Terms of Use Last Revised:  12/07/2021
 
THIS WEBSITE (republicfinance.com) AND ITS AFFILIATED PAGES (AND ANY RELATED MOBILE APPLICATION) (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE BY REPUBLIC FINANCE, LLC (“REPUBLIC,” WE,” “US,” OR “OUR”).  WHEN WE USE THE TERM “YOU” OR “YOUR” IN THIS TERMS OF USE, IT REFERS TO ANY PERSON OR ENTITY (OR ANY AUTOMATED SERVICE OR PROGRAM ACTING BY OR ON BEHALF OF A PERSON OR ENTITY) THAT ACCESSES, VIEWS, USES OR COLLECTS INFORMATION FROM THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOUND IN THIS TERMS OF USE DOCUMENT (THE “TERMS OF USE”). THE TERMS OF USE DOCUMENT GOVERNS YOUR USE OF THE SITE, SO YOU SHOULD READ IT CAREFULLY.  IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE AND/OR ACCESS OF THIS SITE.

BY ACCESSING OR OTHERWISE USING THIS SITE, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS OF USE, WHETHER OR NOT YOU HAVE READ THEM.
 
THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATION OF DISPUTES (WHICH INCLUDES A CLASS ACTION WAIVER) AND A JURY TRIAL WAIVER. SEE SECTIONS 15 & 16 BELOW.  The agreement to arbitrate provides that disputes between us will be resolved by an arbitrator instead of a judge or jury unless, as set forth in the agreement, the dispute is excluded. The agreement to arbitrate further provides that YOU WILL NOT BE ABLE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION.  The arbitrator’s decision will be subject to very limited review by a court.  You will be entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
 
  1. Scope
The Terms of Use govern your use of this Site.  You may use this Site to learn about products and services we offer, apply for a loan, make a payment, use the customer account portal, learn about employment opportunities, apply for employment, or otherwise learn about and obtain products and services we may offer on this Site. The Terms of Use are the legal equivalent of a signed, written legal contract between you and Republic Finance. If you apply for or obtain a product or service online, and/or subscribe to, or use specific portions or features of the Site, additional terms, disclosures and conditions may apply, which will be provided to you at an appropriate time, and are incorporated into the Terms of Use. In the event of a conflict between the Terms of Use and the additional terms, disclosures and conditions, the latter will control.  If you do not agree with the Terms of Use, you do not have permission to use the Site and must exit it immediately.
 
  1. Links 
Republic Finance may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third-Party Site”).  These links are provided solely as pointers to information on topics that may be useful to you.  However, the establishment of any link to a Third-Party Site is not a recommendation or endorsement by Republic Finance of any products, services, information, goods, ideas, or opinions that may be found on any Third-Party Site.  Republic Finance makes no warranties, either express or implied, concerning the content of any Third-Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose.  Republic Finance does not warrant that any Third-Party Site is free from any claims of copyright, trademark, or other infringement.  Republic Finance does not warrant that any Third-Party Site is free from any viruses or other contamination.  You understand that Third Party Sites may have a privacy policy that is different from that of Republic Finance and that Third-Party Sites may provide less security than this Site.  The choice to access a Third-Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third-Party Site is yours, in your sole discretion.  We reserve the right to terminate a link or pointer to a Third-Party Site at any time.
 
  1. Your Use of the Site
The Terms of Use govern the Content, which includes the products, services, information, materials, graphics, arrangement, coding, design, text, sound and other items contained on the Site.  Site Content may be provided by Republic Finance or its licensors, or by you if you upload User Content as defined elsewhere in these Terms of Use.  The Content may be changed by Republic Finance at any time, and without notice to you.  Any Content that appears on the Site with an “as of” date is considered to be published on the Site as of that date.  Republic Finance reserves the right to terminate any Content or the Site in its entirety at any time, without prior notice.

This Site, and the products and services described and offered on this Site, are intended for use by individuals who are at least 18 years old.  If you are under the age of 18, you should not be visiting this Site.  Republic Finance does not knowingly collect any information from individuals who are under the age of 13.  We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information.  To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.

