Gwendolyn Massey
Whiteriver,AZ
Overview
25
25
years of professional experience
Work History
Stamper
WMATCO LLC
10.2019 - 08.2022
- Operated stamping machinery to produce high-quality products
- Assisted in maintaining safe and clean work environment
- Learned and adhered to safety protocols during operations
- Collaborated with team members to meet production goals
Cashier Relief PIC
Hondah Casino
06.1997 - 09.1999
- Processed customer transactions using point-of-sale systems with accuracy. Assisted customers with cash, credit, and check payments to maintain financial accuracy. Supported training of new cashiers on procedures and customer service expectations. Kept cashier area clean and organized to improve customer satisfaction.
Education
High School Diploma -
WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT
THIS IS NOT AN EXECUTED CONTRACT NOR A COMMITMENT TO LEND TRANSFORM CREDIT INC. WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT Loan Number; 0609163304321631302504 Borrower Name: Gwendolyn Massey Borrower Address; 2505 N Falcon Ave whiteriver, Az, Whiteriver AZ 85941 THE TERMS AND CONDITIONS OF THIS WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT ("AGREEMENT") ARE IMPORTANT. PLEASE READ THE ENTIRE AGREEMENT. In this Agreement, the borrower is identified herein as Customer. The words "you" and "your" refer to the person identified next to the heading, "Borrower Name." The words "we", "us" and "our" mean Transform Credit Inc. who may or may not extend credit to Customer as a result of this transaction. The parties to this agreement are Lender and Customer. 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-hearing 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, IN CONSIDERATION OF OUR MUTUAL PROMISES CONTAINED HEREIN, AND IN ORDER TO INDUCE US TO CONSIDER YOUR APPLICATION FOR CREDIT SERVICES, YOU ACKNOWLEDGE AND AGREE WITH US AS FOLLOWS: 1. For purposes of this Agreement, 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: (i) Customer’s application for a loan under the Promissory Note, (ii) the Guaranty and Indemnity Agreement with the guarantor ("Guarantor") which will be entered into by Guarantor if Customer’s loan application is accepted by us, and (iii) Customer’s request that the Lender provide a loan under the Promissory Note, if any, to be entered into between Customer and the Lender; (b) all claims, disputes, or controversies arising from or relating directly or indirectly to this Agreement, the signing of this Agreement and/or the validity and scope of this Agreement and any claim or attempt to set aside this Agreement; (c) all federal or state law claims, disputes or controversies arising from or relating directly or indirectly to the transactions contemplated in connection with Customer’s request for a loan, the guaranty of such loan by Guarantor and/or assistance in obtaining the loan, as well as any of the documents referenced above, including but not limited to the Promissory Note, the application for loan and the Guaranty and Indemnity Agreement; (d) the information provided or that we otherwise collected in connection with Customer’s request for a loan and/or assistance in obtaining such loan; (e) all claims, disputes, or controversies arising from or relating directly or indirectly, in whole or in part, to any agreement(s) and/or transaction(s) between you on the one hand the Lender on the other, and the Guarantor on one hand and us on the other, including without limitation all such past and subsequent agreement(s) and/or transaction(s), if any; (f) all counterclaims; (g) all common law claims between you and/or the Lender including without limitation, those based upon contract, tort, negligence, fraud or other intentional torts; (h) all claims which are based upon an alleged violation of any state or federal constitution, statute or regulation; (i) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (j) all claims asserted by you against us, and/or any of our employees, directors, officers, shareholders, partners, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or the right to equitable or injunctive relief; (k) all claims asserted on your behalf by another person related to your transactions with us for credit services under the Promissory Note or the Guaranty and Indemnity Agreement; and/or (l) all claims arising from or relating directly or indirectly to the disclosure or use by us or our respective related third parties of any non-public personal information about you. 2. By signing this Agreement, each party to this Agreement acknowledges and agrees to: (a) GIVE UP THE RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES; (b) GIVE UP THE RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL AND STATE COURT EQUIVALENT, RESOLVE ANY DISPUTE ALLEGED AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES IF WE OR YOU ELECT TO HAVE THE DISPUTE DECIDED THROUGH ARBITRATION PURSUANT TO THIS AGREEMENT; (c) GIVE UP THE RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED IN COURT AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES; and (d) GIVE UP THE RIGHT TO CONDUCT CLASS ARBITRATION OR SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION FILED AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES. 3. Except as provided in Paragraph 6 below or as otherwise required by law, all disputes shall be resolved confidentially by binding arbitration only on an individual basis with you. ADDITIONALLY, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. DISPUTE(S) BETWEEN YOU AND US MAY NOT BE CONSOLIDATED WITH DISPUTE(S) BETWEEN YOU OR US AND ANY OTHER(S) FOR ANY PURPOSE(S). 