Bank Product Application And Agreement (Application/agreement) - Louisville, Kentucky Page 4

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B. Provisional Credit: Any credit given to me by Republic with respect to an automated clearing house (ACH) credit entry is
provisional until Republic receives final settlement for such entry. If Republic does not receive such final settlement, I agree
that Republic is entitled to a refund of the amount credited to me in connection with such entry, and the party making the
payment to me via such entry (i.e., the originator of the entry) shall not be deemed to have paid me in the amount of such entry.
Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions
involving my account, Republic is not required to give a notice to me of receipt of an ACH item and will not do so. However,
Republic will notify me of the receipt of payments in the transaction history, if any. Any ACH transfer to or from the account wil l
comply with U.S. law.
15. WAIVER OF JURY TRIAL AND ARBITRATION
A. Facts about Arbitration: Arbitration is a process in which persons or companies with a dispute: (i) waive their rights to file a lawsuit and proceed
in court and to have a jury trial to resolve their disputes; and (ii) agree, instead, to submit their disputes to a neutral third person (Arbitrator) for a
decision. Each party to the dispute has an opportunity to present some evidence to the Arbitrator. Pre-arbitration discovery may be limited.
Arbitration proceedings are private and less formal than court trials. The Arbitrator will issue a final and binding decision resolving the dispute,
which may be enforced as a court judgment. A court rarely overturns an Arbitrator’s decision. THEREFORE, I ACKNOWLEDGE AND AGREE AS
FOLLOWS:
B. Scope of Arbitration: The words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation all claims, rights and
controversies arising from or relating directly or indirectly to (i) this Agreement (including this arbitration provision and the fees charged), and any prior
agreement or agreements between me and Republic, and any and all aspects of my present or past relationship with Republic that relates to or concerns my
tax refund, and, (ii) the signing of this arbitration provision, including the validity and scope of this arbitration provision. Without limitation, the claims, rights
and controversies within the scope of the terms “dispute” or “disputes” includes any possible claims or rights that I have against Republic or against any of
Republic’s employees, agents, officers, directors, managers, shareholders or affiliated entities and/or Transmitter (hereinafter collectively referred to as
“related third parties”), including those arising under (i) federal or state law, including alleged violations of any state or federal constitution, statute or regulation
and common law theories such as those based upon contract, tort, fraud, or other intentional torts; (ii) any law or procedural provision that otherwise might
enable me to assert rights as a private attorney general, or as a representative and/or member of a class of persons, or as a person acting in any other
representative capacity (hereinafter referred to as “Representative Claims”); and (iii) all claims arising from or relating directly or indirectly to the disclosure
by Republic or related third parties of any non-public personal information about me. The claims, rights and controversies within the scope of the terms
“dispute” or “disputes” also includes any possible claims or rights that Republic has against me, including all counterclaims it may have in the event of a dispute
that I raise.
C. Waiver of Jury Trial and Participation in Class Action: I acknowledge and agree that by entering into this arbitration provision: (i) I AM GIVING UP MY
RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST REPUBLIC OR RELATED THIRD PARTIES; (ii) I AM GIVING UP
MY RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST REPUBLIC OR RELATED
THIRD PARTIES; AND (iii) I AM GIVING UP MY RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST REPUBLIC
AND/OR RELATED THIRD PARTIES. Republic is giving up its rights to jury trial and rights to have a dispute it has with you resolved in a court, other than a
small claims tribunal.
D. No Class Arbitration: Except as provided in Paragraph H below, all disputes including any Representative Claims against Republic and/or related third
parties shall be resolved by binding arbitration only on an individual basis with me. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS
ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW ME TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR
IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. THE ARBITRATION SHALL ONLY RESOLVE MY RIGHTS, CLAIMS
OR CONTROVERSIES, NOT THOSE OF ANY OTHER PERSON.
E. Arbitration Organizations and Procedures: Arbitration shall be commenced and conducted as follows.
Any party to a dispute, including related third parties, seeking to have that dispute resolved shall send the other party written notice by certified mail return
receipt requested of their intent to arbitrate and in that letter shall set forth the subject of the dispute along with the relief requested. Regardless of who demands
arbitration, I shall have the right to select the entity that will administer the arbitration process from among: the American Arbitration Association (1-800-778-
7879) , JAMS (1-800-352-5267) , or any arbitration organization that Republic may designate in the event either
AAA or JAMS or both are unable to act or do not honor (or are not expected to honor) the terms of this Agreement. As an alternative, the parties may agree to
select a local Arbitrator who is an attorney, retired judge, or Arbitrator registered and in good standing with an arbitration association, to administer the
arbitration. If I fail to notify Republic of a selection for arbitration organization, within thirty (30) days of the demand for arbitration, then Republic has the right
to select the arbitration organization from the same list. The parties to such dispute will be governed by the rules and procedures of such arbitration organization
applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this arbitration provision, including the
limitations contained in this Agreement. I understand that I may obtain a copy of the rules and procedures by contacting the arbitration organization listed
above. If the arbitration will be conducted by a local Arbitrator, the AAA rules in effect at the time this Agreement is signed will govern (to the extent not
inconsistent with this Agreement) unless the parties otherwise agree. If there is any reason that an Arbitrator or arbitration organization cannot be selected
under this paragraph, we agree that one will be selected by a court, by consent of the parties, and the AAA rules in effect at the time this Agreement is signed
will govern the resulting arbitration (to the extent not inconsistent with this Agreement) unless the parties otherwise agree.
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