Terms of Use

Last Revised: February 17th, 2022
 
This website and/or mobile application (collectively, “Site”) is owned and operated by Republic Finance, LLC (“Republic Finance,” “we,” “our,” or “us”). Republic Finance is a consumer loan company, and the Site provides information about Republic Finance products and services (“Services”).
 
THESE TERMS OF USE (“TERMS”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH REPUBLIC FINANCE AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

THESE TERMS 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 arbitration provides that, if arbitration is elected, disputes between us will be resolved by an arbitrator instead of a judge or jury unless, as set forth in the agreement to arbitration, the dispute is excluded. The agreement to arbitration 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. You have the right to reject this agreement to arbitration for 30 days after you accept these Terms (see below).
 
We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our agreement to arbitration, which is discussed more fully below. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.
 
In addition to these Terms, your use of certain products and Services may be governed by additional agreements.
 
Although not part of these Terms, 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. Accessing the Site
We reserve the right to withdraw or amend this Site, and any Services or Materials (defined below) we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users, including account holders.

You are responsible for both:
 
  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
 
  1. Proprietary Rights and Your Use of the Site
Unless otherwise specified in these Terms, all information and screens appearing on this Site are the sole property of Republic Finance or our subsidiaries and affiliates, and other parties. We provide content through the Site that is copyrighted or contains protectable trademarks of Republic Finance or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.

Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Site’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
 
  1. Your Communications to the Site
By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non‑exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this Section, including all the rights necessary for you to submit the content and communications and grant the license above.
 
  1. Electronic Communications
By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials. These electronic communications are part of your relationship with us. If you sign the Consent for Electronic Signatures and Records, you agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
 
  1. Permitted Uses
By accessing or using the Site, you agree that:
 
  • Your use of the Site is subject to and governed by these Terms;
  • You will only access or use the Site and transact business with us if you are at least eighteen (18) years old;
  • You will use the Site solely for its Services offered in the normal course of business;
  • You will always act in accordance with the law and custom, and in good faith;
  • You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site;
  • Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; and
  • These Terms are a legally binding agreement between you and us that will be enforceable against you.

You further agree to not use the Site in any way that:
 
  • Changes or alters the Site or content or Services that may appear on the Site;
  • Impairs in any way the integrity or operation of the Site;
  • Interferes with or induces a breach of the contractual relationships between us and our employees;
  • Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
  • Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
  • Transmits any harmful or disabling computer codes or viruses;
  • Harvests email addresses from the Site;
  • Transmits unsolicited email to the Site or to anyone whose email address includes the domain name of the Site;
  • Interferes with our network services;
  • Attempts to gain unauthorized access to our network services;
  • Suggests an express or implied affiliation or relationship with us without our express written permission;
  • Impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;
  • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  • Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  • Dilutes or depreciates our or any of our affiliates’ name and reputation;
  • Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
  • Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

This list of prohibited activities provides examples and is not complete or exclusive.

Republic Finance has no obligation, but maintains the right, to monitor the Site. We reserve the right to terminate access to your account and your ability to use this Site (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Site, to protect Republic Finance and/or our Site users, or for any other purpose that the law permits.​
 
  1. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. 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.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
 
  1. Third-Party Links
This Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Republic Finance, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.
 
  1. Republic Finance Products and Services
The Site and Materials 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 Site or Materials, 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.

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. All such additional terms and conditions are hereby incorporated by this reference into these Terms. In the event of a conflict between these Terms and the terms, disclosures, and conditions of another product or service agreement, the latter will control. 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 Online 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. Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
 
  1. App Stores
You acknowledge and agree that the availability of the mobile application may be dependent on the third party from which you received the mobile application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are between you and Republic Finance and not with the App Store and that Republic Finance is responsible for the provision of Services as described in these Terms. However, if you downloaded the mobile application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.
 
  1. Linking to the Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You must not:
 
  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.
 
