Agreement
Agreement
Agreement
Summary of Contracts
This document contains the following contracts.
Title Version ID
1.0 EN
Date / Time:
IP Address:
User Agent:
Jan 24, 2024 at 8:37 PM GMT
172.56.77.235
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Mozilla/5.0 (iPhone; CPU iPhone OS 17_2_1 like Mac OS X) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/17.2
Mobile/15E148 Safari/604.1
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RENTAL-PURCHASE AGREEMENT
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AGREEMENT TO RENT WITH OPTION TO PURCHASE. By signing this Rental-Purchase Agreement (the
“Agreement”), the undersigned Customer (“you” and “your”) chooses to rent the Property from the Lease
Company (“we,” “us,” and “our”) according to the terms of this Agreement. You are obtaining the possession of
the Property from Jr Truck Services, Llc (the “Retailer”). We own the Property unless and until you make the
payments necessary to acquire ownership. You are renting the Property from us. You agree to obtain only new
goods for personal, family or household purposes.
IMPORTANT RENTAL-PURCHASE DISCLOSURES – INCLUDING COST AND PAYMENT
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Processing Fee: $ 0.00 Required Initial Rental Payment: $ 39.00
If applicable, the Processing Fee is earned as of If applicable, the Required Initial Rental Payment
the execution of this Agreement and is not a covers the period that begins on the date you receive
payment toward the Cost of Rental. If you did not the Property and ends on the due date of the first
pay the Processing Fee at the time you signed Regular Payment. If you did not make the Required
this Agreement, it is included in the Regular Initial Rental Payment at the time you signed this
Payments. Agreement, it is included in the Regular Payments.
Initial Payment Due Today: $ 39.00 This is the sum of the Processing Fee, Required Initial Rental Payment
and any additional cash you elect to pay today.
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The Property is available at this price for cash
from the Lessor, taking into account any non-
required initial payments you may have made.
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(a) Do not sign this rental-purchase agreement before you read it or if it contains any blank spaces.
(b) You are entitled to an exact copy of the rental-purchase agreement you sign. Keep it to protect your legal
rights.
By signing, you agree that you received a legible copy of this Agreement. You agree to the terms of this Agreement, which includes
without limitation the Additional Agreement Terms (including the Electronic Payment Authorization and the Customer
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Communications and Recordings sections, the Arbitration Clause set forth in Exhibit B, and the other terms, conditions and Exhibits
referenced herein or attached hereto).
Customer Signature:
Digitally Signed By William Santiago
Customer Email [email protected]
From Browser Mozilla/5.0 (iPhone; CPU iPhone OS 17_2_1 like Mac OS X) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/17.2
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Client IP Address 172.56.77.235
Signed Date and Time 2024-01-24 13:37:15.369614983
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The Lease Company's authorized signature indicates the Lease Company
has accepted the terms, conditions and obligations of the Agreement and
that the Lease Company agrees to this Agreement.
NOTICE: YOU ARE RENTING THIS PROPERTY. YOU WILL NOT OWN IT UNTIL YOU MAKE ALL OF THE
REGULARLY SCHEDULED PAYMENTS OR YOU USE THE EARLY-PURCHASE OPTION. YOU DO NOT HAVE THE
RIGHT TO KEEP THE PROPERTY IF YOU DO NOT MAKE REQUIRED PAYMENTS OR DO NOT USE THE EARLY-
PURCHASE OPTION.
ADDITIONAL FEES.
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In addition to any Processing Fee identified above, we may charge the following fees:
We may charge a Returned Payment Fee of $ 20.00 if any electronic payment authorized under this Agreement or otherwise by you is
rejected or returned.
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Payment frequency, the length of any subsequent renewal rental period will adjust accordingly.
RIGHT TO TERMINATE.
At any time, you may terminate your obligation to make future Regular Payments under this Agreement without penalty by providing us
notice of termination of this Agreement and by surrendering to us the Property in its original condition, less reasonable wear and tear.
