Terms and Conditions: Online and Mobile

Definitions
“Service” means the Regional Acceptance Corporation (“Regional”) Customer Payment Portal service and any other online product or service offered through Regional’s website, mobile apps, or any other means of digital communication in which you have enrolled, which allows you to use a personal computer or other wireless device to make Account payments and view and receive notices, statements, and other information about your Account, including balances and transactions. The words “we”, “us”, and “our” refer to Regional Acceptance Corporation and any agent, independent contractor, designee or assignee that Regional may, in its sole discretion, involve in the provision of the Service. The words “you” and “your” mean the individual(s) or entity(ies) using the Service. As used in this Agreement Regarding Online Services (“Agreement”), “Account” means the account(s) you have with Regional.
Applicability
This Agreement between you and Regional governs your use of the Service. By subscribing to the Service or using the Service, you agree to the terms of this Agreement. Please read this Agreement carefully and in its entirety. We suggest that you print a copy of this Agreement.
The Service
You may use an electronic device to access the Service, and can use the Service to make payments or direct us to make payments to your Regional Account(s). You may also access Account and transaction information on your eligible Account. Not all Regional accounts are eligible for electronic payments using the Service. You may access the Service by using the Regional website or mobile application administered by Regional or its designated service provider. You agree that you will use the Service, and any products or services received as a result of your use of Service, in a manner consistent with this Agreement. We may also add, modify, terminate or delete any feature of the Service in our sole discretion. We may, but are not required to, provide you with notice of any change or termination in the Service. We may, but are not required to, send you notice when new features are added to or changed on the Service.

You agree to indemnify and hold Regional and all third party content providers which provide content for the Service (either through links or otherwise), harmless from any loss, including reasonable attorney’s fees, related to any claim made by any third party relating to content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, and any harm you cause another user of the Service.

Push Notifications

We have the right to specify or vary the scope and extent of (or otherwise discontinue) the Regional Mobile App push notification service and its features from time to time without prior notice. You may use the push notification service to receive information and communications electronically through appropriate telecommunications equipment. We have the right to stop providing you with push notifications or provide limited push notifications without prior notice in order to comply with restrictions under applicable laws or regulations or internal policies relating to such restrictions, without being liable to you. The information contained in push notifications is as of a specific time and date, but because the push notifications are subject to delay or interruption, it should not be considered real time information. You understand that messages through push notifications may be delayed for a variety of reasons and will not reflect account activity that occurred after the push notification was sent. Regional may terminate your push notifications at any time without notice. When you enroll for the push notification service, you may be required to advise us of the type of push notification alerts you want to receive. You may be able to vary this information from time to time after enrolment in such manner or form accepted by us. You should ensure that your mobile phone and other telecommunications equipment and related services are capable of receiving push notifications. By enrolling for push notifications, you consent to receiving push notifications from us concerning your Account and you also consent to Regional or our agents or assignees sending you communications through push notifications. The push notifications may include providing you with account reminders, including payment reminders, and servicing information.
Software and Hardware Requirements
You may access the Service by using the Regional website or mobile application administered by Regional or its designated service provider.

For your security, you should run up-to-date virus and spyware protection software on your personal computer. You should also have a personal firewall installed and up to date. Finally, you should keep your operating system patched and up to date as well.

Equipment Requirements

Compatible Browsers
- Mozilla Firefox
- Google Chrome
- Safari
- Microsoft Internet Explorer
- Microsoft Edge
  
  Note: Regional Acceptance no longer supports older browsers that only support TLS 1.0 due to security.
  
  Device
  You may use any Internet capable device or personal computer to access the website.
  
  Document Viewing
  Documents available for viewing require Adobe PDF Viewer.
Security
User ID and Password
You will be asked to provide a personal User ID and a Password, which you will use to obtain access to your Account(s) at Regional. You authorize us to follow any instructions entered through the Service using your User ID and Password. Because your User ID and Password can be used to access information about these Account(s), you should treat your User ID and Password with the same degree of care and secrecy that you use to protect your ATM Security code and other sensitive financial data. We may ask you to change your User ID and Password from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your User ID or any other personalization of your Account(s).

Security Measures
In addition to your User ID and Password, we may ask you to create and provide responses to additional authentication questions that only you and Regional Corporation will know in order to verify your identity. These questions and your correct responses help us to provide stronger protection of your account information. We reserve the right to prevent access to the Service for security reasons or if we suspect fraud. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your User ID and Password without your authorization. Regional does not and will not assume any liability for unauthorized or fraudulent use of the Service.

