Last modified: July 2023
These terms and conditions are entered into by and between you, the end user (“you” or “your”) and FirsTech, Inc. (“FirsTech,” “we,” or “us”). FirsTech is a wholly-owned subsidiary of Busey Bank (“Busey”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of https://www.firstechpayments.com/.com, https://www.payments.1tech.net/CUSTOMER, and our associated mobile application (which we refer to collectively as the “Site”), along with any content, functionality, and services offered on or through the Site or any of our mobile applications (the “Services”), whether as a guest or a registered user.
The Site, Online Payment Account, and Services are offered and available to users who (i) are 18 years of age or older, (ii) reside in the United States or any of its territories or possessions, (iii) have a relationship with a financial institution or other entity that has an active agreement with FirsTech (the “FirsTech Customer”) and (iii) agree to be bound by the Terms contained herein. Those individuals who meet the aforementioned criteria are referred to herein as “end users” or “users.” By using the Site, Online Payment Account, or our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site, Online Payment Account, or use the Services.
ONLINE PAYMENT ACCOUNT TERMS
In addition to the General Site Terms posted below, the following terms apply to those users who create an account that can be accessed on the Site, the purpose of which may be to provide FirsTech with information, utilize the Services, and/or manage online payments (the “Online Payment Account”).
1. Online Payment Account. FirsTech provides payment services for FirsTech Customers, many of which are financial institutions. You, as the end user of the FirsTech Services, may view outstanding loan balances, initiate payments to a FirsTech Customer from a financial institution at or through which you have an account, set up recurring payments, and access other Services by enrolling and setting up an Online Payment Account.
2. Online Payment Account Set-Up. To enroll, you may be required to provide specific information required by FirsTech. You may be required, for example, to enter information about your financial institution, yourself, and/or your loan or relationship with the FirsTech Customer. You agree that the information you provide to FirsTech will be accurate and that you will keep it up-to-date at all times.
3. Compliance. To help the U.S. government fight the funding of terrorism and money laundering activities, federal and state law requires all financial institutions, including money services businesses and banks, to obtain, verify, and record information that identifies every customer. When you use the Online Payment Account or another Service, FirsTech may ask you for your name, address, date of birth, and other personally identifying information, such as your social security number (SSN) and/or Employer Identification Number (EIN), to identify you. FirsTech may also ask to see other identifying documents, including but not limited to, your driver’s license and business-related documents.
FirsTech reserves the right to refuse to allow you to use the Online Payment Account or participate in any Services if FirsTech is unable to obtain or verify your identifying information. You represent and warrant that all information you provide is complete, truthful, accurate, and up-to-date. You also agree to provide updated information if the information you have provided changes.
You further represent and warrant that: (a) you are not located in a country or location that is subject to U.S. Government sanctions or embargoes, including Iran, Syria, Cuba, North Korea, and the Crimea, Donetsk, and Luhansk region of Ukraine, or are a State Sponsor of Terrorism as defined by the US Department of State, or are a person, group or entity that has been designated by the U.S. Government as a Specially Designated National (SDN); (b) you are not listed on any U.S. Government list of prohibited or restricted parties; and (c) you will not use the Services to send or receive money, either directly or indirectly, to a U. S. Government sanctioned country, person, group or entity or to a country that is subject to comprehensive sanctions programs.
You acknowledge that we may make appropriate reports regarding your activities made through the Online Payment Account, including but not limited to financial institutions, regulators, tax agencies, and law enforcement authorities, and we will cooperate with the appropriate authorities in any resulting investigation or prosecution, all as required or permitted by law.
4. Account Access and Security. During enrollment, you will create a username and password (the “Login Credentials”) that will allow you to access your Online Payment Account. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. FirsTech is not responsible for any actions made using your account by someone else who uses your Login Credentials. You are solely responsible for maintaining the confidentiality of your Login Credentials.
You accept responsibility for all activities on your account authenticated through Login Credentials, including all payments initiated through FirsTech, whether authorized or not. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to your Login Credentials, with or without permission, you will nevertheless be responsible for all transactions that result from such access, even if they are unauthorized, fraudulent, or you did not want the transactions performed.
You acknowledge and agree that FirsTech’s security procedures are a commercially reasonable method of verifying your identity and payment instructions, providing security against unauthorized payment instructions and fraud, and protecting your Online Payment Account.