4. Any party to a dispute, including related third parties, shall send the other party written notice of intent to arbitrate, setting forth the subject of the dispute along with the relief requested, by certified mail, return receipt requested, even if a lawsuit has been filed. Your notice must be sent to: Transform Credit Inc., 1440 W. Taylor Street, #431, Chicago, IL 60607. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association, http://www.adr.org, in accordance with its Commercial Dispute Resolution Procedures and the Consumer-Related Disputes Supplementary Procedures; or Judicial Arbitration and Mediation Services, Inc. ("JAMS") (800-352-5267) http://www.jamsadr.com, in accordance with its Streamlined Arbitration Rules & Procedures. 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 you chose to select a local arbitrator but we cannot agree on a local arbitrator, you shall be required to select one of the arbitration organizations listed above. If we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your selection of an arbitration organization or your desire to select a local arbitrator. If you fail to provide notice of your selection to us, then we shall have the right to select an arbitration organization. The parties agree to be governed by the rules and procedures of such arbitration organization applicable to consumer disputes to the extent those rules and procedures do not contradict the express terms of this Agreement, including the limitations on the arbitrator herein. You may obtain a copy of the rules and procedures by contacting the arbitration organizations listed above. This Agreement may contain limitations of certain forms and amounts of damages that are recoverable in any arbitration or trial, and limitations related to the time periods within which each party must act to preserve its rights to proceed with a claim. Also, this agreement contains requirements for the payment of fees and costs associated with arbitration. To the extent any of these limitations or requirements are found to be in conflict with a mandatory provision of applicable law, the conflicting limitation or requirement shall be modified automatically to comply with the mandatory provision of law, without affecting the validity or enforceability of any other provision in this Agreement, and without affecting the validity or enforceability of the limitations or requirement in any other jurisdiction. In the event that a court or arbitrator with authority to enforce this Agreement determines that any specific term or provision contained in this Agreement is unenforceable, such term or provision may be severed from this Agreement without invalidating the remainder of the Agreement. 5. Regardless of who demands arbitration, at your request we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator’s fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act ("FAA") and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence, or within 30 miles from such county, or in the county in which the transactions for credit services by us and/or the extension of credit by the Lender contemplated in connection with this Agreement occurred, or in such other place as shall be ordered by the arbitrator. 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 proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, or if you dismiss any arbitration initiated by you before the arbitrator renders a decision, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which could have been assessed as court costs if the dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. The arbitrator’s award may be enforced in any court having jurisdiction. 6. All parties and/or related third parties shall retain the right to seek adjudication in a small claims tribunal or its state court equivalent, for disputes within the scope of such tribunal’s jurisdiction. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. As an alternative to small claims court or its state court equivalent, all parties and/or related third parties shall retain the right to seek adjudication in a higher court or court of general jurisdiction, but all parties agree that the parties will not have such a right and thus waive such a right if either you or we elect to arbitrate the dispute pursuant to this Agreement. The institution and maintenance by you, us or the Lender of any action set forth in this Paragraph 6 shall not constitute a waiver of the right to submit any dispute to arbitration, including any counterclaim asserted. 