You agree not to give or make available your User ID, Password, or Account number(s) to any person. You are fully liable for all transactions made using your User ID and Password.

We reserve the right to refuse to allow you to use the Service. Any user of this Service shall comply with all applicable laws and regulations, including the laws and regulations administered by the US Treasury Office of Foreign Assets Control (OFAC).
Balance Inquiries
You may use the Service to check the balance of your Account(s). The balances shown may differ from your records because they may not include recent payments or charges. No fee is charged by Regional for access to the Service.
Payments
You may use the Service to authorize one-time or recurring payments of your Regional Account(s). Your Account payments will be charged to your designated deposit account through the ACH network or, if available, charged to your designated payment card through a card network. You may schedule one-time Account payments for processing on the date you authorize the payment or on a future date, subject to the restrictions in this Agreement. You may schedule recurring Account payments for processing on the same date each month or substantially regular intervals, subject to the restrictions in this Agreement.
Stopping or Modifying Payments
You cannot use the Service to change or stop a one-time Account payment after you authorized it. You can use the Service to change or stop a recurring Account payment, subject to the restrictions in this Agreement. To stop a one-time or recurring Account payment, you can write to us at the address we provided in your authorization for recurring Account payments or you can call Regional’s Customer Support Department at 1-866-644-7687. If you call us, we may also require you to put your request in writing and send it to us within fourteen (14) days after you call us.
Cut-off Time for Payments Made by Bank Account or Payment Card
Payment card and one-time bank account payments made before 11:00 P.M Eastern Time, USA, on a day that is not the last day of the month will post to the Account on the same day. Payments made after 11:00 P.M. Eastern Time, USA, on a day that is not the last day of the month will post to the Account on the next day.

Payment card and one-time bank account payments made before 11:45 P.M Eastern Time, USA, on the last day of the month will post to the Account on the same day. Payments made after 11:45 P.M. Eastern Time, USA, on the last day of the month will post to the Account on the next day.
Communications Consent
You agree that Regional and any of its affiliates, agents, service providers or assignees may call you, leave you a voice prerecorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to the servicing and collection of your Account(s) with Regional, for surveys or research or for any other informational purpose related to your Accounts(s) with Regional (each a “Communication”). You agree that Regional and any of its affiliates, agents, service providers or assignees may call or text you at any telephone number associated with your Account(s), including cellular telephone numbers, and may send an e-mail to any email address associated with your Account(s), including any phone numbers, e-mail addresses or any other contact information provided by you regarding your use of the Service. You also agree that Regional and any of its affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. Regional will not charge you for a Communication, but standard data and message rates may apply. In addition, you understand and agree that Regional and any of its affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.
Change in Email Address
If the email address you provide to Regional regarding the Service should change, you must contact Regional immediately at 1-866-644-7687 or through the Service. Regional is not responsible for communications or other information that is not received by you due to you not having an updated email address on file. Regional is not responsible for any fees or delinquency status that you may incur because your communication is not received. You are still responsible for making your monthly payments due to Regional on or by the contractual due date.
How to Withdraw Consent/Termination
You may terminate your use of the Service by providing notice at least ten (10) days prior to the date on which you wish to have your Service terminated. You may terminate it by contacting us at 1-866-644-7687, through the Service, or by writing to us at Regional Acceptance Online Support, 1420-B E. Fire Tower Road, Greenville, NC 27858. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a request to terminate your use of the Service. We may require that you put your request in writing. If there is more than one Account owner or if more than one person is authorized to access the Account via the Service, we may terminate the Service upon the request of any Account owner or person authorized to access the Account. Subject to applicable law, we may terminate your use of the Service, in whole or in part, at any time without notice. Upon termination, you will remain liable for payments and other transactions in process, and all accrued fees and charges.
Joint/Multiple Owner Accounts
For joint Accounts, either or both Account holder may enroll for the Service. The email address you provide at time of enrollment will receive any applicable Communications, subject to any changes you make to such email address through the Service or by contacting us. It is your responsibility to notify us if your contact information changes. You can update your contact information via the Service or by contacting us at 1-866-644-7687.
Errors with Transactions Regarding Your Account
Errors may occur regarding your Account due to circumstances beyond our control that prevent the proper completion of a transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, or any defect or malfunction of your electronic device or related software, hardware of telephone line. Furthermore, errors may occur if you have not properly followed the instructions for using the Service.
Error Resolution Notice
In case of errors, unauthorized access, or questions about the Service or your Electronic Payments, telephone us at:

1-866-644-7687

Or write:

Regional Acceptance Online Support
1424 E. Fire Tower Road
Greenville, NC 27858

Contact Regional as soon as you can if you think your statement or information regarding a transaction is wrong or you need more information about a transaction, or if you believe your user ID and/or password have been forgotten or stolen.

