CAC Terms of Use

• A personal computer or other device that is capable of accessing the Internet.
• A current internet web browser that is capable of supporting a minimum of 128‐bit SSL‐encrypted communications, with cookies and java script enabled, with the current major release of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari that continues to support 128 bit SSL encrypted communications, cookies, and java script, including, but not limited to, Microsoft Edge version 86 or more recent, Firefox version 81 or more recent, Chrome version 86 or more recent, or Safari 13 or more recent.
• Software that permits you to receive and access Portable Document Format or "PDF" files, such as the current version of Adobe Acrobat Reader.
• An email account with an Internet service provider and email software to permit you to participate in the Online Account services.

• Send an email message with your name and mailing address to websupport@marinerfinance.com
• Call our Customer Service at 877-310-2373
• Send a letter to:
  Attn: Web Support
  8110 Corporate Drive
  Nottingham, MD 21236

To prevent unauthorized access to your personal data, maintain data accuracy and integrity, and ensure the correct use of information, Company follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. For more information on how Company uses information you provide through the Sites, please review Company’s Privacy Statement.

Company may offer financial educational services for you through the Site including, but not limited to the MoneySKILL services offered in conjunction with the American Financial Services Association Education Foundation. By clicking on links for these financial educational services, you will be registered with MoneySKILL and your email address on file will be shared with MoneySKILL. The information you provide to register and use MoneySKILL is governed by the privacy policy of the American Financial Services Association Education Foundation (http://afsaef.org/Privacy-Policy) and the privacy policy of Mariner Finance, as linked above. If you have any questions about the collection and use of the information you provide, please review those policies and use the contact mechanisms provided for in the policies.

1. Enrolling in Your Online Account
   You can enroll in an Online Account using a personal computer or other device capable of accessing the internet with access to our websites at wps-qa.marinerfinance.io and/or capable of accessing and/or downloading Mariner’s Customer Account Center and/or downloading Mariner’s mobile app.
   
   You will select an initial Online Account password. Do not use numbers that are easily associated with you, such as your telephone number, address or birth date as your password. You are responsible for the safekeeping of your password. You agree not to disclose or otherwise make available your password to anyone. We recommend that you change your password regularly. You authorize us to act on instructions received through access to your Online Account using your login information.
   
   In addition, you must have the electronic equipment and the required secure Internet browser software as defined in the E-Signature Disclosure and Consent above. You must maintain at your expense all Internet connections, browsers, hardware and software necessary to access your Online Account. You are solely responsible for installing appropriate software, including but not limited to, anti‐virus software, anti‐spyware, and firewalls on your computer hardware to prevent key logging and/or other intrusions that may allow a third party to unlawfully view activity on your computer. You are responsible for any telephone/DSL/lnternet charges incurred for accessing your accounts through the Online Account.
2. Online Account Services
   You may use your Online Account to make payments to your loan account(s).
   
   You may authorize ACH or debit card payments on your loan through your Online Account 24 hours per day (subject to the posting restrictions outlined below). When you authorize a single ACH or debit card payment through the Online Account, you are authorizing us to electronically charge (or debit) your checking or savings account (deposit account) for the amount you indicate. You must complete a separate authorization for each ACH or debit card payment, unless autopay enrollment is available and elected by you. You are not required to make payments through your Online Account (automatic payments or otherwise).
   
   Online Account payment authorizations (other than future-dated payment authorizations) we receive before end of business will be posted to your loan the same business day. However, for any payment authorization made by you through the Online Account that we receive after 11:30 PM Eastern Time, we will deem the payment authorization as if we had received it the following day regardless of whether your Online Account shows your payment as posted.
   
   In the event of an erroneous debit, you authorize us to initiate a transfer to or from the deposit account to correct the error. In the event any debit is unsuccessful, you authorize us to attempt such debit up to two (2) additional times. You understand that unsuccessful debits may result in charges by the bank that holds the deposit account, and you agree that we are not liable for such charges.
   
