Regional Finance Terms of Use
Effective Date: May 10, 2017

By entering the Regional Finance (“Regional”) customer portal (“site”), you acknowledge your agreement with and understanding of the following Terms of Use pertaining to this site including all material on it. These Terms of Use govern your use of this site. If you do not agree to these Terms of Use, please immediately discontinue accessing this site immediately.

You agree that Regional may from time to time amend all or any part of these Terms of Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through this site and changing the features and functionality to this site. Regional will notify you electronically of any change to these Terms of Use as required by applicable law. Any such changes shall take effect as soon as they are posted on this site. Your use of the site after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should review these Terms of Use periodically for any such changes.

The site is not intended for, and should not be used by, persons who have not reached the age of majority in their states of residence. The site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. Regional may restrict your access to the site during times you are in a country for which use of the site would be prohibited. You are responsible for compliance with all local laws.

The Terms of Use shall be subject to any other agreements you have entered into with Regional. Products or services accessible through the site may contain separate terms and conditions of use, which are in addition to these Terms of Use. Where appropriate, please review those separate terms and conditions. In the event of a conflict, the specific terms and conditions for these products and services will govern.

Uses of the Site and Content:

Regional does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the site for your personal and noncommercial use only, and you shall not make any other use of such material without Regional’s written permission. Without limiting the generality of the foregoing:

• Unless you receive Regional’s written permission in advance, you may not exploit any of the content on this site commercially, forward it as a mass distribution, or post it on another site.
• If you link other sites to this site, you may not imply or suggest that Regional has endorsed or is affiliated with such sites and you may not display this site or any of its content as “framed” within another site.
• You agree not to copy large portions of the site by any means (including, by way of example, through use of bots, robots or spiders that “harvest” the site), interfere with the functioning of the site or restrict or inhibit any others from using the site.
• If you download any information or materials from the site, you agree that you will not remove or obscure any copyright, trademark or other notices or legends contained in any such information or materials. You may not alter or modify the content in your copies.
• You are not authorized to post on or transmit to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
• You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this site or use or gain access to the identities, information or computers of others through this site.
• You may not transmit any malware, trojan, virus, worm, time bomb or similar system interference or corruptant through this site.

Regional has the right (but not the obligation) to monitor this site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. Regional reserves the right to change or supplement its policies as to prohibited uses at any time to the fullest extent permitted by applicable law.

Regional may at any time, with or without cause, and without prior notice to you deny you access to the site. Regional may terminate these terms and your access to the site in whole or in part at any time without prior notice to you. In the event Regional terminate these terms, any transactions you have entered into with us shall remain in effect.

This content of the site may provide general information about our products and services as well as specific account information about the products and services that Regional is currently providing to you. Your continued eligibility for our products and services is subject to our final determination, restrictions, and acceptance. Regional may discontinue or make changes to the information, products, licenses, or services available on this site at any time. Any dated information is published as of its publication date only. Regional does not undertake any obligation or responsibility to update or amend any such information. Regional reserves the right to terminate any or all offerings accessible through the site without prior notice. Furthermore, by offering information, products, or services via this site, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.

Although Regional tries to provide accurate and timely information on this site, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons Regional cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this site.

From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons the site may not be available for your use. Regional minimizes the periods of time during which the site is unavailable. You agree that Regional shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the site, regardless of whether it could be shown that Regional could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. Regional shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the site caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.

To protect the security of your information, Regional may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on this site. In order to conduct certain activities and functionalities of the site, you may need to register for an account, which includes creating access credentials, such as an email address and password. You are solely responsible for (1) monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials; (2) not allowing another person to use your access credentials; and (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. Regional is not responsible for any harm relating to the theft of access credentials resulting from your actions, your disclosure of access credentials, or your decision (in violation of these terms) to allow another person or entity to access and use the site using your access credentials.