When contacting Regional regarding an error resolution, please be prepared to communicate the following information:
- a. Your name and Social Security number or tax identification number.
- b. The error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- c. The dollar amount of the suspected error.
  
  If you tell us orally, we may require you to send us the information or question in writing.
Electronic Messaging
The Service provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. If you need to contact us immediately, please call us at 1-866-644-7687.

Electronic messaging CANNOT be used to notify us of lost or stolen User IDs or Passwords or unauthorized transactions. Notice of these occurrences must be done as specified in the Section titled Error Resolution Notice. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive email messages to or from the general public.
Disclaimer of Warranty and Limitation of Liability
WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU OR TO ANY OTHER PERSON IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT, THE SERVICE OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR, OR THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT OR BY REASON OF YOUR USE OF THE SERVICE, INCLUDING LOST DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY.

WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY RESULTING FROM AN INTERRUPTION IN THE AVAILABILITY OF THE SERVICE, OR ANY COMPUTER VIRUS THAT YOU MAY ENCOUNTER USING THE SERVICE. WE ENCOURAGE YOU TO ROUTINELY SCAN YOUR ELECTRONIC DEVICE USING A RELIABLE VIRUS PROTECTION PRODUCT TO DETECT AND REMOVE VIRUSES FROM YOUR ELECTRONIC DEVICE.

BY ACCESSING THE SERVICE, YOU AGREE TO WAIVE ALL CLAIMS AGAINST REGIONAL AND ANY THIRD PARTY CONTENT PROVIDERS REGARDING THE INFORMATION PROVIDED AS PART OF THE SERVICE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE SERVICE, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL REGIONAL OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF REGIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (1) THE USE OF OR INABILITY TO USE THE SERVICE, (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION, (3) THE COST OF SUBSTITUTE GOODS OR SERVICES, OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THE SERVICE. REGIONAL SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE, OR SERVICE OBTAINED THROUGH THE SERVICE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGIONAL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THIS AGREEMENT, THE SERVICE, ANY PRODUCTS OR SERVICES OBTAINED THROUGH USE OF THE SERVICE, OR PRIVACY POLICY RELATED TO THE SERVICE, IS YOUR CESSATION OF THE USE OF THE SERVICE.
General
- Entire Agreement
  Except as provided in this Section 18(a) below, this Agreement constitutes the complete and exclusive agreement related to the Service, and supplements any other agreement or disclosure related to your Account(s). In the event of a conflict between this Agreement and any other agreement or disclosure related to your Account(s) or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein.
  