7. Each party agrees that all disputes between the parties to this Agreement shall be arbitrated on an individual basis. This requirement is for the protection of the privacy and confidentiality interests of the parties, and for the efficient resolution of specific disputes. This provision means that the parties are prohibited from combining, consolidating or joining any claim they may have against one another with those of any other individual, or from representing or joining a class of claimants, or from acting as a private attorney general on behalf of other claimants in any arbitration, and that an arbitrator is prohibited from creating or maintaining such an action. 8. The parties acknowledge that this Agreement is made pursuant to a transaction involving interstate commerce. Therefore, the parties agree that the enforceability and interpretation of this Agreement shall be governed, in the first instance, by the Federal Arbitration Act ("FAA"). To the extent that the FAA does not apply to this Agreement, in whole or in part, then this Agreement shall be governed, to the extent the FAA is found not to apply, by applicable state law of AZ. 9. This Agreement is binding upon and benefits you, the Lender, and our respective heirs, successors, assigns and related third parties. The Agreement shall continue in full force and effect, even if any party’s obligations have been paid or discharged through bankruptcy. This Agreement shall survive any termination, amendment, expiration or performance of any transaction between any of the parties and shall continue in full force and effect unless otherwise agreed in writing by the parties. Notwithstanding anything above, this Agreement does not waive your rights or our rights in bankruptcy court to lift any stay of bankruptcy filed by you, Guarantor or us. 10. OPT OUT PROCESS. You may choose to opt-out of arbitration of your claims and/or disputes, but only by following the process set forth below. THIS OPT-OUT DOES NOT APPLY TO ANY CLASS ACTION WAIVER, MASS ACTION WAIVER YOU EXECUTED AND AGREED TO IN YOUR PROMISSORY NOTE. THIS OPT-OUT DOES NOT APPLY TO ANY CLASS ACTION WAIVER YOU AGREED TO BY SIGNING THIS AGREEMENT. BY OPTING OUT OF ARBITRATION IN THIS PARAGRAPH, YOU ARE ONLY OPTING OUT OF THE ARBITRATION OF YOUR DISPUTES, INCLUDING ANY COUNTERCLAIMS AND DEFENSES. BY OPTING OUT OF ARBITRATION, YOU WILL STILL BE ABLE TO ADJUDICATE YOUR DISPUTES IN COURT, BUT YOU AGREE THAT SUCH OPT-OUT DOES NOT AFFECT THE WAIVER OF YOUR RIGHTS TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED IN COURT AGAINST THE OTHER PARTY AND/OR ITS RELATED THIRD PARTIES. If you do not wish to be subject to the arbitration of your claims, then you must notify us in writing at Transform Credit Inc., 1440 W. Taylor Street, #431, Chicago, IL 60607, Attention: Arbitration Opt-Out. Your notice opting out must be post-marked no later than thirty days (30) days after the date you signed this Agreement in order to be effective. If you opt out of arbitration, no other agreement or transaction will be affected. Your notice to opt-out will only apply to this particular transaction with us and not to subsequent or previous transactions; a separate opt-out notice is required for each transaction on which you wish to opt-out of arbitration. 11. Confidentiality. If either Lender or you request confidentiality, all aspects of the arbitration proceedings and any arbitration award or decision will remain strictly confidential, except only for the purpose of appealing or obtaining confirmation of the final arbitration award in the appropriate court of law. In addition, if either Lender or you request confidentiality, all non-public documents, testimony, and information produced, received, heard, or used in the arbitration will be used only for purposes of the arbitration and will not be disclosed to any person. Confidential information may, however, be disclosed to the parties to the arbitration, their respective attorneys and their staff, the arbitrator and personnel of the American Arbitration Association, court reporters, and any person retained as an expert witness in the arbitration if the expert witness agrees to maintain all documents, information, and testimony in strict confidence. Nothing in this provision prohibits the confidential information from being disclosed to those who received or participated in the creation of the confidential information at the time it was created. Nothing in this paragraph will prevent either of us from disclosing information regarding the arbitration if necessary to enforce an arbitration award. Lender and you further agree to cooperate in obtaining the arbitrator’s agreement to preserve the confidentiality of the arbitration and information produced or used in the arbitration. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU: (1) HAVE READ AND UNDERSTOOD ALL OF ITS TERMS BEFORE SIGNING THIS BINDING ARBITRATION AGREEMENT; (2) HAVE READ AND UNDERSTOOD, AND HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT; AND (3) UNDERSTAND THAT A BINDING ARBITRATION AGREEMENT IS A CONDITION PRECEDENT TO OUR WILLINGNESS TO CONSIDER PROVIDING CREDIT SERVICES TO CUSTOMER, AND THAT CUSTOMER WOULD NOT OTHERWISE BE ELIGIBLE TO RECEIVE A LOAN FROM US. Executed by; Gwendolyn Massey Signature of Customer; Gwendolyn Massey Date of Signature: 2025-01-17T23:23:28 Executed by; Transform Credit Inc. Signed on behalf of Transform Credit Inc. Date of Signature: Gwendolyn Massey
Timeline
Stamper
WMATCO LLC
10.2019 - 08.2022
Cashier Relief PIC
Hondah Casino
06.1997 - 09.1999