   Posted payments may be reversed due to insufficient funds, stop payment orders, or other reasons.
3. Stopping Payments via the Customer Account Center
   Same-day ACH payment authorizations cannot be canceled via your Online Account, although you may contact your local branch during regular business hours for cancellation. Additionally, you may stop an ACH payment if you provide the stop payment order to your financial institution at such time and in such manner as to allow your financial institution a reasonable opportunity to act upon the stop payment order prior to acting on the debit entry. Any stop payment order must be made in accordance with the procedures required by your financial institution.
   
   Additionally, you may cancel a one-time future dated payment authorization in your Online Account (or by contacting your local branch), so long as such a request is made at such time and in such manner as to allow a reasonable opportunity to act upon the payment cancellation request, which must be received by at least 11:30 PM Eastern Time the day before the scheduled payment date.
   
   Please note that same-day debit card authorizations cannot be canceled (through your Online Account or otherwise).
4. New Services
   
   New financial services may be offered or introduced from time to time through your Online Account. By using these services, you agree to be bound by any rules concerning these services.
5. Protecting Your Online Account
   
   You agree to notify Company immediately if you believe another person has improperly obtained your Online Account password or if you suspect any fraudulent activity on your Online Account. You may provide notification by calling 877-310-2373, Monday through Friday during the hours of 9:00 AM to 5:00 PM Eastern Time.
   
   You may also email us at websupport@marinerfinance.com. Be sure to include your email address and other contact information.
   
   If you find that your records do not match any or all of the information in Company’s records, you agree to immediately notify Company at 877-310-2373.
6. Fees
   
   In some states, Company may charge a convenience fee each time that you authorize a one‐time debit payment via an electronic charge to your deposit account. Any such convenience fee for facilitating an electronic payment will be assessed separately from your loan payment. The fee amount will be disclosed at the time of payment authorization. Company does not charge a convenience fee for recurring payments made when enrolled in autopay, for ACH payments, or for mailed in payments.
   
   Please note that fees may also be assessed separately by your Internet Service Provider (ISP) or financial institution.
7. Your Promise and Indemnity
   
   You promise that the checking or savings account from which you authorize us to debit loan payments belongs to you and that you are authorized to instruct us to debit the account.
   
   To the extent permitted by law, you agree to indemnify, defend, release, and hold Company, its officers, directors, suppliers service providers, co‐branders or other partners, agents and employees, and those of its affiliates harmless from and reimburse us for all claims, demands, damages, losses, liabilities or fees and costs of any nature (including reasonable attorney's fees and other professionals’ fees and expenses) incurred resulting from or arising out of anything you submit, transmit through, or upload to the Sites, including, but not limited to, Mariner’s Mobile Customer Account Center, wps-qa.marinerfinance.io, your Online Account, your Communications, your use of the Sites, your connection to the Sites, your violation of these Terms of Use, debiting any payment from the account of any person or entity in accordance with your instructions, and/or your violation of anyone’s legal rights.
8. Our Liability
   
   Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage or bodily injury, whether caused by our, equipment, software, or any of our agents or subcontractors. We are not responsible for any direct, indirect, special or consequential, economic or other damages arising in any way from the installation, use or maintenance of the equipment, software or Internet browser or access software. We are not responsible for any loss, damage or injury resulting from an interruption in your electrical power or telephone service; the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or any defect or malfunction of your computer, modem, or telephone line. Company is not responsible for any services relating to your computer other than those specified in this Agreement. If any equipment failure occurs in any way relating to your computer, modem, or telephone line, Company is not responsible.
9. Changes to Fees or Other Terms
   
   Company reserves the right to change any term or condition described in this Agreement at any time. If required by law, Company will give you prior notice of such changes. Such changes shall be effective as specified in our notice of change. By maintaining your Online Account after the effective date of the change, you evidence your agreement to the change.
10. Notices
    
    You agree that Company may deliver any future notices, including notices of changes to these Terms of Use or other matters, and information required by law or regulation to be provided to you pertaining to your Online Account (collectively, "Notices") electronically by posting such Notices or a link to such Notices on our website, through the mobile app, or by sending such Notices to the last email or postal address that you have provided to Company. You agree to promptly notify Company of any change in your email or postal address.
11. Other General Terms
    
    You agree to be bound by and will comply with the requirements of your loan documents, the rules and regulations of any funds transfer system in which we participate, and all applicable State and Federal laws and regulations. Company reserves the right to terminate this Agreement and your access to the Online Account without prior notice.
    