The Property may include the value of certain services, like assembly, installation, or delivery, the costs of which are capitalized into the
Property. If you surrender the Property, you surrender the value of any of these services and will not be required to make any further
payments for them. We may terminate this Agreement at any time if you are in default of your payment or other obligations. Upon
termination by either party, you must surrender the Property to us. In connection with any termination, you will continue to be obligated
for all payments, fees and charges that are due or past due as of the date of termination. You must also pay any amount detailed under
Lost, Stolen, Modified, Damaged or Destroyed Property below.
MAINTENANCE OF PROPERTY.
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You are responsible for maintaining or servicing the property while it its being rented. In accordance with this Agreement, you will
conduct all maintenance, repairs, upkeep and care.
WARRANTY.
If any manufacturer’s or seller’s warranty is in force when you acquire the Property, it shall be transferred to you if allowed by the terms
of the warranty.
You are responsible if the Property is lost, stolen, modified in a manner that reduces its value or damaged in excess of normal wear and
tear or destroyed. If the Property is lost, stolen, modified, damaged or destroyed, you agree to pay us at once an amount equal to the
least of: (1) the Property’s fair market value, as of the time it is lost, stolen, modified, damaged or destroyed (determined by us, using an
industry value guide we select, if any is available); (2) the amount you would need to pay at such time to exercise your early purchase
option, calculated as of the date you notify us that the Property is lost, stolen or destroyed; or (3) in the case of damage, the cost of
repair.
REINSTATEMENT RIGHTS.
If you are in default and/or the Property is surrendered or repossessed, you may reinstate this Agreement without losing any rights or
options by paying: (i) all past due charges; and (ii) if allowed by applicable law, the reasonable costs of retrieval and redelivery if the
Property has been retrieved. You may exercise your reinstatement right within (a) 10 days of your default if you have retained
possession of the Property, or (b) within one year of your default if you have tendered surrender of the Property to us, such longer
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period provided to you under applicable law. Upon reinstatement, we will re-deliver the same Property, or to the extent that the same
Property is unavailable, substitute it with merchandise of reasonably comparable worth, quality, and condition.
WARRANTIES.
We make no express warranty on the Property, and, unless prohibited by law, the following sentences apply. YOU ARE LEASING THE
PROPERTY “AS IS”. WE MAKE NO EXPRESS WARRANTIES ON THE PROPERTY. WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
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the subject of judicial or administrative proceedings.
-Until you purchase the Property as provided in this Agreement, or the Property is surrendered, in each case as permitted under this
Agreement, this Agreement shall continue to renew, and we may continue to charge you regular rental payments under the terms of
this Agreement.
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-We may take any action we believe to be necessary or advisable to protect our interest in the Property.
-We may require that you surrender the Property or peacefully repossess it wherever we may find it. We will give any repossession
notices required by law. After repossession or surrender, we will hold the Property, subject to any right you may have under
applicable law to cure the default or reinstate the Agreement.
TAXES.
You must immediately pay or reimburse us for all sales tax or other government charges related to the Property or this Agreement. We
may add the amount to what you owe us under the Agreement. If you do not pay such amounts when they are assessed (unless such
results from our failure to comply with our obligations), you must pay any penalties when due or reimburse us if we pay them.
TITLE.
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We retain title to the Property unless and until you acquire ownership as provided herein.
ELECTRONIC PAYMENTS AUTHORIZATION. In your financing application, you provided us with payment card information
corresponding to a deposit account, either via routing information tied to a Bank Account or a Debit Card (“Deposit Account”),
and/or a credit card. The following authorization corresponds to the information you provided in that application and any
replacement information you provide to us.
ACH Debits or Credit Card Debits for Payment(s). As of or after each Regular Payment due date (or on any alternative date to which
you and we may later agree), you authorize us and our agents and service providers to initiate an electronic debit for the Regular
Payment amount (or such modified amount as you and we may later agree) from your deposit account or credit card account
ending in ******2187 or any subsequent account you provide to us. If any payment falls due on a non-Banking Day, it will be made on
the succeeding Banking Day.