You may view and use the Site and Content only for informational, non-commercial purposes, non-public, personal use.  Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited.  You may not use the Site, the Content, any Republic Finance product or service for any illegal purpose or in violation of any local, state, national, or international law.

Unauthorized use of the Site, including but not limited to unauthorized entry into Republic Finance systems, misuse of passwords, or misuse of any information posted to the Site, is strictly prohibited.

You are not authorized to post on or transmit to or from the 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 agree not to attempt to log on to the Site, to register or apply for any product or service, or otherwise use the Site or Content, from any country under sanctions by the Office of Foreign Asset Control (“OFAC”).  Any attempt to log on to the Site from such a country may result in your access being restricted or terminated.

Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited.  You agree that any use of scrapers, robots, or other data-gathering devices not provided by Republic Finance through the Site is expressly prohibited.  You agree not to interfere with the operation of the Site or any other party’s use or enjoyment of the Site by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Site, attempting to collect any data from a third party or another user of the Site without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, the Content or the products and services available through the Site.  To the extent that any such attempts constitute a violation of criminal or civil law, Republic Finance reserves the right to seek appropriate redress to the fullest extent available under applicable law. 

You may not imply or otherwise represent that you are in any way affiliated with or endorsed by Republic Finance without our express written permission.

In addition to other monitoring of the Site that is discussed in our Site’s Privacy Policy, your use of the Site may be monitored, tracked, and recorded for the purpose of ensuring your compliance with the requirements and limitations of this Section 3.  By using the Site, you expressly consent to such monitoring, tracking, and recording.

You may print a copy of the information contained on the Site only for your personal use subject to the following: (i) you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server without the prior written permission of Republic Finance; (ii) you may not modify the content or make derivative works therefrom; and (iii) on any and all copies you make of the information you must retain all copyright, trademark, service mark and other proprietary notices contained in the original information. The right given in this paragraph may be revoked at any time.

Any unauthorized use of the Site or the Content is strictly prohibited.  If Republic Finance reasonably believes that you are using the Site or the Content for any unauthorized purpose Republic Finance may immediately restrict or terminate your ability to access and/or use the Site and the Content.
 
  1. Republic Finance Products and Services
The products and services described on, offered or made available through the Site, including their terms, conditions, availability or pricing, are subject to change.  Separate terms, disclosures, conditions and agreements may also apply to such products and services.  We will provide you with notice of any changes only if required under the applicable agreement or law.  The availability of the products and services described on or made available through the Site may differ depending on geographic locations.  By offering information about the products and services on the Site no solicitation is made by Republic Finance to any person whose use of such information, products or services in geographic locations where such information, products or services is prohibited by law or is otherwise unavailable.  If you apply for a product or service through the Site you agree to provide accurate, true, current and complete information.
 
  1. Third Party Service Providers
We may use certain third-party service providers to gather data, use data, and authenticate data regarding you, your device, and your accounts. In some instances, you may be asked to accept third-party software tools, products or services in connection with your obtaining a product and/or service from us. You agree that we may place cookies and other identifiers on the computer and/or device you use, to access the Site, and/or any one of our products or services.

Hotjar
 
We use Hotjar in order to better understand our users’ needs and to optimize the service and experience.  Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback.  Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices.  This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our Site.  Hotjar stores this information on our behalf in a pseudonymized user profile.  Hotjar is contractually forbidden to sell any of the data collected on our behalf. For more information, please view Hotjar’s privacy page by clicking here.

RIBBIT
 
We use Cash Flow Solutions, Inc. d/b/a RIBBIT.AI (herein referred to as “RIBBIT”) for certain products and/or services to access, transmit, process, analyze and store data about you from your bank or financial institution (“bank”). RIBBIT enables us to connect with your bank accounts. We may ask you to authorize us and RIBBIT to act on your behalf to access and transmit to us and to RIBBIT your personal and financial information from your bank.

If you consent, Republic Finance and RIBBIT then have the right and authority to act on your behalf to access, transmit, process, analyze and store your personal and financial information from the relevant financial institution in accordance with Republic Finance’s Privacy Policy and RIBBIT’s Terms of Use and Privacy Policy and any consent you provide. We and RIBBIT may access and use your bank data for analytical purposes and to improve our products and services.   