    This Consumer Online Agreement and the CAC Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties, and their respective successors and assignees. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these 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.
    
    This Consumer Online Agreement and CAC Terms of Use is intended for the sole and exclusive benefit of you, us, and WebBank (as third party beneficiary), and is not intended to benefit any third party, except as otherwise stated.
12. Termination
    
    Company, in its sole discretion and without liability, may suspend or terminate your access or use of the Sites for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Company also may, in its sole discretion at any time, discontinue providing the Sites, Mariner’s Mobile Customer Account Center, or any part thereof, with or without notice. Company may suspend, terminate, and/or bar further access to the Sites at any time without prior notice to you. Company shall not be liable to you or any third party for any suspension or termination of any access to or use of the Sites, but regardless of any suspension or termination, you shall remain liable pursuant to the terms of any loan received.
    
    You may delete your Online Account at any time by visiting https://loans.marinerfinance.com/login and selecting the “Need to delete your account” option. You will be provided additional instructions and next steps as well as contact information if there are questions.
13. Disclaimers and Limitations of Liability

COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.

(B) ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

(C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF PRODUCTS THROUGH COMPANY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, COMPANY’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14. Arbitration Agreement

a. By agreeing to these CAC Terms of Use, you agree to this Arbitration Agreement (“Arbitration Agreement”). In this Arbitration Agreement, “we," “us,” and “our” includes Mariner Finance, LLC, and its affiliates, subsidiaries, agents, employers, successors, and assigns and all of their employees, officers, directors and controlling persons, and any other person or company who provides any goods or services in connection with these CAC Terms of Use if you assert a Claim against such other person or company in connection with a Claim you assert against us.

b. Arbitration Agreement. You or we may elect to have any Claim (defined below) resolved by neutral binding arbitration instead of in court. You waive any right to have a judge or jury resolve a Claim between you and us in court. You waive any right you have to participate as a class representative or class member in court or in arbitration.

c. Claim. “Claim” means any claim or dispute, whether arising in law, equity, or otherwise, and regardless of the type of relief sought arising from or relating to your application for credit, the note, the origination, servicing and enforcement of the obligation, any insurance contract or warranty or other product or service you buy, and any relationship that results from the note, the underlying obligation, any of the foregoing, and/or your use of the CAC. “Claim” also means data breach or privacy claims arising from or relating directly or indirectly to our disclosure (or disclosure by a third party acting on our behalf) of any non-public personal information about you, and disputes arising from communications involving telephones, automatic dialing systems, artificial or prerecorded voice messages, SMS text messages or facsimile machines. “Claim” includes initial claims, counterclaims, cross-claims, and third-party claims. Claim also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation and ordinance. In addition, “Claim” includes disputes arising from facts, actions, or omissions that occurred prior to the date of this Arbitration Agreement, except that “Claim” does not include claims that were already pending in court or in arbitration before this Arbitration Agreement took effect Notwithstanding the foregoing, “Claim” does not include any dispute or controversy about the validity, enforceability or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the “Other Agreements” section set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. Any dispute or controversy that concerns the validity, enforceability or scope of the CAC Terms of Use as a whole is for the arbitrator, not a court, to decide.

d. Notice of Claim.