Reinitiated Payment Attempts. If any debit is returned unpaid, you authorize us to reinitiate such payment, subject to any limitations
under applicable law, up to two additional times or any additional number of times permitted by applicable network rules. This
includes reinitiating such payment, at our discretion, on your card account ending in 2013 , or any additional or subsequent card or
account you provide to us. However, you agree that we are under no obligation to reinitiate any rejected debits. You authorize us to
debit lesser amounts than your payment, based on your payment history.
Error Correction; Modified Payments. If we make an error in initiating any payment, you authorize us to correct the error by crediting
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or debiting your Deposit Account or card in the amount of the error on or after the date any such error occurs. Instead of or in
addition to any payments described above, you authorize us to seek payment from the Deposit Account and/or card for any amount
and on any date that you subsequently confirm by phone, text message or email.
Authorization to Vary Amounts of Payments. You have the right to receive advance written notice if any payment we seek will vary
from the amount authorized above. To exercise this right, please send a written request to the P.O. Box 26561, Salt Lake City, UT
84126. Unless you exercise the right to receive advance written notice of a varying amount, you authorize us to vary the amount of
any scheduled payment so long as such payment is an amount less than 110% of the scheduled amount.
Bank/Card Imposed Fees. If any payment authorized above is dishonored or returned unpaid, you understand that your financial
institution may charge you a fee, in addition to any Returned Payment Fee you may owe us. You agree that we will have no liability
regarding any such fee. IF YOU DO NOT HAVE SUFFICIENT FUNDS TO COVER AN AUTHORIZED PAYMENT, PLEASE CALL US AS
SOON AS POSSIBLE AT THE NOTICE TELEPHONE NUMBER SO THAT WE CAN TRY TO MAKE ALTERNATIVE ARRANGEMENTS
WITH RESPECT TO THAT PAYMENT.
Revoking this Authorization.
YOU MAY REVOKE ANY AUTHORIZATION BY CALLING US AT (877) 557-3769 OR BY WRITING US AT P.O. Box 26561, Salt Lake
City, UT 84126 IN SUCH TIME AND MANNER AS TO AFFORD US A REASONABLE OPPORTUNITY (TYPICALLY THREE BUSINESS
DAYS) TO ACT ON YOUR REQUEST . We may terminate your electronic payments authorization at any time for any reason, including
excessive returned payments. If you revoke any payment authorization or it is otherwise terminated, you will still be responsible for
making any remaining payments that come due. To arrange for another method of payment, please call us at (877) 557-3769 .
Miscellaneous. You certify that you are an authorized signer on the Deposit Account and/or an authorized user of the card. If you
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inadvertently transpose a digit or make a similar error in providing us with information about a payment method, you authorize us to
correct the error. Each charge to a card will be processed in U.S. dollars, and, if a charge is converted into another currency, its
amount may vary based on fluctuations in the applicable conversion rate.
ACH Debits and/or Credit Card Authorization for Returned Payment Fee. You authorize us to debit $ 20.00 for any returned
payment fee.
NON-WAIVER.
We do not waive our rights or remedies under this Agreement by failing to exercise them at any time.
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You authorize us (which for purposes of this section also includes our affiliates, and our and their respective service providers,
successors and assigns) to use automated telephone dialing, text messaging and e-mail systems to communicate with you at the
telephone number(s) and e-mail address(es) you have provided in this Agreement or in any application for a lease with or through us
and at any telephone numbers or email addresses that you subsequently provide to us with information relating to this Agreement, your
other agreement(s) or account(s) held now or in the future by or through us and other important information regarding your relationship
with or through us (“Communications”). Communications might include, for example, messages relating to scheduled or missed
payments. You also agree that Communications to your phone may contain prerecorded or artificial voice messages. You understand
that Communications to a telephone may be played by a machine automatically when the telephone is answered. These messages
may also be recorded by your answering machine. You understand that, notwithstanding our efforts to communicate only with you,
anyone with access to your telephone may be able to listen to these messages or read any text messages that we send to you. You
also understand and agree that, subject to applicable law, we may monitor and/or record any of your phone conversations with any of
our representatives for training, quality control, evidentiary, and any other purposes. However, we are not under any obligation to
monitor, record, retain, or reproduce such recordings, unless required by applicable law. You acknowledge that, when you receive
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Communications from us, you might incur a charge from the company that provides you with telecommunications and/or data
services. You agree that we will not be liable for any fees, inconvenience, annoyance or loss of privacy in connection with any
Communications. If any telephone number you have provided to us changes, or if you cease to be the subscriber or customary user of
any such telephone number, you agree to immediately give us notice of such by calling us at (877) 557-3769 so that we may update our
records. You understand that this consent to receive automated Communications is an essential provision of this Agreement. To the
extent you have the right under applicable law to revoke this consent, you may do so only by contacting us at (877) 557-3769 or P.O.