We may also use other third-party providers to prevent fraud and/or to provide products and services to you. 
 
  1. Our Proprietary Rights
The works of authorship contained in the Site, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly statedby Republic Finance.  Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Republic Finance’s prior written consent.

Republic Finance respects the intellectual property of other parties.  We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below.  If you believe that the Content of this Site is used or presented in manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by United States mail or electronic mail to: Republic Finance, LLC Attn: Legal and Compliance, 7031 Commerce Circle, Baton Rouge LA 70809.
 
Under applicable law your notice of an alleged copyright infringement must include:
 
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Republic Finance to locate the material;
  4. Information reasonably sufficient to permit Republic Finance to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The Site's Content, including but not limited to all music, images, videos, icons, text, software, logos, expressions and ideas, may be copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the Content is protected by patent and trademark laws, the laws of privacy and publicity, and various communication regulations and statutes.

The trademarks, service marks, tradenames and logos ("Marks") used and displayed on the Site are registered and unregistered Marks owned by Republic Finance. Certain trademarks, service marks and names ("TP Marks") used on the Site are the property of third parties. Other than as specified in the preceding Section, and notwithstanding any other information on the Site, you are not allowed to use any Mark or TP Mark, by implication, estoppel, or otherwise, and you are not granted any license or right to use any Mark or TP Mark without our prior written permission. No Mark may be used in any way, including in hyperlinks, advertising or publicity pertaining to distribution of materials on the Site, without our prior written permission.
 
  1. Privacy
Although not part of these Terms of Use, we encourage you to review our Online Privacy Policy, and if you have a consumer financial product or service with us, our U.S. Consumer Privacy Notice, to better understand how you can manage your information.
 
  1. Security 
We value or relationship with customers and visitors and endeavor to incorporate commercially reasonable physical, electronic, and procedural safeguards to help protect and secure information collected through our Site. However, the internet is an open medium and no data transmission over the Internet, mobile networks, digital networks, wireless transmission, satellite transmission, or other similar types of networks and transmissions, or electronic storage of such information can be guaranteed to be 100% secure.  Thus, we do not guarantee that information sent is completely confidential. There are many aspects of Internet usage, your computer and/or device, your connection and/or access to the Internet, we cannot control. Transmission of information to us is at your own risk.
 
  1. Potential for Site Disruption
Your access to the Site may, from time to time, be unavailable, delayed, limited or slowed due to, among other things:
 
  1. Hardware failures, including (among other things), failures of computers (including your own), servers, networks, telecommunication lines, transmission lines and connections and other electronic and mechanical equipment;
  2. Software failures, including, among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls of screening programs, unreadable codes, or irregularities within Content;
  3. Overload of system capacity;
  4. The occurrence of one or more “force majeure” events, such as severe weather, earthquakes, wars, insurrection, riots, civil disobedience, strikes and/or work stoppages, accident, fire, water damage, explosions, mechanical breakdowns, natural disaster, or other acts of God;
  5. Power supply interruption or utility service interruption;
  6. Legal or governmental restrictions including, but not limited to, court rulings or orders, restrictions imposed by regulatory bodies, or other forms of human intervention; and/or
  7. Any other cause that is beyond the control of Republic.
 
  1. Our Disclaimers & Liability Is Limited
Although we try to provide accurate and timely information on the Site, there may be technical, factual, typographical or inadvertent inaccuracies and errors. Because of the possibility of human and mechanical error, as well as other factors, Republic Finance is not responsible for any errors or omissions in the Content or on the Site.  We make no representation or warranty that the Content, products, services, or operation of the Site will be uninterrupted or error free.

YOU ACKNOWLEGE THAT NEITHER REPUBLIC FINANCE, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT, PRODUCTS OR SERVICES ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.  EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS.  IN NO EVENT WILL REPUBLIC FINANCE BE LIABLE TO YOU FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE CONTENT OR SITE, ANY INCOMPATABILITY BETWEEN THE CONTENT OR SITE AND YOUR FILES AND BROWER, OR ANY OTHER PROBLEMES EXPERIENCED BY YOU DUE TO CAUSES BEYOND THE CONTROL OF REPUBLIC FINANCE.

