"Online Service" or “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”), “Account” means the account(s) 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 and communications related to the Online 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 Account 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
I. Introduction
- Applicability
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.
- The Service
You may use a personal computer ("PC") or wireless device to access the Service.
II. Definitions
- Account(s) refers to your eligible loan with Regional Acceptance Corporation.
- Business Day(s) means Monday through Friday, except Federal Reserve holidays.
- 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.
- 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.
- You or your refers to the individuals, corporations, partnerships, limited liability companies and sole proprietorships subscribing to or using the Service.
III. Security
- 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).
- 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.
IV. 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.
V. 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.
- 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. - 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.
VI. Termination
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.
VII. General
- 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.
- 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 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.
- 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 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.
- 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.
- Business Days
Our Business Days are Monday through Friday. Federal Reserve holidays are not included.
- 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.
- Confidentiality
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.
- 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.
- Jury Trail Waiver; Litigation Class Action Waiver; Mutual Arbitration Agreement.
a. 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.
b. 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.
c. MUTUAL ARBITRATION AGREEMENT
READ THIS PROVISION CAREFULLY BECAUSE IT HAS A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
For any Claim subject to arbitration, neither You nor we 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 the claims of any other person or entity. 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 this Mutual Arbitration Agreement in the manner and time specified below, You and we 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 the Notice of Pre-Arbitration Dispute process, rather than by filing or proceeding with a lawsuit in court. This Mutual Arbitration Agreement does not cover disputes which, as a matter of law, may not be subject to pre-dispute arbitration agreements or the excluded claims and proceedings specified below.
Requirement to Arbitrate. The Parties agree that, upon either party’s demand for arbitration of any Claim(s), such Claim(s) will be resolved by individual (as opposed to class, consolidated, collective, or representative) 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, including 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, e-mails, or facsimile machines, such as alleged violations of the Telephone Consumer Protection Act and other statutes or regulations involving telemarketing. “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 (including fraud and other intentional torts), consumer rights, a state or the federal Constitution, statute, regulation, ordinance, common law, and equity, and includes claims for money damages and injunctive or declaratory relief.
Special Definition of “We,” “Us,” “Our,” and “Parties.” Solely for purposes of this Mutual Arbitration Agreement, the terms “Regional,” “we,” “us,” “our,” and “Parties,” in addition to the meanings set forth in this Agreement, also refer to Regional Acceptance Corporation and its past, present, and future parents, subsidiaries, and affiliates, as well as Regional Acceptance Corporation’s and each of these entities’ employees, agents, officers, directors, 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. As an alternative to arbitration, either You or we may bring claims in small claims court or Your state’s equivalent of small claims court, so long as the action is brought on an individual basis (i.e., not a class, consolidated, collective, or representative basis) and is not transferred, removed, or appealed to a different court. Nothing in this Mutual Arbitration Agreement prevents You or us from exercising any self-help rights, including repossession. You or we also may bring an action on an individual basis in court if the action does not seek monetary relief of any kind and is limited either to preventing the other party from using a self-help remedy or to seeking temporary or preliminary injunctive relief pending the outcome of arbitration. Pursuing any such right, action, or litigation in court shall not constitute a waiver of any party’s right to compel arbitration of any other dispute or Claim(s). The term “Claim” excludes any disagreement over the arbitrability of a dispute including whether a dispute can or must be arbitrated, disputes regarding whether this Mutual Arbitration Agreement or any part of it is unenforceable, or disputes regarding the provisions labeled “Notice of Pre-Arbitration Dispute” or “Requirement of Individual Arbitration and Relief,” including whether these provisions are unenforceable or have been breached; such disputes or disagreements must be decided only by a court of competent jurisdiction rather than by an arbitrator or administrator unless all Parties otherwise agree in writing.
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 procedural and substantive provisions of the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”) shall govern its interpretation and enforcement. The Parties expressly agree that this Mutual Arbitration Agreement shall be governed by the FAA even if either party is 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.
Requirement of Individual Arbitration and Relief. The Parties mutually agree that if You or we elect to arbitrate a Claim, such Claim must be resolved in individual arbitration. The Parties further agree that, to the maximum extent allowable by law, they each waive the right to bring or participate as a class member in a class, consolidated, collective, representative, or private attorney general proceeding, and an arbitrator shall not have any authority to hear or arbitrate any class, consolidated, collective, representative, or private attorney general proceeding for any Claim subject to arbitration under this Mutual Arbitration Agreement. The arbitrator may award relief (whether monetary, injunctive, or declaratory) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. That means that the Parties waive the right to seek public injunctive relief, other non-individualized injunctive relief, or any other remedy (such as damages) on behalf of others. In addition, except in the case of joint borrowers, the arbitrator may not consolidate more than one person’s claims unless all parties agree. This waiver of class, consolidated, collective, representative, and private attorney general proceedings and non-individualized relief does not prevent You or us from participating in a settlement of Claims on a class-wide, consolidated, collective, representative, or private attorney general basis, to the extent You or we do not exercise a right to opt out of such settlement. Nor does this waiver prohibit the use of a process arbitrator to decide administrative or other non-merits issues if permitted by the mass arbitration rules or other rules of the administrator and the rest of this Mutual Arbitration Agreement. If, after exhaustion of all appeals, any of these prohibitions on class, consolidated, collective, representative, or private attorney general claims or proceedings or on public or non-individualized 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.