i. Prior to asserting a Claim (as such term is defined above) in court or in arbitration, the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a “Claim Notice”) and a reasonable opportunity to resolve the Claim. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Claim Notice must be sent by U.S. Mail. The Potential Defendant shall have at least 30 days after receiving the Claim Notice to attempt to resolve the Claim except for Claims requiring some form of expedited injunctive relief in a shorter period. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. Further the Claimant, on request, shall meet with the Potential Defendant (or an authorized representative thereof) either in person or by video or telephone conference to discuss possible compromise or other resolution of the Claim. Any such meeting that you attend in person must take place in a venue reasonably convenient to you. The Claimant and the Potential Defendant may have a lawyer or other representative present for such meeting. Rule 408 of the Federal Rules of Civil Procedure shall govern the admissibility of all statements, conduct or other discussions between the Claimant and the Potential Defendant regarding the possible compromise or resolution of the Claim. On request, we will pay any reasonable, out-of-pocket expenses you incur in attending or participating in any such meeting.

ii. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. If there are multiple parties on the account, we may send the Claim Notice to any of you. A Claim Notice from us may be in the form of a collection letter or a notice demanding payment of a negative balance under the account. Any Claim Notice to us shall be sent by U.S. Mail to Mariner Finance, LLC, Attn.: Customer Relations, Claim Notice, 8110 Corporate Drive, Nottingham, MD 21236 (or any updated address we subsequently provide). Any Claim Notice you send must provide your name and account number, as well as your address and a phone number where you can be reached during normal business hours. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf.

iii Any statute of limitations applicable to the Claim described in the Claim Notice shall be tolled during the period between the date that the Claim Notice is mailed and the later of: (1) 60 days after the Claim Notice is received, or (2) 30 days after either Claimant or Potential Defendant informs the other that good faith efforts to resolve the Claim informally have ceased (the “Tolling Period”). Unless prohibited by applicable law, (1) a lawsuit or arbitration proceeding may not be commenced unless the Claimant has complied with this Notice of Claim provision, (2) the court will have authority to enforce this Notice of Claim provision, including the power to dismiss or stay the filing or prosecution of a lawsuit or an arbitration unless the Claimant has complied with this Notice of Claim provision, and (3) the arbitration organization is without authority to accept or administer any arbitration proceeding prior to the termination of the Tolling Period unless the Claimant has complied with this Notice of Claim provision.

e. Small Claims. You and we will not demand to arbitrate an individual Claim that you or we bring against one another that is within the jurisdiction of the small claims court or your or our state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we and you then have the right to demand arbitration. Moreover, if you or we bring any counterclaim or cross-claim that asserts class or other representative claims or is for more than the small claims court’s jurisdiction, the entire dispute (including the counterclaim or cross-claim) must, if you or we choose, be resolved by arbitration. After a case is filed with the arbitration organization, but before the arbitrator is formally appointed to the case, a party can send a written notice to the opposing party and the arbitration organization that the dispute is within the jurisdiction of the small claims court (or an equivalent court) and that it wants the case decided by said court. A party may only send this notice if the matter and amount is properly within the jurisdiction of the small claims court (or an equivalent court). After receiving this notice, the arbitration organization will administratively close the case without requiring the payment of filing or any other administrative fees. Filing or pursuing a Claim in small claims court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction.

f. Excluded Claims. The following claims, called Excluded Claims, are excluded from the arbitration process in order to protect property or the status quo in connection with an existing or prospective arbitration: (a) self-help or provisional remedies (such as repossession, attachment, garnishment, replevin, and temporary restraining orders) and/or (b) any individual action in court by one party to prevent the other party from using a provisional or self-help remedy and that does not seek damages or monetary relief of any kind. Pursuing an Excluded Claim in court does not waive any right to seek arbitration for Claims that are not excluded.

g. Non-Waiver. Even if a Claim is brought in court, you or we may choose to arbitrate any Claim made by a new party or any Claim later asserted by a party in that action or any related or unrelated lawsuit. Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.

h. Arbitration Process.

