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. “Communication” means 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.
- 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.
- 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 8.0 or later or Firefox 11, Chrome 17 or Safari 5, 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").
- 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 consisting of 8 - 15 alpha-numeric characters, and a Password consisting of 8 - 12 alpha-numeric characters, which you will use to obtain access to the Service. User ID and Password must not contain any special characters (i.e. asterisk*, or colon :), or spaces and must not have consecutive repeating characters in excess of 2 (i.e. AAA or 333 are not allowed). 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. You will be asked to create these questions and responses one time and will be presented with a question and prompted for a response at random when you access the Service. 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. Arbitration Agreement
ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS.
Any claim or dispute by either you or us against the other relating to this Agreement and the Online Service (collectively “Claim”) will, at the election of either you or us, be resolved by binding arbitration. This arbitration provision governs all Claims, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory or equitable relief. Claims subject to this arbitration provision include Claims regarding the applicability of this provision or the validity of this or any prior Agreement related to the Online Service. As used in this arbitration provision, the term “Claim” is to be given the broadest possible meaning, and includes Claims that arose in the past or arise in the present or future. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action only. This means that even if a demand for class arbitration, class action lawsuit or other representative action, including a private attorney general action, is filed, any Claim related to the issues of such lawsuits will be subject to individual arbitration. Claims subject to arbitration also include Claims that are made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. Notwithstanding this arbitration provision, if you have a Claim that is within the jurisdiction of a small claims court, you may file your Claim there. Any appeal from a decision of a small claims court shall be subject to this arbitration provision. The arbitration, including the selection of the arbitrator, shall be administered by the American Arbitration Association (“AAA”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer-Related Disputes. To start an arbitration, you or we must give notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. Our notice to you may be provided to you at your last known address or at such other address as we may have in our records; your notice to us shall be given to: Regional Acceptance Corporation, Attn: Legal Department, 1424 East Fire Tower Road, Greenville, NC 27858. All fees and costs are allocated pursuant to the rules of the AAA. The arbitrator may award any fees, costs, and expenses including attorneys’ fees, as permitted by the administrator’s rules. If there is a conflict between the rules and procedures of the administrator and any term in this arbitration provision, the terms of this arbitration provision shall prevail. You or us may bring a summary or expedited motion to compel arbitration of any Claim or to stay the litigation of any Claims pending in any court. Such a motion or action may be brought at any time. The failure to initiate or request arbitration at the beginning of a dispute or claim shall not be construed as a waiver of the right to arbitration.
You may obtain a copy of the current rules of the arbitration administrator, including information about arbitration, fees, and instructions for initiating arbitration by contacting the American Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019. Phone: 800-778-7879. Web site: www.adr.org(opens in a new tab)
You and us each agree that under this Agreement, you and us are participating in transactions involving interstate commerce which shall be governed by the provisions of the Federal Arbitration Act, Title 9 of the United States Code (“FAA”) and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all available remedies, including without limitation, damages (to the extent not limited by this Agreement), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall follow rules of procedure and evidence consistent with the FAA, this provision and the administrator’s rules.
Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the cost of appeal, regardless of its outcome. However, we will consider in good faith any reasonable written request for us to bear the cost of your appeal. We will pay any fees or expenses we are required by law to pay or in order to make this arbitration provision enforceable.
This arbitration provision shall survive termination or suspension of the Account or this Agreement. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision or Agreement; provided, however, if the limitations on class actions are struck in a proceeding brought on a class, representative or private attorney general basis, without impairing the right to appeal such decision, this entire arbitration provision (other than this proviso) shall be null and void in such proceeding.