a) Notice of Pre-Arbitration Dispute: 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 any requested informal dispute resolution conference. The party who wishes to assert a Claim (“claimant”) must first give written notice to the other party of their intent to initiate arbitration (a “Notice of Pre-Arbitration Dispute”). A Notice of Pre-Arbitration Dispute must contain all of the following: (1) the claimant’s name, telephone number, and mailing address and any preferred e-mail address for communications; (2) the Account number of any Account at issue; (3) a detailed factual description of the nature and basis of the dispute, including the legal claims asserted; (4) the relief sought, including the basis and amount of any alleged damages; (5) the personal handwritten signature of the claimant (an electronic signature is not sufficient unless the other party agrees); and (6) if You are the claimant and have retained counsel, a statement with Your personal handwritten signature authorizing us to share information about the Account and the Claim with Your counsel. The claimant agrees to cooperate with any reasonable request by the other party to verify the claimant’s identity and the fact that the claimant authorized submission of the Notice of Pre-Arbitration Dispute or the disclosure of Account information to their counsel. If You are the claimant, 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 Regional is the claimant, Regional will send the Notice of Pre-Arbitration Dispute to the most recent address for You in our files.
b) Informal Dispute Resolution Conferences: After the Notice of Pre-Arbitration Dispute containing all of the information required in section (a) above is received, a sixty (60) day period during which the Parties must engage in good faith efforts to resolve the Claim informally (“Informal Resolution Period”) will begin. During the Informal Resolution Period, either party may request a telephone or video conference to discuss resolution of the Claim (“Informal Dispute Resolution Conference”) and both You and a Regional representative must personally participate in the conference. If either party is represented by counsel, that party’s counsel may participate in the Informal Dispute Resolution Conference, but both You and a Regional representative must also personally participate in the conference unless You and we agree otherwise in writing. For the protection of Your confidential Account information, multiple customers who are not joint borrowers cannot participate in the same Informal Dispute Resolution Conference unless agreed to by all Parties in writing. The Informal Dispute Resolution Conference will take place at a mutually agreeable time, including after the sixty (60) day Informal Resolution Period if needed to accommodate the Parties’ schedules in which case the Informal Resolution Period shall be extended until either the Informal Dispute Resolution Conference is held or the request for it is withdrawn. Nothing in this Mutual Arbitration Agreement shall prohibit the Parties from engaging in informal communications to resolve the Claim at any time, including before the Informal Resolution Period or the Informal Dispute Resolution Conference. Settlement discussions, including offers of settlement and the sharing of any Account information, will not be disclosed in the arbitration. The Parties agree that any applicable contractual or statutory limitations period for the Claims and requests for relief set forth in the Notice of Pre-Arbitration Dispute will be tolled during the Informal Resolution Period.
c) Commencing Arbitration: Arbitration cannot be commenced until after the Informal Resolution Period has ended. The Notice of Pre-Arbitration Dispute 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. After the Informal Resolution Period has ended, 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 or attach all of the following to be accepted for administration: (1) the name, telephone number, and mailing address of the party initiating arbitration and any preferred e-mail address for communications; (2) the Account number of any Account at issue; (3) a statement of the legal claims being asserted, the detailed factual basis of those claims, and the remedies sought; (4) the personal handwritten signature of the party initiating arbitration (an electronic signature is not sufficient); and (5) a copy of the Notice of Pre-Arbitration Dispute. If the party initiating arbitration is represented by counsel, counsel must also sign the demand for arbitration under 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 Demand, 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.
d) Electing Arbitration: If a Claim subject to arbitration is asserted in a lawsuit in court (whether in a complaint, counterclaim, cross-claim, or third-party claim, or in any other way), the party against whom the Claim is asserted may elect arbitration of the Claim, including by making a demand that the other party arbitrate their Claim or by filing a motion to compel arbitration with the court. No actions taken by the parties in a lawsuit shall constitute a waiver of any rights under the Mutual Arbitration Agreement. If arbitration is elected, the party bringing the Claim must follow the arbitration procedures set forth in the Mutual Arbitration Agreement, including the Notice of Pre-arbitration Dispute.
e) Arbitration Administrator and Rules: 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 by 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 entity may serve as administrator if it fails to abide by the terms of this Mutual Arbitration Agreement unless all Parties otherwise consent in writing. The arbitration will proceed in accordance with this Mutual Arbitration Agreement and the administrator’s rules and procedures in effect when the arbitration commences, including any streamlined or expedited arbitration rules and any mass arbitration procedures such as the JAMS Mass Arbitration Procedures and Guidelines. In the event there is a conflict between the administrator’s rules and procedures and this Mutual Arbitration Agreement, the 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.