UNDER NO CIRCUMSTANCES SHALL REPUBLIC FINANCE, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR LIABILITIES THAT MAY ARISE OUT OF OR IN ANY WAY CONNECTED WITH:  (A) THE USE OF THE SITE, (B) YOUR USE OR RELIANCE ON THE CONTENT; (C) ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER COMPUTER INSTRUCTIONS OR TECHNOLOGICAL MEANS INTENDED TO DISRUPT, DAMAGE, OR INTERFERE WITH THE USE OF COMPUTERS OR RELATED SYSTEMS, OR LINE OR SYSTEM FAILURE; OR (D) THE DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY ELECTRONIC MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING ELECTRONIC MAIL FROM YOU; EVEN IF REPUBLIC FINANCE OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
 
  1. Indemnification
You agree to defend, indemnify and hold harmless Republic Finance, its affiliates, successors and assigns, and their respective directors, officers, and employees, from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees, court costs and other costs, arising out of:  (a) your violation of the Terms of Use; (b) your misuse of the Content, this Site, or any product or service offered or provided by Republic Finance; or (c) your violation of any applicable law (“Claim(s)”). You further agree that you will cooperate fully in the defense of any such Claims. Republic Finance reserves the right, at its own expense, to assume the exclusive defense and control of any Claims, and you shall not settle any Claim without the written consent of Republic Finance. You further agree to defend, indemnify, and hold harmless Republic Finance from any claim arising from a third party's use of information, content or materials of any kind that you post or upload to the Site.
 
  1. Information, Products and Services Offered are Subject to Our Acceptance
Our Site is operated from the United States and intended only for residents of the United States. The Site and Content therein, including any product or service offering, is not intended for distribution to, or use by, any persons or entities outside the United States or in any jurisdictions where such distribution or use is not authorized or licensed, or where such Content, including any product or service offering, is prohibited or unlawful. You use the Site on your own initiative and are responsible for compliance with applicable United States federal, state and local laws. The Site may provide general information about Republic Finance and the products and services offered by Republic Finance. The Content and Site do not constitute an offer to sell or a solicitation of any particular product or service outside of the United States or in any jurisdiction where the Content and Site, including any product or service offering, is not permitted. Your eligibility for any particular product or service is subject to our final determination, restrictions and acceptance. Any dated information is published as of its publication date only. To the extent permitted by applicable law, Republic Finance does not undertake any obligation or responsibility to update or amend any such information. Republic Finance reserves the right to terminate any or all offerings without prior notice.
 
  1. No Client, Fiduciary or Professional Relationship is Established by Providing Information On The Site
YOU AGREE THAT NO CLIENT, ADVISORY, FIDUCIARY OR PROFESSIONAL RELATIONSHIP IS CREATED, IMPLIED OR ESTABLISHED BETWEEN YOU AND REPUBLIC FINANCE AND THAT YOU AGREE AND UNDERSTAND THAT NO PERSON OR ENTITY IS, IN CONNECTION WITH THE SITE, ENGAGED IN RENDERING AUDITING, ACCOUNTING, INVESTMENT, SECURITIES, TAX, LEGAL ADVICE OR CONSULTING OPINIONS AND THAT YOU WILL CONSULT APPROPRIATE LICENSED PROFESSIONALS FOR OPINIONS AND ADVICE RELATING TO THE SPECIFIC FACTS, LAWS AND ROLES WHICH MAY APPLY IN YOUR SPECIFIC CASE.
 
  1. Governing Law
The Terms of Use shall be governed by, and construed in accordance with, federal law and the laws of the State of Louisiana, without regard to conflict of law principles.
 
