Regional Acceptance Corporation Agreement Regarding Online Services

1.  Definitions

“Service” means the Regional Acceptance Corporation (“Regional”) Customer Payment Portal service and any other online product or service offered through Regional’s website , mobile apps, or any other means of digital communication in which you have enrolled, which allows you to use a personal computer or other wireless device to make Account payments and view notices, statements, and other information about your Account balances and transactions. The words “we”, “us”, and “our” refer to Regional Acceptance Corporation and any agent, independent contractor, designee or assignee that Regional may, in its sole discretion, involve in the provision of the Service.  The words “you” and “your” mean the individual(s) or entity(ies) using the Service. As used in this Agreement Regarding Online Services (“Agreement”), “Account” means the account(s) you have with Regional.

2.  Applicability

This Agreement between you and Regional governs your use of the Service.  By subscribing to the Service or using the Service, you agree to the terms of this Agreement.  Please read this Agreement carefully and in its entirety.  We suggest that you print a copy of this Agreement.

3.  The Service

You may use an electronic device to access the Service, and can use the Service to make payments or direct us to make payments to your Regional Account(s).  You may also access Account and transaction information on your eligible Account.  Not all Regional accounts are eligible for electronic payments using the Service.  You may access the Service by using the Regional website or mobile application administered by Regional or its designated service provider.  You agree that you will use the Service, and any products or services received as a result of your use of Service, in a manner consistent with this Agreement. We may also add, modify, or delete any feature of the Service in our sole discretion. We may, but are not required to, provide you with notice of any change or termination in the Service. We may, but are not required to, send you notice when new features are added to or changed on the Service.

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

4.  Software and Hardware Requirements

You may access the Service by using the Regional website or mobile application administered by Regional or its designated service provider.

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

• Equipment Requirements 

Compatible Browsers

• Mozilla Firefox
• Google Chrome
• Safari
• Microsoft Internet Explorer
• Microsoft Edge

Note: Regional Acceptance no longer supports older browsers that only support TLS 1.0 due to security.

Device

You may use any internet capable device or personal computer to access the website

Document Viewing

Documents available for viewing require Adobe PDF Viewer

5.  Security

            User ID and Password           

You will be asked to provide a personal User ID and a Password , which you will use to obtain access to your Account(s) at Regional. You authorize us to follow any instructions entered through the Service using your User ID and Password. Because your User ID and Password can be used to access information about these Account(s), you should treat your User ID and Password with the same degree of care and secrecy that you use to protect your ATM Security code and other sensitive financial data. We may ask you to change your User ID and Password from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your User ID or any other personalization of your Account(s). 

            Security Measures

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

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

We reserve the right to refuse to allow you to use the Service. Any user of this Service shall comply with all applicable laws and regulations, including the laws and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC).

6.  Balance Inquiries

You may use the Service to check the balance of your Account(s). The balances shown may differ from your records because they may not include recent payments or charges. No fee is charged by Regional for access to the Service.

7.  Payments

You may use the Service to authorize one-time or recurring payments of your Regional Account(s). Your Account payments will be charged to your designated deposit account through the ACH network or, if available, charged to your designated payment card through a card network. You may schedule one-time Account payments for processing on the date you authorize the payment or on a future date, subject to the restrictions in this Agreement. You may schedule recurring Account payments for processing on the same date each month or substantially regular intervals, subject to the restrictions in this Agreement.

8.  Stopping or Modifying Payments

You cannot use the Service to change or stop a one-time Account payment after you authorized it. You can use the Service to change or stop a recurring Account payment, subject to the restrictions in this Agreement. To stop a one-time or recurring Account payment, you can write to us at the address we provided in your authorization for recurring Account payments or you can call Regional’s Customer Support Department at 1-866-644-7687. If you call us, we may also require you to put your request in writing and send it to us within fourteen (14) days after you call us.

9.  Cut-off Time for Payments Made by Bank Account or Payment Card

Payment card and one-time bank account payments made before 11:00 P.M Eastern Time, USA, on a day that is not the last day of the month will post to the Account on the same day.  Payments made after 11:00 P.M. Eastern Time, USA, on a day that is not the last day of the month will post to the Account on the next day.

Payment card and one-time bank account payments made before 11:45 P.M Eastern Time, USA, on the last day of the month will post to the Account on the same day.  Payments made after 11:45 P.M. Eastern Time, USA, on the last day of the month will post to the Account on the next day.

10.  Communications Consent

You agree that Regional and any of its affiliates, agents, service providers or assignees may call you, leave you a voice prerecorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to the servicing and collection of your Account(s) with Regional, for surveys or research or for any other informational purpose related to your Accounts(s) with Regional (each a “Communication”). You agree that Regional and any of its affiliates, agents, service providers or assignees may call or text you at any telephone number associated with your Account(s), including cellular telephone numbers, and may send an e-mail to any email address associated with your Account(s), including any phone numbers, e-mail addresses or any other contact information provided by you regarding your use of the Service. You also agree that Regional and any of its affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. Regional will not charge you for a Communication, but standard data and message rates may apply. In addition, you understand and agree that Regional and any of its affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.

11.  Change in E-Mail Address

If the e-mail address you provide to Regional regarding the Service should change, you must contact Regional immediately at 1-866-644-7687 or through the Service. Regional is not responsible for communications or other information that is not received by you due to you not having an updated email address on file.  Regional is not responsible for any fees or delinquency status that you may incur because your communication is not received. You are still responsible for making your monthly payments due to Regional on or by the contractual due date.