Box 26561, Salt Lake City, UT 84126, or at any telephone number or address we subsequently provide to you.
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references in this Agreement to the number, frequency, timing and amount of Regular Payments refers to such number, frequency, time
and amount as may be modified by the Lease Company at your request.
SEVERABILITY.
If a court or other dispute resolution body finds any part of this Agreement to be void or unenforceable, this Agreement is to be read as
if that part were never a part of this Agreement. The rest of the Agreement will be enforceable.
PROHIBITED ACTS.
Unless and until you acquired ownership of the Property, you will keep the Property free from any liens or claims and will not sell,
pledge or pawn the Property. To the extent use of the Property requires any minimum criteria for use, including for example a permit,
license, or minimum age, you will not allow any improper use of the Property. You will not use the Property for commercial purposes.
ASSIGNMENT.
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You may not assign this Agreement or, prior to acquiring ownership, transfer the Property without our prior written permission. We may
assign this Agreement and all of our rights under this Agreement. Any person we assign it to may reassign it.
Any statement accompanying your payment to the effect that your balance is paid in full will not bind us. Our deposit of any such
payment will not constitute an accord and satisfaction, and we may apply the payment to your account.
RECEIPT.
Upon your request, we are required to provide you with a written receipt for each payment made.
GOVERNING LAW.
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The law of the state in which you reside when you signed this Agreement and applicable federal law will govern the Agreement and the
interpretation of it, except that the Federal Arbitration Act expressly governs the Jury Trial Waiver and Arbitration Clause. You
acknowledge that you reside at the address listed above on the Agreement Date.
CONSUMER REPORT.
You have authorized us to obtain one or more consumer reports on you in connection with this transaction.
CREDIT REPORTING.
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We may report information to credit bureaus or other third-parties about your account, including late or missed payments, and any
positive or negative account information may be reflected in your credit report.
INDEMNIFICATION.
You agree to indemnify us and hold us and our assignees, agents, and insurers harmless from all damages, injuries, claims, demands,
and expenses, including reasonable attorney's fees to the extent permitted by law, arising out of the condition, maintenance, use or
operation of the Property, including a claim under the strict liability doctrine.
NOTICES.
Any written notices to us under this Agreement should be sent to Snap Finance LLC, ATTN: Customer Service, PO Box 26561, Salt Lake
City, UT 84126, or upon written notice to you, to any address that is later designated in such notice. Any telephone calls to us should be
made to 1-877-557-3769, or upon written notice to you, to any telephone number that is later designated in such notice. Our formal
notices to you will be sent to email address or, if required by law the street address, set forth on the first page of this Agreement or to
any address that is later designated to use by you in writing or another documented method.
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EXHIBIT A
Invoice: 0124
Products:
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Total Invoice: $ 4,250.51
Amt Due Today (w/o Proc Fee): $ 0.00
EXHIBIT B
Arbitration Clause
JURY TRIAL WAIVER AND ARBITRATION CLAUSE. We have put this Jury Trial Waiver and Arbitration Clause (this "Clause") in a
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question-and-answer format to make it easier to understand. However, this Clause is legally binding on you and on us.
If you do not want this Clause to apply, you must send us a signed notice within 30 calendar days
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Can you after the date you signed your Agreement. You must send the notice in writing to Snap Finance LLC
opt out of Yes, within Attention: Arbitration. P.O. Box 26561, Salt Lake City, UT 84126 (or any subsequent address we
this 30 days. provide to you) (the “Notice Address”), or via email to [email protected], with the email
Clause? subject “Arbitration.” Provide your name, address, account number and date. State you opt out of
the Clause. If you opt out, it will only apply to the Clause in that Agreement.