i. Arbitrations will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules for Multiple Case Filings or, if the AAA is not available, by another arbitration organization agreed to in writing by both you and us. If you and we cannot agree, a court with jurisdiction will appoint the arbitration organization or arbitrator. However, no arbitration may be administered by any organization or arbitrator that has in place a formal or informal policy that is inconsistent with the terms of this Arbitration Agreement, including but not limited to the Class Action Waiver. You can find the rules of the AAA by visiting its website at www.adr.org. Arbitrators must be attorneys or retired judges with at least 15 years of experience practicing law. Arbitrators must be selected according to rules of the AAA or any other agreed or appointed arbitration organization. Arbitrators must apply substantive governing law consistent with the Federal Arbitration Act and applicable statutes of limitation and privileges. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim).

ii. The arbitration hearing will be conducted in the federal judicial district where you live. The arbitration may take place somewhere else more convenient to you if required by the rules of the AAA or any other agreed arbitration organization. If you and we agree, the arbitration can be conducted by telephone. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules or rules of the other organization. However, (a) we will pay or reimburse your share of the Arbitration Fees if you make a written request for us to pay such fees that is on your behalf individually and not on behalf of any other person, if you attempted but were unable to obtain a waiver of fees from the AAA or other arbitration organization, and if your request is reasonable and in good faith, and (b) we will pay or reimburse your Arbitration Fees if and to the extent you prevail against us in the arbitration or if required by applicable law. You and we will each pay our own attorneys’ fees and witness and experts’ expenses, except as otherwise required by the CAC Terms of Use, applicable law or this Arbitration Agreement. If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The arbitration award must be in writing. Any award must be kept confidential. The arbitrator’s decision is final and binding. Judgment upon the award may be entered by any court having jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.

i. Appeals. You and we have a limited right to appeal the arbitrator’s award as permitted under the Federal Arbitration Act. In addition, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $50,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the arbitration organization. The panel shall reconsider any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with the preceding paragraph of this Arbitration Agreement.

j. Applicable Law. This Arbitration Agreement relates to a credit transaction involving interstate commerce and is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), and not by any state arbitration law, provided that the law of the state governing your use of the CAC shall be applicable to the extent that any state law is relevant in determining the enforceability of this Arbitration Agreement under Section 2 of the Federal Arbitration Act.

k. JURY TRIAL WAIVER. IF A CLAIM IS ARBITRATED, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.

l. CLASS ACTION WAIVER. IF A CLAIM IS ARBITRATED: (1) YOU AND WE MAY NOT PARTICIPATE IN A CLASS ACTION IN COURT OR IN A CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER; (2) YOU AND WE MAY NOT ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) UNLESS ALL PARTIES OTHERWISE AGREE IN WRITING, CLAIMS BROUGHT BY OR AGAINST YOU OR US MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR OTHER REPRESENTATIVE ARBITRATION.

m. Other Agreements. If any part of this Arbitration Agreement is found by a court or arbitrator to be unenforceable, the remainder is enforceable, except that: (A) if the Class Action Waiver is limited, voided or found unenforceable in a proceeding between you and us, and that determination becomes final after all appeals have been exhausted,, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding; (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court; and (C) special rules apply in the event of a Mass Arbitration as set forth below. This Arbitration Agreement will survive the termination of your use of the CAC, regardless of reason for termination, the sale or assignment of your obligation by us to a third party, the repayment of some or all amounts owed under the note, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the CAC Terms of Use, on the other hand, this Arbitration Agreement shall govern. Except as otherwise stated in this Arbitration Agreement, either you or we can compel arbitration in any court proceeding, regardless of which party filed suit. Either you or we can enforce an arbitration award. This Arbitration Agreement does not stop you from filing a complaint with a federal, state, or local regulator.

n. Additional Procedures for Mass Arbitration.