  1. AGREEMENT TO ARBITRATION OF DISPUTES 
  1. You and we agree that any claim, dispute or controversy between you and us, whether in contract, tort, or under common law, any state or federal constitution, any statute, regulation or local law, or otherwise ("Claims" or "Claim"), arising out of, in connection with, or relating to any of the following in any way, directly or indirectly, shall, at the election of either party, be resolved by binding arbitration and not by a court action: your use of the Site, your relationship with us, any past or future transactions between you and us, any applications (including a pre-qualification application), advertisements, oral or written statements, electronic communications, collection efforts, terms, collateral, goods or services financed and/or insurance related to you or any past or future transactions between you and us, any disclosure of your information by us to any party, our supervision and/or training of employees or agents, and/or the existence, applicability, enforceability or scope (including whether a dispute is arbitrable) of this Agreement to Arbitration of Disputes (the "Arbitration Agreement"). Claim also includes any cross-claim or counterclaim. For the avoidance of doubt, Claim has the broadest meaning possible under this Arbitration Agreement. Under this Arbitration Agreement, if a party elects arbitration, the parties give up the right to a trial in court. The arbitrator's decision cannot be appealed and is subject to only limited judicial review. This Arbitration Agreement shall include any “Claim” involving our employees, agents, successors or assigns, any present or future affiliates and, notwithstanding anything else in this Arbitration Agreement, any such “Claim” against any of those parties may be joined or consolidated with any related “Claim” against us in a single-claimant non-class arbitration proceeding or single-plaintiff non-class lawsuit in Small Claims Court (as defined in Section iii of this Arbitration Agreement.).
  2. In this Arbitration Agreement (a) "we,” “us,” or “our” means (1) Republic Finance, LLC; and (2)  all of our  members,  managers,  directors,  officers, employees, principals, agents,  successors,  assigns, vendors, and present and future affiliated  companies of those persons listed in (1) herein; and  (3) any other persons who may be liable with those listed in subsections (1) or (2) herein; and (b) "you," and "your"  mean  (1) any person or entity (or any automated service or program acting by or on behalf of a person or entity) that accesses, views, uses or collects information from this Site, and that person or entity’s respective  heirs,  executors,  successors, assigns, administrators, trustees, trustees in bankruptcy; and/or (2) any other person claiming rights arising out of or relating to your use of this Site, including the prequalification application.
  3. Both parties retain the right to file and litigate a single-plaintiff non-class lawsuit in Small Claims Court or an equivalent in the state in which you reside (“Small Claims Court Action”), provided (a) such Small Claims Court Action is within the scope of such Small Claims Court’s jurisdiction; (b) such Small Claims Court Action does not seek to certify a class, combine the Claims of multiple persons (except as set forth in Section i. of this Arbitration Agreement); and (c) such Small Claims Court Action does not seek to recover damages in excess of the limit permissible for a Small Claims Court Action under applicable state law. Furthermore, this exclusion from the other party’s right to elect arbitration shall not apply to any such Small Claims Court Action that is transferred, removed, or successfully appealed from Small Claims Court to any different court.  Additionally, both parties retain the right to exercise self-help remedies (i.e., those that do not involve a court) including but not limited to set-off, recoupment, or repossession.  However, you retain the right to file a single-plaintiff non-class lawsuit to prevent us from using any such self-help remedy or to assert a Claim directly related to the use of any such self-help remedy, so long as such single-plaintiff non-class lawsuit does not involve a request for monetary relief of any kind.  Filing and litigating a Claim in a Small Claims Court Action, as described in this Section, or exercising self-help, as also described in this Section, will not waive any party’s right to elect to arbitrate any other Claim as permitted under this Arbitration Agreement. 
  4. Except for the exclusions set forth in Section iii. of this Arbitration Agreement, a party can elect to arbitrate any Claim, even if a party has already initiated litigation in court related to the Claim, by: (a) making a written demand upon the other party to arbitrate the Claim or (b) filing in court a motion to compel arbitration of the Claim.  Under (a), the demanding party shall initiate arbitration as set forth in Section v. of this Arbitration Agreement within thirty (30) days of such written demand.  Under (b), the movant shall initiate arbitration as set forth in Section v. of this Arbitration Agreement within thirty (30) days of an order compelling arbitration. As alternatives to (a) and (b), a party can elect to arbitrate any Claim by immediately initiating the arbitration as set forth in Section v. of this Arbitration Agreement. For costs associated with initiating arbitration please see Section viii. of this Arbitration Agreement. If the electing party fails to timely initiate arbitration in accordance with this Agreement, the non-electing party may proceed with a single-plaintiff non-class lawsuit.      