  If you also consent to the terms of the Agreement to Receive Electronic Communications (the “Electronic Communications Agreement”), then this Agreement and the Electronic Communications Agreement both govern your use of the Service. In the event of a conflict between this Agreement and the Electronic Communications Agreement, this Agreement shall control as to the subject matter addressed herein.
- Waivers
  No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.
- Assignment
  You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any agents, representatives, affiliates and/or third parties.
- Governing Law
  This Agreement shall be governed by and construed in accordance with the laws of North Carolina without regard to that state’s conflict of laws provisions.
- Compliance with Applicable Laws
  Any user of this Service shall comply with all applicable laws. We reserve the right to refuse to process any transaction we reasonably believe violates applicable law or we believe is made in connection with any unlawful transaction or activity. We will notify you if we do not process a transaction.
- Amendments
  We may amend this Agreement from time to time by posting the amended Agreement on our website along with a notice that this Agreement has been amended, or by any other reasonable notification method. You may obtain the most recent version of this Agreement by calling 1-866-644-7687 to request a copy. Continued use of the Service following notice of amendment of the Agreement by Regional constitutes your acceptance of any amendments to this Agreement and your agreement to comply with any changes.
- Severability
  If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.
- Service Hours
  The Service is available 24-hours a day, seven days a week, except during maintenance periods.
- Service Notifications
  We may add, modify or discontinue the Service at any time, including changing the terms and conditions governing the Service. You agree that we may send you electronic notifications concerning the Service, including notice of a change or termination of the Service. We may also temporarily suspend your use of the Service at any time for security reasons or any other reason in our sole discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.
- Confidentiality
  Subject to applicable law, we will disclose information to third parties about you and your Account(s): (i) where it is necessary for completing payment transactions; (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us permission; (v) as stated in the Truist Privacy Page and (vi) as otherwise required or permitted by law or government regulation.
- Access to other Products and Services
  We may provide you access to other financial products and/or services offered by Regional, its affiliates, or third parties with whom we have contracted. Access to these products or services may be provided through the use of hyperlinks within the Service. You agree that when you use these other services, you will be subject to any terms and conditions applicable to the particular product or service. In the event of a conflict between this Agreement and any terms and conditions applicable to other services, this Agreement shall control as to the subject matter addressed herein.
Jury Trail Waiver; Litigation Class Action Waiver; Mutual Arbitration Agreement.
1. JURY TRIAL WAIVER
2. LITIGATION CLASS ACTION WAIVER
3. MUTUAL ARBITRATION AGREEMENT
  
  READ THIS PROVISION CAREFULLY BECAUSE IT HAS A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED.
  
  For any Claim subject to arbitration, neither you nor us will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration. Unless you choose to opt out of mutual arbitration in the manner and time specified below, you and us mutually agree that, if either party demands arbitration, the Parties will resolve any and all disputes between them exclusively through final, binding, and individual arbitration under the terms of this Mutual Arbitration Agreement, including its pre-arbitration dispute resolution process, instead of filing or proceeding with a lawsuit in court (except as otherwise provided below). However, this Mutual Arbitration Agreement does not cover disputes that, as a matter of law, may not be subject to pre-dispute arbitration agreements.
  
  Requirement to Arbitrate. Upon the demand of you or us, any Claim(s) will be resolved by individual (as opposed to class, consolidated, collective, or representative) binding arbitration under the terms specified in this Mutual Arbitration Agreement. A “Claim” subject to arbitration is any claim, cause of action, dispute, or controversy between you and us (other than an Excluded Claim or Proceeding as defined below), whether preexisting, present, or future, which arises out of or relates to the Account, this Agreement, any transaction conducted with us in connection with the Account or this Agreement, or any aspect of our relationship. “Claim” has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, third-party claims, and federal, state, local, and administrative claims. It includes disputes based in contract, tort, consumer rights, fraud, and other intentional torts, a state or the federal Constitution, statute, regulation, ordinance, common law, and equity, and includes claims for money damages and injunctive or declaratory relief. “Claim” also includes disputes concerning the use or disclosure of information about you or us, as well as disputes concerning communications involving telephones, cell phones, automatic dialing systems, artificial or prerecorded voice messages, text messages, emails, or facsimile machines, such as alleged violations of the Telephone Consumer Protection Act and other statutes or regulations involving telemarketing.
  
  Special Definition of “You,” “Your,” and “Parties.” Solely for purposes of this Mutual Arbitration Agreement, the terms “Regional,” “Lender,” “us,” “our,” and “Parties,” in addition to the meanings set forth in this Agreement, also refer to Regional and its employees, agents, officers, directors, parents, controlling persons, subsidiaries, affiliates, predecessors, successors, and assigns. The “Parties” refers to both you and Regional. “We,” “us,” “our,” and “Parties” also apply to third parties if you or Regional assert a Claim against such third parties in connection with a Claim you assert against us or Regional asserts against you.
  
  Excluded Claims and Proceedings. Notwithstanding the foregoing, “Claim” does not include any individual action brought by you or us in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court or the matter is not brought on an individual basis (i.e., a class, consolidated, collective, or representative basis). In addition, nothing in this Mutual Arbitration Agreement prevents you or us from exercising of any self-help rights, including repossession. Any individual action in court by you or us that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind does not constitute a “Claim” that must be arbitrated. The institution and/or maintenance of any such right, action, or litigation shall not constitute a waiver of the right of either of the Parties to compel arbitration regarding any other dispute subject to arbitration pursuant to this Mutual Arbitration Agreement. Moreover, the term “Claim” also does not include any disagreement over the arbitrability of a dispute, whether a dispute can or must be arbitrated, or whether this Mutual Arbitration Agreement or any aspect thereof is unenforceable, or any dispute regarding the provisions labeled “Pre-Arbitration Dispute Resolution” or “Class, Consolidated, Collective, and/or Representative Action Waiver,” including whether they are unenforceable or have been breached; such disputes or issues must be decided only by a court of competent jurisdiction and not by an arbitrator or arbitration administrator.
  