You further agree to immediately notify us if you believe that your Online Payment Account has been compromised or accessed without authorization, or your Login Credentials have been lost, stolen or compromised.
5. Payments Initiated Using Online Payment Account. You agree to be bound by all payment instructions or transactions initiated in compliance with FirsTech’s security procedures and these Terms, whether or not authorized. You agree that you will be liable for all losses or payments resulting from (1) the theft, loss, compromise, or unauthorized use of your Login Credentials and/or (2) any losses or unauthorized payments resulting from any fraudulent or illegal compromise of your systems or processes. You agree that you will be responsible and liable for payments or transfers containing inaccurate instructions or other errors unless limited by law.
Upon your timely report, FirsTech may, in its sole discretion, use good faith measures to attempt to reverse and recover any payments or transfers on your behalf, but FirsTech will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.
FirsTech reserves the right to limit, delay, investigate, or to refuse to make, process or issue any payment initiated or requested through the Online Payment Account, in our reasonable discretion, without FirsTech incurring any liability to you. FirsTech will use commercially reasonable efforts to provide notice promptly if we decide to limit, delay, investigate or to refuse to make, process or issue a payment. This notification is not required if the payment or notice is prohibited by law or these Terms.
FirsTech further reserves the right, in our sole discretion, to impose limits on the amount of money sent through the Online Payment Account, on a per transaction or a cumulative basis, and to change those limits at any time, without FirsTech incurring any liability to you. If we impose or change such limits, we will use commercially reasonable efforts to provide notice to you, but will not be required to do so. FirsTech reserves the right to suspend or terminate your Online Payment Account at any time, for any reason, without FirsTech incurring any liability to you. If we suspend or terminate your Online Payment Account, we will use commercially reasonable efforts to
provide notice to you but will not be required to do so and will not be liable for failure to do so.
FirsTech reserves the right to review or place on hold or any payment initiated through the Online Payment Account for any reason, including but not limited to credit and fraud risk or compliance with applicable laws (such as anti-money laundering regulations, combating terrorist financing laws, OFAC sanctions and sanctions laws applicable in a country where you are located), conflicting ownership claims and legal orders. In our sole discretion, FirsTech may place a hold on a payment for as long as reasonably necessary to conduct an appropriate inquiry regarding the payment, an Online Payment Account, or any related facts or circumstances. Depending on the results of this review, FirsTech reserves the right to take any appropriate action, including canceling the payment, reversing the payment, or continuing to hold the payment pending instructions from a government agency.
You may be able to dispute unauthorized transactions directly with the financial institution with which you have an account. We will cooperate with any information or other requests from your financial institution unless you object to us sharing information with your financial institution, but any dispute procedures and limitations of liability will be governed by your agreement with your financial institution, to which we are not a party.
7. Consent to Communication. You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number and e-mail address you provide to us when you sign-up for an Online Payment Account. Such communications may include but are not limited to, receipts, reminders, notifications regarding updates to your Online Payment Account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Site, your Online Payment Account, or the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from us by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Online Payment Account or other Services.
8. Fees and Payment Terms. Presently, FirsTech does not charge fees to those end users who create and utilize an Online Payment Account (individually and collectively, “Service Fees”).
FirsTech reserves the right, however, to charge Service Fees for Online Payment Accounts, in its sole discretion in the future. In the event that FirsTech decides to charge Service Fees for Online Payment Accounts in the future, it will provide you notice of the Service Fees. If the imposition of Service Fees is not acceptable, your sole and exclusive remedy will be to stop using and/or cancel your Online Payment Account.
If you do not enroll in an Online Payment Account and choose instead to use the Site to make a one-time payment to a FirsTech Customer, FirsTech does charge a payment processing fee. In order to process your payment to the FirsTech Customer, such payment processing fee will be conspicuously disclosed to you after you enter your account information with the FirsTech Customer and you must agree to the payment processing fee before any payment to the FirsTech Customer will be made.
Furthermore, although FirsTech does not presently charge Service Fees for Online Payment Accounts, the FirsTech Customer or other third parties may charge you fees, consistent with your underlying agreements with those parties. FirsTech is not party to those agreements and is not responsible for imposing, negotiating, disclosing, or assessing those fees. If you have any questions, we encourage you to contact the financial institution at which you have an account.