  1. Federal and State Laws
The Site is operated from the U.S. and is intended for U.S. residents only. The Site is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. You agree not to attempt to logon to the Site, to register for any product or service, or otherwise use the Site or Materials, from any country under sanctions by the Office of Foreign Asset Control (OFAC). When using the Site, on the Site, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
 
  1. Minimum Age
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
 
  1. Injunctive Relief
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to other rights and remedies that may be sought under Section 15, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or Federal courts located in the State of Texas. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
 
  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 loan (as defined in this Arbitration Agreement), 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; (2) any borrower(s), co-maker(s), co-signer(s), debtor(s) (anyone granting us a security interest in property) and guarantor(s) on a loan and, in each of (1) and (2), that person or entity’s respective heirs, executors, successors, assigns, administrators, trustees, trustees in bankruptcy; and/or (3) any other person claiming rights arising out of or relating to your use of this Site, including the prequalification application, and/or in connection with, arising out of, or relating to any loan or your relationship with us; and (c)“loan” means any Check, Loan Guarantee, Cash Voucher, including Federal Disclosure Statement, Note and Security Agreement, any loan or extension of credit to you or guaranteed by you (including extensions, renewals, or modifications), and any past or future transactions or loans between you and us, from or by us, and any and all documents signed by or provided to you in connection with any of the foregoing. 

  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. Additionally, we retain the right to seek injunctive relief as set forth in Section 14. However, you retain the right to file a single-plaintiff non-class lawsuit to prevent us from using a self-help remedy or to assert a Claim directly related to the use of a self-help remedy, so long as such single-plaintiff non-class lawsuit does not involve a request for monetary relief of any kind. You also retain the right to assert any defenses or file a Claim in any action or proceeding we initiate for injunctive relief as set forth in Section 14 so long as any defenses or Claim you assert are directly related to the injunctive relief we seek, are made on a single-plaintiff non-class basis, and do not involve a request for monetary relief of any kind. Filing and litigating a Claim in a Small Claims Court Action or exercising self-help, as each is described in this subsection, or filing and/or litigating an action or proceeding for injunctive relief, as also described in this subsection and in Section 14, 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. Notwithstanding the Governing Law and Venue provision in the Terms of Use, the arbitrator shall apply applicable substantive law of the state in which you reside and of the United States of America 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. Again, notwithstanding the Governing Law and Venue provision in the Terms of Use, 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 requires 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.

  11. Notwithstanding anything to the contrary in the Terms of Use, and except as otherwise set forth in this Section xi. of the Arbitration Agreement, the Arbitration Agreement may be amended by us only upon advance notice to you. If we make any amendment to the Arbitration Agreement (other than renumbering the Arbitration Agreement to align with any other amendment to the Terms of Use) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by the Arbitration Agreement that have arisen or may arise between you and us. However, we may amend the Arbitration Agreement and not provide you notice; in that case, the amendments will not apply to you and the Arbitration Agreement contained in the Terms of Use you accepted will continue to apply to you and us as if no amendments were made.

  12. You may reject this Arbitration Agreement within thirty (30) days of accepting the Terms of Use by emailing us at arbitration@republicfinance.com and including in the subject line “Rejection of Arbitration Agreement.” Notwithstanding anything else herein, any rejection of arbitration will apply only to this Arbitration Agreement (and not to any prior or subsequent arbitration agreement into which you have entered or will enter with us). If you do not reject this Arbitration Agreement, it is effective on the date you accepted the Terms of Use.

          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. Disclaimer of Warranties
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
 
  1. Limitation of Liability
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF REPUBLIC FINANCE AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50).

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
  1. Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include: (i) providing content to or communicating with us or our affiliates; (ii) unauthorized use of material obtained through the Site; (iii) engaging in a prohibited activity; (iv) or any other action that breaches these Terms.
 
  1. Copyright Complaints
Republic Finance respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Republic Finance’s copyright agent with the following information.
 
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

          Republic Finance, LLC
          Attn: Legal and Compliance
          7031 Commerce Circle,
          Baton Rouge, LA 70809
 
  1. Miscellaneous Provisions
Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

No Waiver. ​No failure, omission or delay on the part of Republic Finance in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. Except as set forth in the Arbitration Agreement and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the mandatory Arbitration Agreement) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Plano, Texas, except where the jurisdiction and venue are mandated by applicable assignment.

Assignment. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site as further described in our Online Privacy Policy.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
 
  1. Questions
If you have any questions or comments about these Terms or this Site, please contact us in writing or by phone at:

Republic Finance, LLC
Attn: Legal and Compliance
7031 Commerce Circle,
Baton Rouge, LA 70809
(833) 907-1734