f) Arbitration Fees: Unless a different allocation is required for this Mutual Arbitration Agreement to be enforceable, the rules of the administrator will govern the allocation and payment of filing, administrative, and arbitrator fees. Each party agrees that they will not oppose or interfere with any negotiations or agreements between the other party and the arbitration administrator relating to that 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.
g) Arbitrator Selection: A single arbitrator will be selected in accordance with the rules of the administrator. Unless You and we agree otherwise, the arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. Either party may also request appointment of a process arbitrator if permitted by the administrator’s rules or procedures.
h) Arbitration Hearings and Awards: The arbitrator may conduct the proceedings by telephone, video conference, or in-person hearing so long as the hearing location is in a place reasonably convenient to You. The arbitrator must allow the parties to submit dispositive motions, such as motions to dismiss or for summary judgment, for ruling. Before the hearing, the arbitrator may issue orders allowing the Parties to conduct discovery, including of third parties, sufficient to allow each party to prepare their claims and defenses. The arbitrator shall take into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. The arbitrator must apply the same state or federal substantive law that a court would apply and honor all privileges recognized by applicable law, including the attorney-client privilege and attorney work product doctrine. The arbitrator, however, is not 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 (unless required for this Mutual Arbitration Agreement to be enforceable). Except as provided in the Requirement of Individual Arbitration and Relief section above, 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. If the arbitrator determines that a party’s claim or counterclaim violates the standards set forth in Federal Rule of Civil Procedure 11(b), the other party is entitled to recover its attorneys’ fees, costs, and expenses associated with defending against the claim or counterclaim. The arbitrator may also impose sanctions on counsel if appropriate. An arbitrator may consider awards from arbitrations involving other parties, but an arbitration award is not binding and has no preclusive effect in any proceeding, whether in court or arbitration, involving different parties. The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. A judgment on the award may be entered by any court having jurisdiction. 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.
i) Appeal of Arbitration Awards: The arbitrator’s award shall be final and binding on all Parties, except for any right to judicial review provided by the FAA. However, if the amount of the Claim exceeds $1,000,000, or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit exceeding $1,000,000, either 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 any aspect of the initial award requested by either party. The decision of the panel shall be by majority vote. References in this Mutual Arbitration Agreement to “the arbitrator” means 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 reallocation by the arbitrator panel as justice requires. Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.
Forum Selection. To the greatest extent permitted by law, in addition to any other court that may have jurisdiction, You and we agree that an action to enforce or challenge any part of the Mutual Arbitration Agreement may be brought in North Carolina federal or state court. You and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or the laying of venue.
Survival and Severability. This Mutual Arbitration Agreement shall survive the closing of Your Account and the termination of any relationship between us, including the termination of this Agreement. Except as specified in the Requirement of Individual Arbitration and Relief section, 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. If a court determines that a public injunctive relief claim may proceed notwithstanding the Litigation Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, any individual claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been fully decided on their merits.
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 must personally notify Regional of Your intention to opt out by submitting a written notice to Regional stating that You are opting out of this Mutual Arbitration Agreement. This written notice must be signed by You with Your personal handwritten signature (an electronic signature or signature of an attorney, agent or representative of Yours is not sufficient) and include Your name, address, and Account number and sent, 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. In order to be effective, Your opt out notice must be received by Regional within thirty (30) days of opening Your Account. This is the sole and only method by which You can opt out of this Mutual Arbitration Agreement and You may only opt out on behalf of yourself and not any third parties. Any attempt to reject this Mutual Arbitration Agreement on Your behalf by any other person or through any other method or form of notice, including the filing of a lawsuit, will be ineffective. 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 You and we may pursue available legal remedies without regard to this Mutual Arbitration Agreement. If You do not send Regional proper and timely notice of Your opt out, You are agreeing to the terms of this Mutual Arbitration Agreement. Your decision to opt out of this Mutual Arbitration Agreement will not relieve You of any obligation to arbitrate disputes under other agreement(s) with Regional that contain 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 account or agreement shall not relieve You of Your obligation to arbitrate disputes pursuant to this Mutual Arbitration Agreement.
Future Changes to Mutual Arbitration Agreement. Notwithstanding any other provision in this Agreement, if Regional makes a change to this Mutual Arbitration Agreement (other than a change to the address to which Notices of Pre-Arbitration Dispute or Demands for Arbitration must be sent), You may reject the changes by sending Regional written notice via certified mail or by overnight carrier mail to Regional Acceptance Corporation, c/o Truist Legal Department, Attn: Arbitration Change Rejection, Mail Code 306-40-01-15, 1001 Semmes Avenue, Richmond, VA 23224. To be valid, Your rejection must (1) include Your name, address, and Account number; (2) be signed by You with Your personal handwritten signature (an electronic signature or signature by any attorney, agent, or other representative of Yours is not sufficient); and (3) be received by Regional within thirty (30) days of the first notice of the change. Any rejection of a future change does not alter, change or affect Your agreement to arbitrate in accordance with the language of any prior version of the Mutual Arbitration Agreement (as modified by any amendments that You did not validly reject).
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.