  Federal Arbitration Act. Notwithstanding any choice of law or other provision in this Agreement, the Parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”) shall govern its interpretation and enforcement and proceedings pursuant thereto. The Parties expressly agree that this Mutual Arbitration Agreement shall be governed by the FAA even in the event you and/or Regional are otherwise exempted from the FAA. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
  
  Class, Consolidated, Collective, and/or Representative Action Waiver. The Parties mutually agree that if you or us elect to arbitrate a Claim, such Claim will be resolved in individual arbitration. The Parties further agree that, to the maximum extent allowable by law, they waive the right to have any Claim brought, heard, administered, resolved, or arbitrated as a class, consolidated, collective, or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, consolidated, collective, and/or representative action, or to award relief to or for the benefit of anyone but the individual Parties in arbitration. The Parties also waive the right to bring any claims for public injunctive relief or other non-individualized injunctive relief. This Class, Consolidated, Collective, and/or Representative Action Waiver does not prevent you or Regional from participating in a settlement of claims on a class-wide, consolidated, collective, or representative basis, to the extent you or us do not exercise a right to opt out of such settlement. If, after exhaustion of all appeals, any of these prohibitions on class, consolidated, collective, or representative claims or public or non-individualized injunctive relief is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the Parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
  
  Arbitration Procedures.
  1. a) Pre-Arbitration Dispute Resolution: The Parties agree that good faith informal efforts to resolve a dispute often can result in a prompt, low-cost, and mutually beneficial outcome. As a result, before commencing arbitration, the Parties must engage in a good faith effort to resolve any Claim covered by this Mutual Arbitration Agreement by providing a written notice of dispute and participating in an informal dispute resolution conference. The party who wishes to assert a Claim must first give notice to the other party in writing of the intent to initiate arbitration (“Notice of Pre-Arbitration Dispute”). A Notice of Pre-Arbitration Dispute must contain the claimant’s name, telephone number, mailing address, and e-mail address, the Account number of any loan at issue, a factual description of the nature and basis of the dispute, including the basis and amount of any claimed damages, the amount that the claimant is seeking for resolution of the dispute, and the original personal signature of the party (a digital, electronic, copied, or facsimile signature is not sufficient) and, if the claimant is represented by counsel, a signed statement authorizing the other party to share information about the Account and the Claim with such counsel. After the Notice of Pre-Arbitration Dispute is provided, the Parties will engage in an informal dispute resolution conference by telephone or videoconference to discuss the Claim and see if a resolution can be reached. If either party is represented by counsel, that party's counsel may participate in the conference, but both you and a Regional representative must personally participate in the conference unless you and us agree otherwise in writing. For the protection of your confidential Account information, multiple customers cannot participate in the same informal dispute resolution conference unless mutually agreed to by all Parties. The informal dispute resolution conference shall occur within sixty (60) days of receipt of the Notice of Pre-Arbitration Dispute, unless an extension is mutually agreed to by the Parties. The Parties shall negotiate in good faith to select a mutually agreeable time. Nothing in this Mutual Arbitration Agreement shall prohibit the Parties from engaging in informal communications to resolve the initiating party’s Claim at any time, including before the informal dispute resolution conference. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The Parties agree that the statute of limitations shall be tolled between the period when a fully complete Notice of Pre-Arbitration Dispute Resolution is received and the completion of the informal dispute resolution conference. If you are initiating the Claim, the Notice of Pre-Arbitration Dispute must be clearly marked “Notice of Pre-Arbitration Dispute” and delivered to Regional Acceptance Corporation, c/o Truist Legal Department, Attn: Notice of Pre-Arbitration Dispute, Mail Code 306-40-01-15, 1001 Semmes Avenue, Richmond, VA 23224. If we are initiating the Claim, we will send the Notice of Pre-Arbitration Dispute to the most recent address for you in our files. If any offers of settlement are discussed by the Parties, such information about the proposed settlement will not be disclosed in the arbitration. The Pre-Arbitration Dispute Resolution and informal dispute resolution conference requirements are essential in order to give the Parties a meaningful chance to resolve Claims informally. If any aspect of these requirements has not been met, the Parties agree that a court can enjoin the filing or prosecution of an arbitration, and, unless prohibited by law, no arbitration provider shall either accept or administer the arbitration or assess fees in connection with such an arbitration.
