Jury Trial Waiver, Class Action Waiver, and Arbitration Agreement

What is arbitration?

An alternative to court

In arbitration, a neutral third-party arbitrator ("Arbitrator") resolves Disputes in an informal hearing on an individual basis.

Is it different from court and jury trials?

Yes

The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a court lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.

Can you opt-out of this Arbitration reement?

Yes, within 60 days

If you do not want this Arbitration Agreement to apply, you must send us a signed notice within 60 calendar days after using our website, providing us your personal information, or applying for the financial services and products we offer. You must send the notice in writing (and not electronically) to Symple Lending, LLC at 1821 E Dyer, Suite 210, Santa Ana CA 92705. Provide your name, physical mailing address, telephone number and email address. State that you "opt out" of the Arbitration Agreement. Opting out will not affect the other disclosures, consents, or agreements that you entered into with us or our Partners. If you opt out, it will apply only to that agreement.

What is this Arbitration Agreement about?

The parties' agreement to arbitrate Disputes

Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate individually or require individual arbitration of any "Dispute" as defined below.

Who does the Arbitration Agreement cover?

You, us and certain "Related Parties"

This Arbitration Agreement governs you and us, your heirs and our agents. It also covers certain "Related Parties": (1) our parents, subsidiaries, affiliates and their successors and assigns; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us including our Partners.

What Disputes does the Arbitration Agreement cover?

All Disputes (except certain Disputes about this Arbitration Agreement)

This Arbitration Agreement governs all "Disputes" that would usually be decided in court and are between us (or any Related Party) and you. In this Arbitration Agreement, the word "Disputes" has the broadest reasonable meaning. It includes all claims even indirectly related to your use of our websites, inquiries and applications for the financial services and products we offer or this Agreement (including without limitation your application, your account, past agreements, information you previously gave us, privacy and customer information) or the relationships between you and us and/or "Related Parties" resulting therefrom including loans, extensions, renewals, refinancings, payment plans, collections, and debt settlement programs. "Disputes" include, but are not limited to, initial claims, counterclaims, cross-claims and third- party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and equity. It includes claims that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage or scope of this Arbitration Agreement or any part of this Arbitration Agreement. (This includes a Dispute about the rules against class arbitration and against an Arbitrator issuing relief to anyone except you, us and Related Parties.) All such disputes are for a court and not an Arbitrator to decide. But a Dispute about this Agreement as a whole is for an Arbitrator, not a court, to decide.

Who handles the arbitration?

Usually AAA

Arbitrations are conducted under this Arbitration Agreement and the rules of the arbitration administrator in effect when the arbitration is started. The arbitration administrator will be either:

The American Arbitration Association ("AAA"), 120 Broadway, 21st Floor, New York, NY 10271, www.adr.org. Any other company picked by agreement of the parties.

If all the above options are unavailable, a court with jurisdiction will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Arbitration Agreement. The Arbitrator will be selected under the administrator's rules. However, the Arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree.

Can Disputes be litigated?

Sometimes

Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court or an equivalent court, so long as the Dispute is pending only in that court. Both parties may use lawful self-help remedies. This includes set-off or repossession and sale of any collateral. Both parties may seek remedies which don't claim money damages. This includes pre-judgment seizure, injunctions, or equitable relief. Even if all parties have opted to litigate a Dispute in court, you or we may elect arbitration with respect to any Dispute made by a new party or any Dispute later asserted by a party in that or any related or unrelated lawsuit (including a Dispute initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.

Are you and we giving up any rights?

Yes

For Dispute that are arbitrated under this Arbitration Agreement, you and we give up our rights to:

1. Have juries decide Disputes.
2. Have courts, other than small-claims courts, decide Disputes.
3. Serve as a private attorney general or in a representative capacity in court or in arbitration.
4. Join a Dispute that you, we or Related Parties have with a dispute that others have.
5. Bring or be a class member in a class action in court or in a class arbitration.

The arbitrator shall have no authority to conduct any arbitration inconsistent with this section or to issue any relief that applies to any person or entity except you or us or Related Parties individually.

Are you waiving class action rights?

Yes

COURTS AND ARBITRATORS WON'T ALLOW CLASS ACTIONS. If we elect to arbitrate a Dispute, you waive your rights to be in a class action in court or in arbitration, as a representative and a member. Only individual arbitration, or small-claims courts, will resolve Disputes. You waive your right to bring representative claims including private attorney general claims. Moreover, unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Dispute in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Dispute of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No arbitration group or Arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section shall be determined exclusively by a court and not by the administrator or any Arbitrator.

Can you or another consumer start a class arbitration?

No

The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Arbitration Agreement must be decided in an individual arbitration or an individual small-claims action. You may not pursue any type of collective action or class action against us in arbitration.

What law applies?

The Federal Arbitration Act ("FAA")

This Agreement and the financial services and products that we offer involve interstate commerce. Thus, the FAA governs this Arbitration Agreement. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. The Arbitrator is authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), declaratory, injunctive and other equitable relief, and attorneys' fees and costs. In the event of any conflict or inconsistency between this Arbitration Agreement and the administrator's rules or the Agreement, this Arbitration Agreement will govern.

Will this Agreement continue to govern?

Yes, unless otherwise agreed

The Arbitration Agreement stays effective unless the parties sign an agreement stating it doesn't or you timely opt out by the process described below. This Agreement governs if you use our websites, provide your personal information through an inquiry or an application for the financial services and products we offer, and/or obtain financial products and services or enter into an agreement with one of our Partners. It governs a discharge of obligations through bankruptcy. The Arbitration Agreement remains effective, despite a transaction's termination, amendment, expiration, or performance.

What must a party do before starting a lawsuit or arbitration?

Send a written Dispute notice and work to resolve the Dispute

We can try to resolve Disputes if you call us at ____________. If this doesn't resolve the Dispute, before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to Symple Lending, LLC 1821 E Dyer, Suite 210, Santa Ana, CA 92705. You or an attorney you have personally hired must sign the notice and must provide the account number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.

How does an arbitration start?

Mailing a notice

If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Arbitration Agreement. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers, such as a motion to compel arbitration. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop unless a court rules otherwise.

Will any hearing be held nearby?

Yes

The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing shall take place either in Hillsborough County, State of Florida or in your county and state of residence.

What about appeals?

Very limited

Appeal rights under the FAA are very limited. The Arbitrator's award will be final and binding. Any appropriate court may enter judgment upon the Arbitrator's award. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.

Who bears arbitration fees?

Usually, we do.

We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay. We will always pay amounts required under applicable law or the administrator's rules or if payment is required to enforce this Arbitration Agreement.

When will we cover your legal fees and costs?

If you win.

If you win arbitration, we will pay the reasonable fees and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator's rules or if payment is required to enforce this Arbitration Agreement. The Arbitrator shall not limit an award of these amounts because your Dispute is for a small amount.

Will you ever owe us for arbitration or attorneys' fees?

Only for bad faith.

The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Arbitration Agreement invalid.

Can an award be explained?

Yes.

A party may request details from the Arbitrator within 14 days of the ruling. The Arbitrator will determine whether to grant such request.

What happens if a part of this Arbitration Agreement cannot be enforced?

It depends.

If any portion of this Arbitration Agreement cannot be enforced, the rest of the Arbitration Agreement will continue to apply, except that (A) this Arbitration Agreement (except for this sentence) will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal, and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.