You acknowledge and agree that you are solely responsible for maintaining the security of the devices you may use to access the site. Regional is not responsible for any losses resulting from the loss or theft of your device. You must immediately notify Regional regarding any unauthorized use of your account or access credentials or any other concerns that you have about the misuse or security of your account by emailing legal@regionalfinance.com. Until Regional receives this notification from you, you may be held liable for any harm resulting from the improper use of your device or access credentials.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

This site may include features that allow users to post content and materials to public posting areas of the site. Responsibility for what is posted in public areas of our site lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

Ownership and Intellectual Property:

The trademarks, logos and service marks shown on this site are registered trademarks of Regional. Nothing on this site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark on this site. Copying or downloading material from this site does not transfer title to any material on this site to you. Regional reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law. Anything transmitted to this site by you becomes Regional’s property in which you shall have no expectation of privacy and may be used by us for any lawful purpose. Users of this site should refrain from using it to transmit personal or private information.

Linked Sites:

This site may provide links to certain Internet sites sponsored and maintained by third parties. Regional is providing such links solely as a convenience to you. If you visit a link to another site, you do so at your own risk subject to the terms and conditions establish by the operator of that site. The fact that Regional provides a link to a site does not necessarily mean Regional endorses, authorizes, or sponsors that third-party site, or that Regional is affiliated with the third-party site's owners or sponsors. Regional reserves the right to terminate a link to a third-party site at any time.

Similarly, this site may be accessed from third party links over which Regional has no control. Accordingly, Regional makes no representations concerning the content of any third party sites. The fact that a site has provided a link to this site does not constitute an endorsement, authorization, sponsorship, or affiliation by Regional with respect to such sites, their respective owners, or their respective providers.

Regional has not tested any information, software, or products found on any of third-party sites and therefore, does not make any representations with respect thereto, including any representations regarding the content or sponsors of such sites, or the suitability or appropriateness of the products or transactions described therein.

No Warranty; Limitation on Liability:

Your use of this site is at your sole risk. The materials on this site are provided “AS IS” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or non-infringement, as well as warranties implied from a course of performance or course of dealing. Regional further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of malware, trojans, viruses, worms, time bombs or other harmful components (“Harmful Components”). Regional shall not be liable for any damages from Harmful Components that may infect, or services, repairs or corrections that must be performed on, your computer on account of your accessing this site. To access the site, you will need a working connection to the Internet via a web browser on your computer for which you are responsible for all costs, expenses, and fees.

Under no circumstances, including, but not limited to, negligence, shall Regional be liable for any direct, indirect, punitive, exemplary, special, incidental, consequential or other damages that result from the access or use of, or the inability to access or use, the materials on this site or any site you access through a link from this site, even if Regional has been advised of the possibility of such damages.

Indemnification:

You agree to indemnify, defend and hold harmless Regional, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

Governing Law and Consent to Jurisdiction:

These terms and your use of this site shall be governed by the laws of the United States of America and the State of South Carolina without regard to its conflicts of laws principles. Any legal action or proceeding related in any way to this site or your use of this site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in South Carolina.

Integration and Severability; Waiver:

This agreement represents the entire agreement between Regional and the user relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in this agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder shall continue in full force and effect.

No waiver by Regional of any right under or term or provision of this agreement will be deemed a waiver of any other right, term, or provision of this agreement at that time or a waiver of that or any other right, term, or provision of this agreement at any other time.

Communications:

When you register your account on the site, you consent to receive communications from Regional. You consent to receive disclosures, notifications (including payment notifications), and other information from us electronically through this site or by email. By consenting to the electronic delivery of disclosures, you agree that we may provide electronically any and all communications concerning your account, the terms of any product or service that may be provided to you, and any further disclosures required by federal or state law. Your consent also applies to any payments, payment notifications, or other ancillary agreements related to our products and services and to any application for any future products and services offered by us.