Who does This Clause governs the parties, their heirs, successors, assigns, affiliates, employees, officers and
You, us, and
the Clause directors, and Retailer or other third parties related to any Dispute.
others.
cover?
In this Clause, the word "Disputes" has the broadest possible meaning. This Clause governs all
"Disputes" involving the parties. This includes all claims arising from or related to your application
and Agreements with us or the relationships resulting therefrom. This includes claims related to
information you previously gave us. It includes all past agreements. It includes, as may be
applicable, any additional periods, extensions, renewals, and plans. It includes claims related to
damaged property, buyout, reinstatement, loss, damage, warranty, maintenance, collection,
Which possession, privacy, and customer information. "Disputes" includes, but is not limited to, initial
Disputes All claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution,
are Disputes. statute, regulation, ordinance, common law rule (including rules relating to contracts, torts,
covered? negligence, fraud or other intentional wrongs) and equity. It includes claims that seek individual
relief of any type, including damages and/or injunctive, declaratory or other equitable relief. It
includes claims related to the validity in general of this Agreement. However, it does not include
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disputes about the validity, coverage or scope of this Clause or any part of this Clause. All such
disputes are for a court and not an Arbitrator to decide. But a Dispute about this Agreement as a
whole is for an Arbitrator, not a court, to decide.
For Disputes that you or we elect to arbitrate under this Clause, you and we waive (give up)
our rights to:
Are you 1. Have juries resolve Disputes.
and we 2. Have courts, other than small-claims courts, resolve Disputes.
Yes.
waiving 3. Serve as a private attorney general or in a representative capacity in court or in arbitration.
rights? 4. Without our consent (and except for Group Arbitrations described below) join a Dispute that
you, we or other covered parties have with a dispute that others have.
5. Bring or be a class member in a class action in court or in a class arbitration.
Can you or The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes
another that are arbitrated must be decided in an individual arbitration. You may not pursue any type of
consumer collective action or class action against us in arbitration.
No.
start a
class
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arbitration?
This transaction involves interstate commerce. Thus, the FAA governs. The Arbiter must apply
substantive law consistent with the FAA. The Arbiter must honor statutes of limitation and privilege
The Federal rights. The Arbiter is authorized to award all individual remedies permitted by applicable
What law
Arbitration substantive law, including, without limitation, compensatory, statutory and punitive damages
applies?
Act ("FAA"). (subject to constitutional limits that would apply in court), declaratory, injunctive and other
equitable relief (but only in favor of the party seeking relief and only to the extent necessary to
provide relief warranted by that party’s individual claim), and attorneys’ fees and costs.
We can try to solve Disputes if you call us at (877) 557-3769. If this doesn't resolve the Dispute,
before starting a lawsuit or arbitration, the complaining party must give the other party written
Must the notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and
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parties try any supporting facts. If you are the complaining party, you must send the notice in writing to the
to resolve Yes. Notice Address. You or an attorney you have personally hired must sign the notice and must
Disputes provide the account number and a phone number where you (or your attorney) can be reached. A
first? letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the
complaining party must give the other party a reasonable opportunity over the next 30 days to try to
settle the Dispute on an individual basis.
If the parties do not reach an agreement to resolve the Dispute within 30 days after written notice
of the Dispute is received, the complaining party (the “Claimant”) may commence a lawsuit or an
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arbitration, subject to the terms of this Clause. To start an arbitration, the complaining party picks
an Mailing a
the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit,
arbitration notice
the other party (the “Respondent”) can demand arbitration. This demand can be made in court
start?
papers, such as a motion to compel arbitration. Once an arbitration demand is made, no lawsuit
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can be brought and any existing lawsuit must stop unless a court rules otherwise.
Either party may bring a lawsuit if the other party does not demand arbitration. Either party has the
right to go to small-claims court or an equivalent court, so long as the Dispute is and remains an
individual Dispute pending only in that court; but if the Dispute is transferred, removed or appealed
to a different court, it will be subject to arbitration.
