Consent for Use of Electronic Signatures and Records
"Online Service" means the Regional Acceptance Corporation Customer Payment Portal service and any other online product or service offered through our website, mobile apps, or any other means of digital communication in which you have enrolled that is not otherwise governed by an electronic disclosure and consent. The words “we”, “us”, and “our” refer to Regional Acceptance Corporation, and the words “you” and “your” mean you, the individual(s) or entity using the Online Service. As used in this Consent for Use of Electronic Signatures and Records “(Agreement”), and “Account” means the account you hold with us. “Communications” or “Records” mean any customer agreements or amendments thereto, periodic statements, monthly billing or account statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product, service or account, including but not limited to information that we are required by law to provide to you in writing.
You are agreeing to the following:
- We may provide all legal or regulatory Communications associated with the Account or with the Online Service, including Communications about a change in the terms of your Accounts or the Online Service and privacy notices.
- By giving your consent, you agree to conduct Account transactions with us either using your computer or mobile device to receive, view and electronically sign Records. You agree that such electronic signatures will consist of clicking on buttons and/or checking boxes where indicated. You also consent to the use of electronic Records displayed on the computer or other electronic device you are using, as well as any Records that we send to you electronically. We may provide Records to you electronically by emailing them to you at your email address; such email may include the Records as attachments or as embedded links to a website that we operate and control.
- We may deliver the Communications to you by any of the following methods: (a) by posting a notice and making the information available to you through the Online Service; or (b) by sending the information to an email address you have provided to us; or (c) to a wireless device you have designated; or (d) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose; or (d) any other electronic means we have mutually agreed upon. Delivery of electronic Communications by any of these methods will be considered "in writing" and you intend that the electronic Communications have the same legal effect as written and signed paper communications.
- You agree to promptly notify us of any change in your contact information. You can update your contact information through the Online Service as well as by contacting Regional Acceptance at 1-866-644-7687.
- You may withdraw your consent to receive electronic Communications by updating your preference through the Online Service, or by contacting us at 1-866-644-7687. If you withdraw your consent to receive electronic Communications, we may terminate your access to the Online Service. We will not impose any fee if you withdraw your consent to receive Communications electronically. If you withdraw your consent to receive Communications electronically, such withdrawal will not apply to Communications that were furnished to you electronically before the date on which the withdrawal of your consent takes effect.
- You may obtain paper copies of electronic legal or regulatory Communications, and most other Communications, by printing them within the Online Service or by calling 1-866-644-7687. There is no fee for paper copies. The following are not available in paper copies: Payment reminders and account status notifications through our mobile app.
- The minimum hardware and software requirements to access and retain the electronic Communications are: A personal computer or other device with operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing electronic Communications; a browser, such as Internet Explorer, Firefox, Chrome , Safari or Edge, with 256-bit encryption; sufficient electronic storage capacity on your computer’s hard drive or other data storage unit; and, software that enables you to view files in the Portable Document Format ("PDF"). Note: Regional Acceptance no longer supports older browsers that only support TLS 1.0 due to security.
- On each number you provide, you consent to us and our affiliates, agents and assignees, contacting you by calling, texting, or other electronic communication, including through automated dialing equipment or prerecorded messages, about your accounts with us. Standard data and message rates may apply.
By clicking "I Agree", you acknowledge that you are able to electronically access and retain the Communications.
Regional Acceptance Corporation Online Statement Service Agreement and Initial Disclosures
This Agreement and Initial Disclosures (the "Agreement") 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.
b. The Service
You may use a personal computer ("PC") or wireless device to access the Service.
a. Account(s) refers to your eligible loan with Regional Acceptance Corporation.
b. Business Day(s) means Monday through Friday, except Federal Reserve holidays.
c. Service(s) refers to collectively any or all of the Regional Acceptance Corporation services described in this Agreement, which allows you to electronically access Account and transaction information and view statements or other disclosures on a personal computer or wireless device.
d. We, us, or our refers to Regional Acceptance Corporation and any agent, independent contractor, designee or assignee that Regional Acceptance Corporation may, in its sole discretion, involve in the provision of the Service.
e. You or your refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using the Service.
a. User ID and Password
You will be asked to choose your personal User ID and a Password, which you will use to obtain access to the Service. You agree not to give or make available your User ID and Password to any person. 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).
b. Additional 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 Acceptance 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.
- Online Statements
You may elect to stop or resume the mailing of paper statements for eligible Accounts by changing your statement delivery preferences within the Service or by contacting us at 1-866-644-7687. After you withdraw consent to receive periodic statements electronically, it may take up to two (2) statement cycles for delivery of paper statements to resume. Only eligible Accounts accessible via the Service may be enrolled for online statement delivery. For joint Accounts, only one Account owner need enroll for online statement delivery. The email address you provide at time of enrollment will receive the notifications, 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.
We may continue to mail information to you, including any information that you have authorized us to provide to you electronically. We may discontinue the online statement service at any time in our discretion and resume mailing paper statements to you. We may also add, modify, or delete any feature of the online statements service in our discretion. We will provide you with notice of any change or termination in the online statement service.
- Disclaimer of Warranty; Exclusion of Damages
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 PC using a reliable virus protection product to detect and remove viruses from your PC.
a. Disclaimer of Warranty
UNLESS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND WE MAKE NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING ANY SERVICES, OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
b. Exclusion of Damages
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE SERVICE OR THE USE THEREOF OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE FINANCIAL SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You may terminate your use of the Service at any time by updating your preference through the Online Service, by contacting us at 1-866-644-7687. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. 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.
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.
a. Entire Agreement
This Agreement constitutes the complete and exclusive agreement related to the Service, and supplements any other agreement or disclosure related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein.
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.
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 third parties.
d. 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.
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 visiting our website or calling 1-866-644-7687 to request a copy. Continued use of the Service following notice of amendment constitutes acceptance of any amendments to this Agreement.
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.
g. Service Hours
The Service is available 24-hours a day, seven days a week, except during maintenance periods.
h. Business Days
Our Business Days are Monday through Friday. Federal Reserve Holidays are not included.
i. Service Notifications
We may add, modify or discontinue the Service at any time, including changing the terms and conditions governing the Service. We may send you electronic notifications concerning the Services, 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 discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.
Subject to applicable law, we will disclose information to third parties about you and your Accounts: (i) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (ii) in order to comply with government agency or court orders; (iii) if you give us permission; (iv) as stated in the Regional Acceptance Corporation Consumer Privacy Notice; and (v) as otherwise required or permitted by law or government regulation.
k. Access to other Products and Services
We may provide you access to other financial products and/or services offered by Regional Acceptance Corporation, 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.
l. JURY TRIAL WAIVER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU AND US HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING OUT OF THIS AGREEMENT, RELATING TO THE ACCOUNT, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS.
m. LITIGATION CLASS ACTION WAIVER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU AND US HEREBY AGREE THAT ANY LITIGATION ARISING OUT OF THIS AGREEMENT, RELATING TO THE ACCOUNT, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL NOT PROCEED AS PART OF A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AND YOU AND US HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE ANY RIGHT TO PROCEED IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION OR TO SERVE AS A CLASS REPRESENTATIVE.
n. 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.
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.
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.
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.
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.
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.
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.