  5. The American Arbitration Association ("AAA") will administer any arbitration elected under this Arbitration Agreement. You may initiate arbitration of a Claim with AAA by contacting the organization  at  www.adr.org  or  at  1-800-778-7879. If AAA is unwilling or unable to serve, and you and we  are unable to  agree on an alternative arbitrator, a court with jurisdiction  will  select arbitrator. In lieu of proceeding with AAA, the parties may agree to select a substitute arbitration organization or local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an applicable organization.
  6. The AAA Consumer Arbitration Rules will apply to arbitrations (collectively the "Rules"). Contact AAA or us for copies of the Rules or visit https://www.adr.org/sites/default/files/Consumer%20Rules.pdf for the Consumer Arbitration Rules. One neutral arbitrator will decide all Claims and shall honor claims of privilege recognized at law. The arbitrator shall apply applicable substantive law, including applicable statutes of limitations, and may award any remedy or relief that a state or federal court in a state of proper jurisdiction could order in a single-plaintiff non-class lawsuit. In-person arbitration conferences and hearings, if any, will occur at a location reasonably convenient to you as determined by the arbitrator unless applicable law require another location. In connection with any arbitration, discovery will be available for non-privileged information to the fullest extent permitted under the Rules. At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the arbitrator’s decision.
  7. CLASS ACTION WAIVER. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (A) PARTICIPATE IN A CLASS ACTION IN COURT, MEDIATION OR ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, (B) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT, MEDIATION OR ARBITRATION, OR (C) EXCEPT AS OTHERWISE SET FORTH IN SECTION i. OF THIS ARBITRATION AGREEMENT, JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR ENTITY.  THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONDUCT ANY CLASS, PRIVATE ATTORNEY GENERAL OR MULTIPLE-PARTY PROCEEDING (EXCEPT AS OTHERWISE SET FORTH IN SECTION i. OF THIS ARBITRATION AGREEMENT) OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY EXCEPT YOU AND US INDIVIDUALLY. NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENFORCEABILITY OF THE CLASS ACTION WAIVER SHALL BE DETERMINED BY A COURT.
  8. Regardless of who elects arbitration, we shall pay for any filing, administration, and arbitrator fees in accordance with the Rules; provided, however, that if you initiate arbitration, you will pay the filing fee to the extent required by the Rules but, in no event will you pay more than the cost of filing a lawsuit in state court. In the case of extreme hardship, we will consider a good faith request by you to pay your filing fee. In arbitration, each party will have the right to be represented by an attorney of his or her choosing. Throughout the arbitration, each party shall bear his or her own attorneys' fees and costs, such as witness and expert witness fees; however, if you or we prevail on a Claim in arbitration that, by law, requires an award of attorney fees and costs, the arbitrator will award those fees and costs in accordance with such law.  
  9. You and we agree that our relationship and/or any transaction between you and us (including any prequalification application and your use of the Site) involve interstate commerce. Therefore, the parties agree that enforceability and interpretation of this Arbitration Agreement shall be governed by the Federal Arbitration Act (FAA) to the fullest extent possible, notwithstanding anything else herein or any state law to the contrary. To the extent that it is found that the FAA does not apply to this Arbitration Agreement, in whole or in part, and any appeal of that finding has been exhausted, then this Arbitration Agreement shall be governed, to the extent the FAA is found not to apply, by the state in which you reside ("State Arbitration Code"), if any. This Arbitration Agreement governs if it conflicts with anything found on our site. This Arbitration Agreement is binding upon and benefits you, us, and our respective heirs, successors, assigns and third parties. The Arbitration Agreement shall continue in full force and effect, even if any party’s obligations have been paid, charged off, or discharged through bankruptcy. This Arbitration Agreement shall survive any termination, amendment, expiration or performance any transaction between any of the parties and shall continue in full force and effect unless otherwise agreed in writing by the parties. An arbitration award may be enforced in any court with jurisdiction. In the event more than one agreement to arbitrate between you and us applies to a Claim and there is a conflict among such agreements, the most recently effective agreement shall apply to the Claim.
  10. Any unenforceable portion of this Arbitration Agreement will be severed, and the remainder shall be enforceable. However, if the class action waiver is invalid, then this Arbitration Agreement is invalid in its entirety.
THIS IS A BINDING ARBITRATION AGREEMENT THAT MAY BE ENFORCED BY THE PARTIES.
 