9. Account Deactivation. You may request to deactivate or cancel your Online Payment Account at any time by submitting a request through your Online Payment Account or through by contacting us at 1 (800) 800-1598.
1. Copyrights & Trademarks. The contents of this Site are the property of FirsTech unless otherwise indicated, and protected by copyright and trademark laws. All rights are reserved by FirsTech and the content of the Site may not be reproduced, downloaded, disseminated, published or transferred without the prior written permission of FirsTech. The trademarks, logos, and service marks displayed on the Site are the property of FirsTech and other parties.
2. Availability of Products and Services. The Services described on this Site are available only in the United States. Products and Services may not be available in all geographic areas. All Services are subject to change without notice.
3. No Unlawful or Prohibited Use. As a condition of your use of this Site, you warrant to FirsTech that you will not use this Site or any information contained on the Site for any purpose that is unlawful or prohibited by these Terms, and that you will not access this Site or use materials or Services available on this Site from territories where such access or use is illegal.
4. Links to Third-Party Sites. This Site may contain links to other websites operated by third parties. FirsTech provides links to other sites as a service to you. The linked sites are not under the control of FirsTech or its affiliates or subsidiaries, and FirsTech is not responsible for the content, products, or services available on the third-party sites, nor is FirsTech responsible for links contained within third-party sites. Such links do not imply FirsTech’s endorsement or approval of material on any other site. It is your responsibility to take precautions to ensure that materials selected from such linked sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. FirsTech is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked sites, or reference to or reliance on information contained therein. The linked sites may also ask for personal and/or confidential information, which is in no way related to any information that FirsTech may collect from you. Submitting such information to third-party sites is done at your risk and FirsTech recommends you be cautious in submitting such information. Third-party sites may also have different privacy and security policies than those of FirsTech, so it is important you also review their policies when visiting sites outside of the FirsTech Site.
5. Email. Email may not be secure, so please DO NOT use email to send FirsTech communication which contains confidential information such as account numbers, Social Security Numbers, PINs and passwords, or communications that require immediate attention. If you have questions about your existing FirsTech Online Payment Account or another issue, please call a representative of FirsTech.
6. Tools and Calculators. This Site may contain tools and calculators. FirsTech provides tools and calculators as a service to you, for educational purposes only. FirsTech does not guarantee the accuracy of the calculators or the results. FirsTech is not responsible for and expressly disclaims all liability for, damages arising out of the use of such tools and calculators.
7. Technology and Plugins. This Site uses several different technologies to display content and to provide viewers with the best possible web experience. Some of the tools contained on this Site require visitors to have a Java- enabled browser, Flash™, Adobe Reader®, and Microsoft® Media Player 12® installed on their computer. These technologies are necessary to take advantage of certain pages on this Site. FirsTech does not endorse any of these products and is not affiliated with the companies who produce them and will also not be held liable for the use of such technologies.
8. Recommended Settings for Viewing Our Site. We recommend when viewing this Site, you have a minimum screen resolution of 1024 x 768, the latest version of Flash™, and the latest version of either Google Chrome, Microsoft Edge, or Mozilla foundations’ Firefox® browsers. Having these settings will allow for a better user experience when visiting the Site and will ensure all content is displayed properly.
9. Cookies. Browsers accessing this Site are given a cookie. A cookie is a piece of information sent by a web server to a web browser. Cookies allow a site to identify whether or not a user previously visited the site as well as certain browser preferences. The web browser saves and sends the cookie back to the server each time the browser accesses the site. You must have the option for per session cookies enabled in order to use the account access features on the FirsTech Site. FirsTech does not store personal or confidential information in cookies.
We use both “session” cookies and “persistent” cookies on the Site. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiration date.
We use the session cookies to keep track of you while you navigate the Site, prevent fraud and increase Site security. We will use the persistent cookies to enable our Site to recognize you when you visit, keep track of your preferences in relation to your use of our Site and for retargeting.
As you browse our Site, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with our Site. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number.
10. Disclaimer of Warranties. Use of this Site and its contents is at the user’s sole risk. FirsTech assumes no responsibility for consequences from the use of the information herein or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyrights or other intellectual property rights, and the violation of property, privacy or personal rights of others. FirsTech is not responsible for and expressly disclaims all liability for damages of any kind arising out of the use, reference, or reliance on such information.