Can
Both parties may use lawful self-help remedies. This includes set-off or repossession and sale of
Disputes
Sometimes. any Property. Both parties may seek remedies in court which don't claim money damages or other
be
forms of monetary relief. This includes pre-judgment seizure or individual injunctive relief but does
litigated?
not include equitable monetary relief. Even if all parties have opted to litigate a Dispute in court, you
or we may elect arbitration with respect to any Dispute made by a new party or any Dispute later
asserted by a party in that or any related or unrelated lawsuit (including a Dispute initially asserted
on an individual basis but modified to be asserted on a class, representative or multi-party
basis).Nothing in that litigation shall constitute a waiver of any rights under this Clause.
The Clause stays effective, unless you timely opt out by following the process described above (see
Will this
Yes, unless “Can you opt-out of this Clause?”). The Clause governs if you rescind the transaction. It governs if
Clause
otherwise you default, renew, prepay, or pay. It governs if you terminate, if you reinstate, and if you return the
continue to
agreed. Property. It governs if your Agreement is impacted by bankruptcy. The Clause remains effective,
govern?
despite a transaction's termination, amendment, expiration, or performance.
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Arbitrations will be conducted under this Clause. Except for some group arbitrations (“Group
Arbitrations”) of common issues of law or fact (“Common Issues”) conducted without an
arbitration administrator, as described below, arbitrations will also be subject to the rules of
the arbitration administrator in effect at the time the arbitration is commenced. However,
arbitration rules that conflict with this Clause do not apply. The arbitration administrator (if
any) will be either: (1) the American Arbitration Association ("AAA"), 1633 Broadway, 10th
Who handles AAA or an
Floor, New York, NY 10019, www.adr.org; or (2) any other company picked by agreement of
the agreed
the parties. If both of the above options are unavailable, a court will pick the administrator (if
arbitration? Arbitrator.
any). No arbitration brought on a class basis may be administered or conducted without our
consent by any administrator or Arbitrator that would permit class or representative
arbitration under this Clause. The Arbitrator will be selected under the rules of the
administrator (if any). However, the Arbitrator must be a lawyer with at least ten years of
experience or a retired judge unless you and we otherwise agree. We may waive any rights
under this Clause, either on our own or at your request.
Will the The Arbitrator will order the hearing within 30 miles of your home or where the transaction
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hearing be Yes. occurred.
held nearby?
The Arbitrator's decision will be final. A party may file the Arbitrator's award with the proper
court. . A party has a limited right to appeal under the FAA. If the amount in controversy
What about Appeals are exceeds $50,000.00, a party may appeal the Arbitrator's finding. Such appeal will be to a 3-
appeals? limited. Arbitrator panel from the same arbitration group. The appeal will be de novo and resolved by
majority vote. The costs of an appeal shall be paid in accordance with the section titled “Will
we advance your Arbitration Fees?”
You and we agree that no arbitration involving you will have any effect on issues or claims in
Do arbitration
a dispute we have with anyone who is not a party to such arbitration (including the parties in
awards affect
No. a Group Arbitration that does not involve you), nor will an arbitration award in disputes that
other
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do not involve you have any impact in an individual arbitration or Group Arbitration involving
disputes?
you.
Will we We will agree to pay all filing, administrative, hearing and Arbitrator fees if you act in good
Under certain
advance your faith, cannot get a waiver of such fees and send us a written request at the Notice Address.
circumstances.
Arbitration We will always pay these amounts if required under applicable law or the administrator's
Fees? rules or if payment is required to enforce this Clause.
Will you have If the Arbitrator awards you funds or other relief, you don't reimburse us any Arbitration Fees
to repay that we advanced to you.
Arbitration
No.
Fees we
advanced if
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you win?
The Arbitrator can require you to pay our fees if: (1) the Arbitrator finds that you have acted
Will you have
in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b));
to repay
No, unless you and (2) this power does not make this Clause invalid. Also, you may be liable for certain
Arbitration
acted in bad arbitration fees in a Group Arbitration, as provided below. Finally, you may be responsible for
Fees we
faith some or all of our legal fees resulting from a bad faith breach of this Clause, if a court or
advanced if
arbitrator determines that assessing such fees to be warranted under the circumstances
you lose?
and the power to assess such fees does not make this Clause invalid.