  1. JURY TRIAL WAIVER
WHETHER ANY CLAIM BETWEEN YOU AND US IS ARBITRATED OR RESOLVED BY A COURT, YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO SUCH CLAIM TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ARE GIVING UP THE RIGHT TO A TRIAL BY JURY. THIS SECTION 16 ON JURY TRIAL WAIVER IS NOT INTENDED TO LIMIT THE APPLICABILITY OR AFFECT THE ENFORCEABILITY OF THE ARBITRATION AGREEMENT (SECTION 15). 
 
  1. No Waiver
No failure, omission or delay on the part of Republic Finance in exercising any right under the Terms of Use will preclude any other further exercise of that right or other right under the Terms of Use.
 
  1. Your Communications to the Site
User Content and Public Information

The Site may permit you submit ideas, photographs, video, pictures, data, information about your location, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that we do not control who will have access to the information that you choose to make public and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Site or what others do with information you share with them on the Site. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Site.

Name and Likeness

We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. 
 
  1. Changes and Amendments by Posting on the Site
Republic Finance reserves the right to change the Terms of Use, Content, Site, its functionality or any product or service offering at any time without notice and in our sole discretion. The most recent date on which the Terms of Use was revised appears above.  If you access and/or use the Site following a revision of the Terms of Use, your access and/or use of the Site constitutes your acceptance of the Terms of Use as revised. You agree that you will comply with the Terms of Use as they may be revised from time to time. If any revision of the Terms of Use is unacceptable to you, your only recourse is to terminate use of the Site immediately. The latest posting of the Terms of Use shall control when there is a conflict with a prior version. Notwithstanding anything else in this paragraph, we do not have the right to, and will not, change the Arbitration Agreement in effect at the time you submit a pre-qualification application; the Arbitration Agreement in effect at the time of any such application shall apply to any Claims (as defined in the Arbitration Agreement) between the parties related to that application or that arise in any way out of that application.
 
  1. Entire Agreement
The Terms of Use comprise the entire agreement between you and Republic Finance regarding your use of the Site, and supersede all prior agreements and negotiations, whether oral or written. With the exception of agreements between you and Republic Finance regarding specific products and services, and as described above in Sections 1 and 4, there are no other agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of the Terms of Use.
 
  1. Submissions
All ideas, expressions and inventions (excluding any nonpublic personal information) submitted to Republic Finance through the Site shall be deemed and remain the property of Republic Finance and Republic Finance shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information you provide to Republic Finance through the Site. Republic Finance shall not be subject to any obligations of confidentiality regarding ideas, expressions and inventions (excluding any nonpublic personal information) except as agreed in a writing executed by Republic Finance.​
 
  1. Monitoring
Republic Finance has no obligation, but maintains the right to monitor the Site.  Republic Finance may disclose any information we obtain to comply with the law, or to respond to a governmental request.  In addition, Republic Finance may do so as necessary or appropriate to operate or improve the Site, to protect Republic and/or its Site users, or for any other purpose that the law permits.​
 
  1. Termination
The Terms of Use are effective until terminated by Republic Finance. Republic Finance may terminate the Terms of Use at any time without notice.  Republic Finance may also suspend or terminate your access and/or use of the Site at any time without notice, in our absolute discretion, with or without cause. The following Sections of the Terms of Use shall survive termination of your use or access to the Site: 10 (Our Liability is Limited), 11 (Indemnification), 14 (Governing Law), 15 (Agreement to Arbitration of Disputes), 17 (No Waiver), 19 (Entire Agreement), 22 (Termination), 23 (Severability), 24 (General Provisions), 25 (Contact and Notification Information), and any other provision that by its nature or terms survives termination of your use or access to the Site.
 
  1. Severability
If any term or provision of the Terms of Use is held to be invalid or unenforceable, the remaining terms and provisions shall remain unimpaired, in full force and effect, and enforced to the full extent possible. The unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.
 
  1. General Provisions
The Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section.
 
  1. Contact and Notification Information
You may contact us using the following information: (833) 907-1734 or Republic Finance, 7031 Commerce Cir., Baton Rouge, LA 70809.