i. If your Claim is part of twenty-five (25) or more similar Claims asserted against us by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”), you understand and agree that these additional procedures will apply and the resolution of your Claim might be delayed. Claims are “similar” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to the following staged process and application of the AAA Mass Arbitration Supplementary Rules and Fee Schedule. Your counsel and our counsel shall each pick twenty-five (25) cases (per side) to proceed in individual arbitration proceedings as part of an initial staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any initiation, filing, administrative or other arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process. The parties agree that after completion of the first set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge (or another mediator agreed to by the parties) in an effort to resolve the remaining Claims or to discuss potential ways to streamline the procedures for adjudicating the remaining Claims. If the parties are unable to resolve the remaining cases after the conclusion of the initial fifty (50) proceedings, each side shall pick another twenty-five (25) cases (per side) to proceed to individual arbitration proceedings as part of a second staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any initiation, filing, administrative or other arbitration fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process. The parties agree that after completion of the second set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge (or another mediator agreed to by the parties) in an effort to resolve the remaining Claims or to discuss potential ways to streamline and expedite the procedures for adjudicating the remaining Claims. If the parties are unable to resolve the remaining cases after the conclusion of the second set of fifty (50) proceedings, this staged process shall continue, consistent with the parameters set forth above, except that the parties may elect to meet and confer to discuss increasing the number of cases to proceed in each set of staged proceedings or to otherwise modify the procedures to resolve the remaining Claims as informed by the prior arbitration proceedings. To the extent feasible, a single arbitrator shall preside over each case, and the same arbitrator may not be assigned to more than one case in any given set of 50 (or more should the parties agree) proceedings unless the parties agree otherwise. The arbitrators assigned to each set of proceedings shall not be identical. However, if the number of individual cases exceeds the number of available qualified arbitrators, the AAA or other administrator may assign multiple cases to a single arbitrator, who will decide each case on its own merits. This staged process shall continue, consistent with the parameters identified above, until all the Claims included in the mass arbitration, including your case, are adjudicated, settled, withdrawn, or otherwise resolved. You or we may request an in-person, video, or telephonic hearing with the arbitrator when your Claim is selected to move forward as part of a staged process. The statute of limitations and any filing fee deadlines shall be tolled for Claims subject to this process from the time the first cases are selected for a staged process until the time your case is selected to proceed as part of a staged process, settled, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands. The parties agree to participate in this process in good faith. Consistent with these additional procedures and the goals of the Mass Arbitration Supplementary Rules, the parties may elect to meet and confer, enter into a “cooling off” period, and/or further mediate any or all of the remaining Claims at any time or to discuss and potentially agree to modifications to this process to ensure efficiency and an open dialogue throughout this process.

ii. The parties agree that the procedures set forth in this section are integral to the Arbitration Agreement insofar as it applies to a Mass Arbitration. If the procedures set forth in this section are found to be invalid or unenforceable, and that determination becomes final after all appeals have been exhausted, then the entirety of this Arbitration Agreement shall be null and void with respect to the Mass Arbitration Claims only, and neither you nor we shall be entitled to arbitrate any Claim that is a part of the Mass Arbitration; provided, however, that such a determination shall not affect or impair the validity or enforceability of this Arbitration Agreement as it applies to Claims other than Claims that were included in the Mass Arbitration.

o. Rejection of Arbitration Agreement. If you do not want this Arbitration Agreement to apply to your use of the CAC and correlating services, you may reject it by mailing a written rejection notice via U.S. mail to Mariner Finance, LLC, Attn.: Customer Relations, Claim Notice, 8110 Corporate Drive, Nottingham, MD 21236, within 60 days after your acceptance of the CAC Terms of Use. The notice must include a statement that you reject the Arbitration Agreement, and your name, address, telephone number, and account number. You must sign the rejection notice in order for it to be effective. Rejection of this Arbitration Agreement will not affect any other provision of the CAC Terms of Use. Your rejection of this Arbitration Agreement shall not be imputed to any other person or entity or be deemed to be a rejection of this Arbitration Agreement by any person or entity other than you. Nor shall your rejection of this Arbitration Agreement eliminate the obligation of other persons or entities who wish to reject this Arbitration Agreement to personally comply with the notice and time requirements set forth in this paragraph.