  2. b) After completion of the informal dispute resolution conference, if the Claim remains unresolved, either you or Regional may initiate arbitration by submitting a demand for arbitration to the arbitration administrator. The demand must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) the Account number of any loan at issue; (3) a statement of the legal claims being asserted and the factual basis of those claims; (4) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (5) the original personal signature of the party seeking arbitration (a digital, electronic, copied, or facsimile signature is not sufficient); and (6) the party’s portion of the applicable filing fee. The party initiating arbitration must serve the demand on the other party via certified mail, return receipt requested, or hand delivery. If the party seeking arbitration is represented by counsel, counsel must also provide an original personal signature on the demand for arbitration (a digital, electronic, copied, or facsimile signature is not sufficient). Counsel must also provide a certification that, to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Any demand for arbitration by you must be delivered to Regional Acceptance Corporation, c/o Truist Legal Department, Attn: Arbitration Election, Mail Code 306-40-01-15, 1001 Semmes Avenue, Richmond, VA 23224, and any demand for arbitration by us must be sent to the most recent address for you in our files.
  3. c) Any arbitration hearing must take place in a venue reasonably convenient to you. If a party files a lawsuit in court asserting any Claim(s) that are subject to arbitration and the other party demands arbitration or files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party bringing the Claim(s) to follow the pre-arbitration dispute resolution procedures and – if the dispute is not resolved - to commence the arbitration proceeding with an arbitration administrator in accordance with this Mutual Arbitration Agreement and the administrator’s rules and procedures. Nothing in that litigation shall constitute a waiver of any rights under this Mutual Arbitration Agreement.
  4. d) The arbitration will be administered by JAMS, 18881 Von Karman Ave., Suite 350, Irvine, CA 92612, www.jamsadr.com, 800-352-5267. The rules and forms of JAMS may be obtained by writing to JAMS at the address listed above or visiting their website. If JAMS cannot or will not administer the arbitration in accordance with this Mutual Arbitration Agreement, the Parties may agree upon another administrator, or if they are unable to agree, a court shall determine the administrator. No company may serve as administrator if it fails to abide by the terms of this Mutual Arbitration Agreement unless all Parties otherwise consent. The arbitration will proceed in accordance with this Mutual Arbitration Agreement and the administrator’s rules and procedures in effect at the time of commencement of the arbitration, including any streamlined or expedited arbitration rules, but in the event of a conflict between the two, the provisions of this Mutual Arbitration Agreement shall supersede any and all conflicting arbitration administrator’s rules or procedures. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court resolves that dispute.
  5. e) In addition to all other requirements in this Mutual Arbitration Agreement, the following provisions shall apply to all arbitrations between the Parties: (1) Regional and you shall equally share filing fees and other similar and usual administrative costs unless otherwise provided by the rules of the administrator. Regional shall pay any costs that are uniquely associated with arbitration, such as payment of the arbitrator’s fees and room rental; (2) both Parties agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator relating to a party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator; (3) the arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes; (4) except as provided in the Class, Consolidated, Collective, and/or Representative Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law under the circumstances (including statutory awards of attorneys’ and expert witness fees and punitive damages) but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply state or federal substantive law, or both, as is applicable; (5) the arbitrator may hear motions to dismiss and/or motions for summary judgment; (6) the arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law; (7) any finding that a claim or counterclaim violates the standards set forth in Federal Rule of Civil Procedure 11 shall entitle the other party to recover attorneys’ fees, costs, and expenses associated with defending against the claim or counterclaim; (8) either Regional or you may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration may be rendered ineffectual; (9) under no circumstances is an arbitrator or court bound by decisions reached in separate arbitrations involving different parties; (10) the arbitrator shall honor all evidentiary privileges recognized by applicable law, including the attorney-client privilege and attorney work product doctrine; and (11) if at any time the arbitrator or arbitration administrator fails to enforce the terms of this Mutual Arbitration Agreement, either party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall automatically be stayed pending the outcome of that proceeding.
  6. f) A single arbitrator will be selected in accordance with the rules of the administrator, and unless you and Regional agree otherwise, must be a practicing attorney with ten or more years of experience or a retired judge. Except as specifically stated herein, the arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration provisions or proceedings. A judgment on the award may be entered by any court having jurisdiction
  Survival and Severability. This Mutual Arbitration Agreement shall survive the termination of your Account and the termination of any relationship between us and you, including the termination of this Agreement. Except as specified in the Class, Consolidated, Collective, and/or Representative Action Waiver, if any portion of this Mutual Arbitration Agreement is found unenforceable, it shall be severed from the Mutual Arbitration Agreement such that the remainder of this Mutual Arbitration Agreement shall be enforceable to the fullest extent permitted by law. A determination that this Mutual Arbitration Agreement is unenforceable or void in its entirety shall have no effect on the validity or enforceability of any other arbitration agreement between or applicable to the Parties.
  
