand that the Bank may pay compensation to my TRP, ERO, and/or Transmitter for referring me to the Bank; (c) agree that my RAL (if any) may be

transferred, conveyed or assigned by the Bank to any other financial institution, individual or entity without my consent; (d) authorize the Bank to verify my

employment and any of the information on this Application and check my credit record through any nationally recognized credit bureau; (e) authorize my

TRP, ERO, Transmitter, and Bank to provide to each other, and to provide to the IRS, information obtained from my tax return, this application, and other

sources necessary to detect suspicious tax returns and/or possible fraudulent RALs, ERCs and/or ERDs; (f) consent to the IRS sending my TRP, ERO

and/or Transmitter an indication of refund offset and understand and agree that my TRP, ERO and/or Transmitter are hereby authorized to disclose to the

Bank an indication (either positive or negative) of such offset against my federal tax refund; (g) authorize the Bank to provide other RAL lenders, credit

reporting agencies, and my TRP, ERO and/or Transmitter with information regarding the status and payment history of my/our RAL and/or Deposit Account;

and (h) understand and agree that neither the Bank nor Refunds Now is affiliated with or warrants the accuracy of the TRP or tax return and that this

Application and the terms contained on my RAL check, if any, shall be governed by applicable federal laws and the laws of the Commonwealth of Kentucky.

9. WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT

In consideration of us providing you services, you agree to the terms of this arbitration provision as set forth below:

A. Facts about arbitration. Arbitration is a process in which persons with a dispute: (a) waive 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 a 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:

B. Scope of Arbitration. The words “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; (b)

all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to your Application, this Agreement (including this

arbitration provision and the fees charged), or any prior 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, officers, meters, governors, directors, managers, shareholders 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 by you as a private attorney general, as a representative and/or member of a class of persons, or in any other representative capacity,

against us and/or related third parties (hereinafter referred to as "Representative Claims"); and/or (i) 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.

C. Waiver of jury trial and participation in class action. You acknowledge and agree that by entering into this arbitration provision:

(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD

PARTIES; (b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE

ALLEGED AGAINST US OR RELATED THIRD PARTIES; and YOU ARE GIVING UP 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.

D. No class arbitration. Except as provided in Paragraph G below, all disputes including any Representative Claims against us and/or related third parties

shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS

ARBITRATION; 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.

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