In arbitration, a third party (“Arbiter”) resolves disputes informally. You, related third parties (including but not limited to OppLoans), and we waive the right to go to court. Such “parties” waive jury trials.

Any required hearing is private and less formal than court. Arbiters may limit pre-hearing fact finding, called “discovery.” The decision is usually final. Courts rarely overturn Arbiters.

This Arbitration Agreement governs you and us; your heirs; our successors, assigns, affiliates and controlling parties; and “related parties” who have provided services in connection with any loan and/or account connected to you, including OppLoans.

This Arbitration Agreement governs all “Claims” of one party against another. In this Arbitration Agreement, the word “Claims” has the broadest reasonable meaning consistent with this Arbitration Agreement. It includes all claims even indirectly related to your application and your agreement with us. It includes claims related to information you previously gave us. It includes all past agreements. It includes extensions, renewals, refinancings, advances or payment plans. It includes claims related to collections, privacy and customer information. However, it DOES NOT include claims related to the validity, enforceability, coverage or scope of this Arbitration Agreement. Those claims shall be determined by a court.

THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS ACTIONS. You waive your right to be in a class action or a class arbitration, either as a representative or a member. Only individual arbitration, or small-claims courts, will resolve Claims. You waive your right to bring representative Claims. Unless reversed on appeal, if a court invalidates this waiver, the Arbitration Agreement will be void.

You also waive your right to seek a public injunction if such a waiver is permitted by the FAA. If a court decides that such a waiver is not permitted, and that decision is not reversed on appeal, your Claim for a public injunction will be decided in court and all other Claims will be decided in arbitration under this Arbitration Agreement. In such a case the parties will request that the court stay the Claim for a public injunction until the arbitration award regarding individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.

You must send any mail or notice regarding arbitration to OppLoans at 130 E Randolph St, Suite 3400, Chicago, IL 60601, Attn. Arbitration Notice. You can call us at (800) 990-9130 or use certified mail to confirm receipt.

The Arbitration Agreement stays effective unless the parties sign an agreement statingit doesn’t. The Arbitration Agreement governs if you rescind the transaction. It governs if you default, renew, prepay or pay. It governs if the Account is discharged through bankruptcy. The Arbitration Agreement remains effective, despite a transaction’s termination, amendment, expiration or performance.

Before starting a lawsuit or arbitration, the complaining party (“Claimant”) must give the other party (the “Responding Party”) written notice of the Claim. The notice must explain in reasonable detailthe nature of the Claim and any supporting facts. You or an attorney you have personally hired must sign the notice and must provide your full name and a phone numberwhere you (or your attorney) can be reached. A collections letter from us to you will serve as our written notice of a Claim. Once a Claim notice is sent, the Claimant must give the Responding Partya reasonable opportunity over the next 30 days to resolve the Claim on an individual basis.

The Claimant selects the company to manage the arbitration—either the American Arbitration Association (“AAA”) (1-800-778-7879), http://www.adr.org , or JAMS (1-800-352-5267), http://www.jamsadr.com. The parties may also agree in writing to a local attorney, retired judge or Arbiter in good standing with another arbitration group. The Arbiter must arbitrate under AAA or JAMS consumer rules. You may get a copy of these rules from such group. Any rules that conflict with this Arbitration Agreement don’t apply. If these options aren’t available, a court may choose the Arbiter. Such Arbiter must enforce your agreements with us, as they are written.

To start an arbitration, the Claimant must follow the rules of the arbitration company the Claimant selects.

To require arbitration, the Responding Party may mail the Claimant a demand to arbitrate or file a motion to compel arbitration. The Responding Party does not waive the right to require arbitration by bringing a different Claim against the Claimant in court. Once the Respondent demands arbitration, it is up to the Claimant to start an arbitration.

The Arbiter will order any hearing near your home.

The Arbiter’s decision is generally final. However, if the amount in controversy exceeds $ 10,000.00, a party may appeal the Arbiter’s finding. Such appeal will be to a three-Arbiter panel from the same arbitration group. The appeal will be de novo, and resolved by majority vote. The appealing party bears appeal costs, despite the outcome. Also, a party may appeal under the FAA. A party may file the Arbiter’s award with the proper court.

No arbitration award under this Agreement will affect any dispute involving any other party. No arbitration award under another party's agreement will affect any arbitration under this Agreement.

We will cover your reasonable attorneys’ fees and costs if you win.

If the Arbiter awards you funds, you don’t need to repay us the Arbitration Fees. Also, you don’t need to repay us if the Arbiter decides it would be unfair to make you repay us. Unless you act in bad faith, you never have to repay us more than the amount of state court costs.

If you follow the steps set forth in response to the question “What must a party do before starting a lawsuit or arbitration?” and an Arbiter awards you more than our final settlement offer or we don’t make a settlement offer, we will pay three amounts. We will pay (1) the award, excluding attorneys’ fees and costs, plus (2) the “bonus payment,” plus (3) the “attorney payment.” The bonus payment is 10% of the award. The attorney payment is 110% of your reasonable attorneys’ fees and costs.

A party may request details from the Arbiter, within 14 days of the ruling. Upon such request, the Arbiter will explain the ruling in writing.