  Effect of Arbitration Award. The arbitrator’s award shall be final and binding on all Parties, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $250,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $250,000, any party can, within thirty (30) days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Mutual Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. Any filing fees and other similar and usual administrative costs of such an appeal will be borne by the Party taking the appeal subject to a reallocation of the arbitrator panel as justice requires. Any final decision of the appeal panel is subject to judicial review only as provided under the FAA. 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 agreement.
  
  Right to Opt Out – Please Read. You may opt out of this Mutual Arbitration Agreement within thirty (30) days of your agreement/consent to the Consent for Use of Electronic Signatures and Records. In order to opt out, you, and only you personally, must notify Regional of your intention to opt out by submitting to Regional, via certified mail or by overnight carrier mail, return receipt requested, to Regional Acceptance Corporation, c/o Truist Legal Department, Attn: Arbitration Opt Out, Mail Code 306-40-01-15, 1001 Semmes Avenue, Richmond, VA 23224, a written notice stating that you are opting out of this Mutual Arbitration Agreement. This written notice must be signed by you, and not any attorney, agent, or other representative of you and include your name, address, Account name, and Account number. In order to be effective, your opt-out notice must be received by Regional within thirty (30) days of your agreement/consent to the Consent for Use of Electronic Signatures and Records. This is the sole and only method by which you can opt-out of this Mutual Arbitration Agreement and any attempt to reject this Mutual Arbitration Agreement by any other person or through any other method or form of notice, including the filing of a lawsuit, will be ineffective. You agree that your opt-out of this Mutual Arbitration Agreement shall not be imputed to any other person or entity or be deemed to be a rejection of this Mutual Arbitration Agreement by any person or entity other than you. Your opt-out of this Mutual Arbitration Agreement shall not eliminate the obligation of other persons or entities who wish to reject this Mutual Arbitration Agreement to personally comply with the notice and time requirements of this paragraph. If you opt out as provided in this subparagraph, you will not be subject to any adverse action as a consequence of that decision and may pursue available legal remedies without regard to this Mutual Arbitration Agreement. If Regional does not receive proper notice of a timely opt out, you are agreeing to the terms of this Mutual Arbitration Agreement.
  
  You may only opt out on behalf of yourself. A written notice submitted to Regional indicating your intention to opt out may apply, at most, to you. You (and your agent or representative) may not effectuate an opt out on behalf of other individuals.
  
  Your decision to opt out of this Mutual Arbitration Agreement will not relieve your of any obligation to arbitrate disputes that might arise under any other loan or agreement with Regional that contains an arbitration provision to which you may be bound as a customer. Similarly, your decision to opt out of another arbitration provision contained in any other loan or agreement shall not relieve you of your obligation to arbitrate disputes pursuant to this Mutual Arbitration Agreement.
  
  Impact on Pending Litigation. This Mutual Arbitration Agreement shall not affect your existing rights with respect to any litigation between Regional and you that is pending in a state or federal court or arbitration as of the date of this Mutual Arbitration Agreement. However, if on such date you were bound by an existing arbitration agreement with Regional then that agreement shall continue to apply.
  
  Right to Consult with an Attorney. You have the right to consult with private counsel of your choice, at your own expense, with respect to any aspect of, or any Claim that may be subject to, this Mutual Arbitration Agreement.

Terms and Conditions: Online and Mobile

Footer Navigation