Can you ever You pay your own attorneys’ fees and legal expenses unless the Arbitrator decides that we
recover your If applicable must pay them under applicable law.
attorneys’ law permits
fees?
Can an award A party may request details from the Arbitrator, within 14 days of the ruling. Upon such
Yes.
be explained? request, the Arbitrator will explain the ruling in writing.
If any portion of this Clause cannot be enforced, the rest of this Clause will continue to apply,
except that:
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1. If a court rules that the Arbitrator can decide a claim on a class or other
representative basis and the court's ruling is not reversed on appeal, only this
sentence will apply and the remainder of this Clause will be void; and
What happens 2. If you bring a claim seeking public injunctive relief and a court determines that
if a part of this the restrictions in this Clause prohibiting the Arbitrator from awarding relief on
It depends. behalf of third parties are unenforceable with respect to such claim (and that
Clause cannot
be enforced? determination becomes final after all appeals have been exhausted), the claim
for public injunctive relief will be determined in court and any individual claims
seeking monetary relief will be arbitrated. In such a case, the parties agree to
request that the court stay the claim for public injunctive relief until the
arbitration award pertaining to individual relief has been entered in court.
In no event will a claim for class relief or public injunctive relief be arbitrated, either
individually or in a Group Arbitration.
It is possible that many Claimants will pursue or threaten Disputes against us involving
Common Issues. Depending upon the circumstances, this may make individual arbitrations
impractical or unduly costly. The Group Arbitration provisions of this Clause are designed to
Copy
address this problem.
Any group of 30-250 Claimants who have given demands that involve Common Issues and
are not already participating in individual arbitrations under this Clause may form a
“Qualifying Group” to participate jointly in a Group Arbitration, provided that no Claimant who
is already a member of a Qualifying Group may join a different Qualifying Group. Also, we
may form a Qualifying Group of 30-250 such Claimants, provided that no Claimant who is
already a member of a Qualifying Group may be included in a different Qualifying Group. The
Qualifying Group for a Group Arbitration shall be deemed to be formed upon delivery of
notice from such Qualifying Group to us or from us to the members of such Qualifying Group
or their counsel (a “Group Arbitration Notice”). All rights and duties of a Qualifying Group
under this Clause will be exercised or performed by a majority of the members of the
Qualifying Group (a “Group Majority”) or a Qualifying Group representative appointed by a
Can you Group Majority (a “Group Agent”).
of
arbitrate or In the event a new Claimant asserts a claim that involves a Common Issue that is being
can we require addressed in an existing Group Arbitration, either we, a Group Majority or a Group Agent may
arbitration of require the new Claimant to participate in the existing Group Arbitration, so long as the
Sometimes. Claimants in such Group Arbitration will remain a Qualifying Group.
Common
Issues in a Different Qualifying Groups may bring separate Group Arbitrations to resolve the same or
Group different Common Issues (for example, if there are more than 250 Claimants with Common
Arbitration? Issues) but no Claimant may participate in an arbitration of the same Common Issue in more
than one Qualifying Group. A different Arbitrator must be appointed for each Group
Arbitration, and no single Arbitrator may hear more than one Group Arbitration of the same
Common Issues. Claims on a class basis or claims for public injunctions may not be heard
or decided in Group Arbitrations.
Upon formation of a Qualifying Group, all Common Issues affecting such Qualifying Group
shall be resolved by Group Arbitration under this Clause. Before commencement of a Group
Original
Arbitration for such Qualifying Group, the AAA shall be consulted about the fees and charges
(or fee schedule) it will impose for such Group Arbitration, including Arbitrator fees. For 15
days after receiving final fee and charge information from the AAA, either we or the
Qualifying Group may elect for the Group Arbitration to be conducted without the assistance
of the AAA, in accordance with the provisions set forth under the caption “What happens if a
party wishes a Group Arbitration to be conducted without an administrator?”
Who bears We will agree to pay all filing, administrative, hearing and Arbitrator fees in Group
arbitration Arbitrations if you act in good faith. We will always pay these amounts if required under
Usually, we do.
costs in Group applicable law or the administrator's rules or if payment is required to enforce this Clause.