Information on this Site, the Online Payment Account, and the Services are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event will FirsTech or its subsidiaries, affiliates, contractors, or their respective employees be liable under any contract, tort, negligence, strict liability, or other claim for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) resulting from the use of or the inability to use the Site, Site content or any products or Services, or any failure of performance, error, omission, interruption, effect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this Site or any site by any third-party.
FIRSTECH DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SITE OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED; OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.
11. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FIRSTECH, ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE ONLINE PAYMENT ACCOUNT, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnification. You agree to defend, indemnify, and hold harmless FirsTech, its affiliates, Third-Party Service Providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including, but not limited to, any use of the Site and Services other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
13. Modification of Terms. We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site or the Services thereafter. Your continued use of the Site or the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We may terminate the Terms, as amended, at any time for any reason.
14. Modifications to or Termination of Services. We may suspend or terminate your access to your Online Payment Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue, or impose conditions on Services or any feature or aspect of a Service. We will take commercially reasonable steps to notify you of terminations or changes, but will not be required to do so. You may also terminate the Terms, as amended and applicable to your Account by deactivating your Online Payment Account at any time.
15. Effect of Termination. If these Terms or your Online Payment Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data.
16. Survival. You hereby agree that the Terms shall survive termination to the extent necessary for the enforcement of our rights and your obligations.
18. No Waiver. No waiver of or by FirsTech of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FirsTech to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Assignment. Unless expressly authorized by FirsTech, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
20. Governing Law. You agree that disputes arising out of or relating to the contents or use of this Site are to be governed by the laws of the State of Illinois, United States of America. You consent to the exclusive jurisdiction of courts sitting in the State of Illinois, County of Champaign, in all disputes arising out of or relating to the contents or use of this Site.
21. General. If any part of these Terms is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between you and FirsTech with respect to the use of this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FirsTech with respect to this Site. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Children Under 13. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information from children who are under 13 years of age. This Site and our Services are only available to individuals over 18 years of age. We do not knowingly collect or solicit personally identifiable information from children who are under 13 years of age. If you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services, and do not send us any personally identifiable information. If we learn that we have received personally identifiable information from a child under 13 years of age, we will delete that information and take all other actions necessary. If you believe that a child under 13 years of age may have provided us with personal information, please contact us at email@example.com.
23. Your Comments and Concerns. All other feedback, comments, requests for technical support, and other communications relating to the Site or Services should be directed to: firstname.lastname@example.org.
24. Dispute Resolution. Unless you opt out of this arbitration provision in accordance with the procedure set forth below, you and we agree that any dispute or claim between us, except for claims arising from bodily injury or death, must be arbitrated if either party elects arbitration of that dispute or claim. This agreement to arbitrate is intended to be broadly interpreted.
It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising or disclosures);
- claims for mental or emotional distress or injury not arising out of bodily injury;
- claims asserted in a court of general jurisdiction against you or us, including counterclaims, cross-claims, or third-party claim, that you or we elect to arbitrate;
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
References to “you,” and “us” in this arbitration provision include our respective parents, subsidiaries, affiliates, predecessors, successors, and assigns; our and those entities’ agents and employees; and all authorized or unauthorized users or beneficiaries of your Online Payment Account, as well as your heirs, trustees, or other representatives. However, either party may elect arbitration of an action in small claims court seeking only individualized
relief, so long as the action remains in that court and is not removed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. Nor does this arbitration agreement preclude either you or we from exercising self-help remedies (including setoff), and exercising such a remedy is not a waiver of the right to invoke arbitration of any dispute. You and we each waive the right to a trial by jury or to participate in a class action whenever either you or we elect arbitration. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms.
Pre-Arbitration Notice of Disputes and Informal Settlement Conference: Before either you or we commence arbitration, the claimant must first send to the other a written Notice of Dispute (“Notice”). The Notice to us must be sent to: General Counsel, FirsTech, 100 West University Avenue, Champaign, Illinois 61820 (“Notice Address”). The Notice to you will be sent to your address on file with your Online Payment Account. The Notice must (i) include your name and Online Payment Account number and the claimant’s telephone number and mailing and email addresses; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought.
The Notice must be personally signed by you (if you are the claimant) or by a FirsTech representative (if we are the claimant). To safeguard your Online Payment Account, you might be required to provide both your authentication and consent for us to discuss your Online Payment Account or share your account information with anyone but you, including an attorney (“Authentication and Consent”).