12.  How to Withdraw Consent / Termination

You may terminate your use of the Service by providing notice at least ten (10) days prior to the date on which you wish to have your Service terminated. You may terminate it by contacting us at 1-866-644-7687, through the Service, or by writing to us at Regional Acceptance Online Support, 1420-B E. Fire Tower Road, Greenville, NC 27858.  At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a request to terminate your use of the Service. We may require that you put your request in writing.  If there is more than one Account owner or if more than one person is authorized to access the Account via the Service, we may terminate the Service upon the request of any Account owner or person authorized to access the Account.  Subject to applicable law, we may terminate your use of the Service, in whole or in part, at any time without notice.  Upon termination, you will remain liable for payments and other transactions in process, and all accrued fees and charges.

13.  Joint/Multiple Owner Accounts

For joint Accounts, either or both Account holder may enroll for the Service.  The email address you provide at time of enrollment will receive any applicable Communications, subject to any changes you make to such email address through the Service or by contacting us.  It is your responsibility to notify us if your contact information changes. You can update your contact information via the Service or by contacting us at 1-866-644-7687.

14.  Errors With Transactions Regarding Your Account

Errors may occur regarding your Account due to circumstances beyond our control that prevent the proper completion of a transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, or any defect or malfunction of your electronic device or related software, hardware of telephone line.  Furthermore, errors may occur if you have not properly followed the instructions for using the Service.

15.  Error Resolution Notice

In case of errors, unauthorized access, or questions about the Service or your Electronic Payments, telephone us at:

1-866-644-7687

Or write:

Regional Acceptance Online Support
1420-B E. Fire Tower Road
Greenville, NC 27858

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

When contacting Regional regarding an error resolution, please be prepared to communicate the following information:

a.   Your name and social security number or tax identification number.

b.   The error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

c.   The dollar amount of the suspected error.

If you tell us orally, we may require you to send us the information or question in writing.

16.  Electronic Messaging

The Service provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. If you need to contact us immediately, please call us at 1-866-644-7687.

Electronic messaging CANNOT be used to notify us of lost or stolen User IDs or Passwords or unauthorized transactions. Notice of these occurrences must be done as specified in the Section titled Error Resolution Notice. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging.  The electronic messaging service may not be used to send or receive email messages to or from the general public.

17.  Disclaimer of Warranty and Limitation of Liability

WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU OR TO ANY OTHER PERSON IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT, THE SERVICE OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

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

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

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

TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGIONAL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THIS AGREEMENT, THE SERVICE, ANY PRODUCTS OR SERVICES OBTAINED THROUGH USE OF THE SERVICE, OR PRIVACY POLICY RELATED TO THE SERVICE, IS YOUR CESSATION OF THE USE OF THE SERVICE.

18.  General

a.         Entire Agreement

Except as provided in this Section 18(a) below, this Agreement constitutes the complete and exclusive agreement related to the Service, and supplements any other agreement or disclosure related to your Account(s). In the event of a conflict between this Agreement and any other agreement or disclosure related to your Account(s) or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein.

If you also consent to the terms of the Agreement to Receive Electronic Communications (the “Electronic Communications Agreement”), then this Agreement and the Electronic Communications Agreement both govern your use of the Service. In the event of a conflict between this Agreement and the Electronic Communications Agreement, this Agreement shall control as to the subject matter addressed herein.

b.         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.

c.         Assignment

You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any agents, representatives, affiliates and/or third parties.

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.

e.         Compliance with Applicable Laws

Any user of this Service shall comply with all applicable laws. We reserve the right to refuse to process any transaction we reasonably believe violates applicable law or we believe is made in connection with any unlawful transaction or activity. We will notify you if we do not process a transaction.

f.          Amendments

We may amend this Agreement from time to time by posting the amended Agreement on our website along with a notice that this Agreement has been amended, or by any other reasonable notification method. You may obtain the most recent version of this Agreement by calling 1-866-644-7687 to request a copy. Continued use of the Service following notice of amendment of the Agreement by Regional constitutes your acceptance of any amendments to this Agreement and your agreement to comply with any changes.

g.         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.

h.         Service Hours

The Service is available 24-hours a day, seven days a week, except during maintenance periods.

i.          Service Notifications

We may add, modify or discontinue the Service at any time, including changing the terms and conditions governing the Service. You agree that we may send you electronic notifications concerning the Service, including notice of a change or termination of the Service. We may also temporarily suspend your use of the Service at any time for security reasons or any other reason in our sole discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.

j.          Confidentiality

Subject to applicable law, we will disclose information to third parties about you and your Account(s): (i) where it is necessary for completing payment transactions; (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us permission; (v) as stated in the BB&T Corporation Consumer Privacy Notice ; and (vi) 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, 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.

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:

1. 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.
2.  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.
3. 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.
4. 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
5. 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.
6. 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.
7. 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.
8. 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

1. Introduction
   1. 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.
   2. The Service
      You may use a personal computer ("PC") or wireless device to access the Service.
2. Definitions
   1. Account(s) refers to your eligible loan with Regional Acceptance Corporation.
   2. Business Day(s) means Monday through Friday, except Federal Reserve holidays.
   3. 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.
   4. 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.
   5. You or your refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using the Service.
      
3. Security
   1. 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).
   2. 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.
      
4. 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.
   
5. 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.
   1. 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.
   2. 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.
      
6. 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.
7. General
   1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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 1-866-644-7687to request a copy. Continued use of the Service following notice of amendment constitutes acceptance of any amendments to this Agreement.
   6. 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.
   7. Service Hours
      The Service is available 24-hours a day, seven days a week, except during maintenance periods.
   8. Business Days
      Our Business Days are Monday through Friday. Federal Reserve Holidays are not included.
   9. 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.
   10. 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.
   11. 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.
   12. 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

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.