To electronically receive and view and electronically save or print the disclosures, you must have: (1) a web-enabled computing device; (2) a widely-used, recent-generation HTML5-capable web browser (for example, Internet Explorer, Safari or Firefox); (3) Adobe Reader; (4) access to the email address specified on your application (or a new email address you subsequently provide us); and (5) either a printer, hard drive or other storage device. You understand that any disclosures may be sent to you by emails containing attachments in PDF format or links to documents in PDF format on our site. You should make sure that any spam filter you use is set to allow receipt of messages from noreply@regionalfinance.com. If the information you have supplied us for contacting you electronically changes, please update your contact information in your Customer Profile. You represent that you have the hardware, software, email address and email capacities described above.

You may withdraw your consent to receipt of electronic disclosures by exiting this site without completing the registration process. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to legal@regionalfinance.com. Include your name, address, and account number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you.

By clicking the “I Agree” and “Signup” buttons, you authorize Regional (and its agents) to email you at the email address providing by you during the registration process and to make telemarketing calls to your telephone number(s) providing by you during the registration process using an automatic telephone dialing system and/or an artificial or prerecorded voice. Your consent is not required to receive our products and services. You understand that any communications that we send or leave for you may be accessed by anyone with access to your email account or telephone messages. You understand that your mobile phone service provider may charge you fees for text messages that we send you and for calls that we make to you, and you agree that we shall have no liability for the cost of any such messages or calls. At any time, you may withdraw your consent to receive marketing emails or calls by emailing us at legal@regionalfinance.com. Alternatively, to stop marketing emails, click on the “Unsubscribe” link in any email we send you and follow the on-screen instructions. To stop marketing text messages, simply reply “STOP” to any marketing text message that we send you.

Binding Arbitration

Unless you opt-out, you are agreeing to resolve disputes arising from the site through arbitration.

THE BINDING ARIBITRATION CLAUSE BELOW SAYS THAT YOU AND REGIONAL AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS PART OF THESE TERMS OF USE. PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND OUR BINDING ARBITRATION AGREEMENT AND HOW YOU CAN OPT-OUT OF IT.

Our goal is to resolve disputes fairly and quickly. However, if we cannot resolve a dispute with you, then, except as described elsewhere below, each of us agrees to submit the dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution. As an alternative, you may bring your claim in your local "small claims" court, if its rules permit it.

You may bring claims only on your own behalf, and not on behalf of any official or other person, or any class of people. Only claims for money damages may be submitted to arbitration; claims for injunctive orders or similar relief must be brought in a court. You may not combine a claim that is subject to arbitration under these Terms of Use with a claim that is not eligible for arbitration under these Terms of Use. The arbitrator will decide whether a dispute can be arbitrated.

The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or we request one. Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institution that rendered the original award. Any such appeal must be filed within 30 days and the appeal will be decided, based on that institution's appeal rules, within 120 days of filing.

Before you initiate an arbitration proceeding, you may request that we advance on your behalf (1) the arbitration filing fees (but only to the extent they exceed your local small claims court filing fees) and (2) the portion of the arbitrator's costs for which you would normally be responsible. If we win the arbitration, you will reimburse us for these advances. We will, of course, pay any fees or costs required under the law where you live.

You may opt-out of this arbitration provision. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision at the following address:

Regional Finance
Attn: Legal Department
979 Batesville Road, Suite B
Greer, SC 29651

You must include your name, address, the URL of this arbitration provision, and a clear statement that you wish to opt-out of this arbitration provision in these terms and conditions.

If the prohibition against class action and other claims brought on behalf of third parties contained in the Terms of Use is found to be unenforceable, then all of this arbitration provision will be null and void. This arbitration provision will survive these Terms of Use and the termination of your use of this site.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, You waive (in other words, give up) the right to commence any proceeding against Regional if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified Regional in writing of the events giving rise to the proceeding within one year of their occurrence.

Please print or save a copy of the Terms of Use for your files.