Arbitrations?
What happens After a Group Arbitration, any Dispute that cannot be resolved in the Group Arbitration will be
if you are a The Dispute subject to this Clause. Before initiating a lawsuit or arbitration with respect to such Dispute,
Claimant in a can be the Claimant must give the Respondent a new notice and opportunity to resolve the Dispute,
Qualifying resolved in a as described under the caption “Must the parties try to resolve Disputes first?”
Group but lawsuit or an
have a Dispute arbitration
that cannot be under this
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resolved in a Clause.
Group
Arbitration?
If either we or a Qualifying Group give timely notice of a desire for the Group Arbitration to be
conducted without AAA, we and the Qualifying Group shall try to agree upon an Arbitrator to
conduct the Group Arbitration. If we and the Qualifying Group do not reach agreement upon
an Arbitrator within 30 days after the date of the notice referenced above, we or a Group
Majority may petition a court with jurisdiction for appointment of an Arbitrator. The court
shall give due regard to the qualifications of the Arbitrator and the fees charged by the
Arbitrator. Arbitrator fees exceeding the Arbitrator fees paid by the AAA in its consumer
arbitrations are disfavored. A court-appointed Arbitrator must be a lawyer with at least ten
years of experience or a retired federal or state judge unless we and the Qualifying Group
otherwise agree.
Once an Arbitrator has been selected and retained, such Arbitrator will commence and
conduct the Group Arbitration in accordance with this Clause and, to the extent not
inconsistent with this Clause: (a) Rules R-2, R-7 through R-9, R-14 and R-18 through R-54 of
the AAA’s Consumer Arbitration Rules, Amended and Effective September 1, 2014 (even if
subsequently revised), available online at adr.org/consumer or available from us (the
Copy
“Governing Rules”); and (b) such additional procedures as the Arbitrator shall adopt.
However:
What happens 1. The AAA shall have no role in the arbitration and no filings with or notices to
if a party the AAA shall be required. Such filings will be made with the Arbitrator or not at
wishes a all, as the circumstances shall dictate.
Group Special rules
Arbitration to will apply. 2. Subject to subsection (1), any reference to the AAA in the Governing Rules shall
be conducted be deemed to refer instead to the Arbitrator or, if a function delegated to the
without an AAA under the Governing Rules cannot reasonably be performed by the
administrator? Arbitrator, whether by virtue of a conflict of interest or otherwise, by a court
with jurisdiction. Any objection to the Arbitrator under R-19 shall be decided by
a court with jurisdiction.
of
3. No administrative fees under R-4 shall be payable.
4. Despite R-29, an in-person or telephonic hearing shall be held upon agreement
of the parties or for good cause shown.
5. Despite R-33, the Arbitrator may allow the filing of a dispositive motion without
prejudging the likelihood of success.
6. Despite R-40 and R-42, the Arbitrator may extend the applicable time limits in
unusual and extreme circumstances.
The Costs of Arbitration and fee sections of the Governing Rules shall not apply, provided
that the Arbitrator Compensation terms shall be used as guidelines.
If you don't
want to
arbitrate, can
Original
Yes. You can
get our
services and
Consider these choices:
Other Options
1. Informal Dispute Resolution. Contact us, and attempt to settle any Disputes.
2. Small-claims Court. Seek to resolve Disputes in small-claims court, within state law limits.
3. Get a Lease Without the Clause. Write to us and ask for an Agreement without the Clause.
4. Opt-Out of Arbitration. Sign and then timely opt-out following the directions above (see “Can
you still get a decide not to
you opt-out of this Clause?”). Opting out of this Clause will not affect any other provision of
transaction? arbitrate.
your Agreement.
Write us by mail at the above address (see “How should you contact us?”) received within 60
Can you opt-
Yes. Within calendar days of signing your agreement to opt-out of the Clause for that agreement. List your
out of the
60 days. name, address, account number and date. State that you "opt out of the Arbitration Clause" If
Clause?
you opt out, it will only apply to that agreement.
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Copy
of
Original
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