Whoever sends the Notice must give the other party 60 calendar days after receipt of a complete Notice (including your Authentication and Consent, if required) to investigate the claim. During that period, either you or we may request an individualized discussion (by telephone or videoconference) regarding settlement (“Informal Settlement Conference”). You and we must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and a FirsTech representative must personally participate, unless otherwise agreed in writing. You and our lawyers (if any) also can participate.
Any applicable statute or contractual limitations period will be tolled for the claims and requested relief in the Notice during the “Informal Resolution Period.” The Informal Resolution Period is the time between the date that the complete Notice (and Authentication and Consent, if required) is received by the other party and the later of (1) 60 calendar days later or (2) the date the Informal Settlement Conference is completed if timely requested.
An arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. All of the pre-arbitration dispute resolution requirements are essential so that you and we have a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration or the assessment or collection of any fees for such an arbitration. In addition, unless prohibited by law, the arbitration provider shall not accept or administer such an arbitration, nor assess or demand fees in connection with one.
During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. If you have complied with the requirements of this paragraph and the arbitrator awards you an amount of money that exceeds the value of our last written settlement to you before the appointment of the arbitrator, then we will pay you $500 in lieu of any smaller award.
In determining whether you are entitled to the minimum $500 recovery, the arbitrator shall not consider amounts offered or awarded for attorneys’ fees or costs. Any disputes as to recovery of the $500 minimum recovery shall be resolved by the arbitrator and must be raised within 14 calendar days of the arbitrator’s ruling on the merits.
Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable or unwilling to administer the arbitration in accordance with this provision, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org or by writing to the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider rulings in arbitrations involving different customers, but an arbitrator’s rulings will not be binding in proceedings involving different customers. Unless you and we agree otherwise, any arbitration hearings will take place in the county of your address on file with your Online Payment Account. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or videoconference hearing, or by an in- person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided below in the section entitled, “Requirement of Individual Arbitration,”, the arbitrator can award the same damages and relief that a court can award under applicable law. As in court, you and we agree that any counsel representing someone in arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief is sought in neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under the Rule 11(b), the AAA Rules, or applicable federal or state law against all appropriate represented parties and counsel.
Arbitration Fees: If you complied with the Notice and Informal Settlement Conference requirements above, unless your claim is for greater than $10,000 in value, we will pay all AAA filing, administration, case-management, hearing and arbitrator fees (“AAA Fees”). (The filing fee currently is $225 but is subject to change by the arbitration provider.) If you are required to pay a filing fee to commence arbitration, we will ask the arbitrator to reallocate that fee to us in the final award. If you are unable to afford to advance that fee, we will arrange to pay it directly to the AAA upon receiving a signed written request at the Notice Address.) If, however, the arbitrator finds that either the substance of your claim or the relief you seek is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA Fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $10,000 (either to you or to us), or if we commence an arbitration against you, the payment of AAA Fees will be governed by the AAA rules.
Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person (except for the claims of co- or joint account owners pertaining to that account), and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then that claim or request for relief shall be severed and decided by a court after all other claims and requests for relief are arbitrated.
Future Changes to Arbitration Provision: Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject that change by sending us written notice within 30 calendar days after you first received notice of the change to the Notice Address provided above. To be valid, your rejection must include your name, Online Payment Account number, and a statement personally signed by you that you reject the change to the arbitration provision. By rejecting that future change, you are agreeing that
you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as amended by any prior changes that you did not timely reject.
Right to Reject Arbitration Provision: If you do not wish to arbitrate, you have 30 calendar days to reject this arbitration provision by sending a rejection notice to the Notice Address above (“Rejection Notice”). To be valid, a Rejection Notice must: (i) include your name, Online Payment Account number, and a statement personally signed by you that you are rejecting the arbitration provision in these Terms; and (ii) be received by us within 30 calendar days after the opening of your Online Payment Account or, if an arbitration provision has been added for the first time to these Terms for an existing Online Payment Account, within 30 calendar days after you first received notice of the change in terms. If your Rejection Notice complies with these requirements, this arbitration provision will not apply to you with respect to any claims that you or we commence in litigation or arbitration after we receive your Rejection Notice. Rejecting this arbitration provision will not affect your other rights or responsibilities under these Terms. Nor will it affect any other arbitration agreements between us.