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TERMS AND CONDITIONS OF USE FOR SMS/MMS TEXT COMMUNICATIONS

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IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UPBOUND GROUP INC., FORMERLY KNOWN AS RENT-A-CENTER, INC., ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY PROVIDING YOUR TELEPHONE NUMBER AND ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND CAREFULLY CONSIDERED THE CONSEQUENCES OF THIS IMPORTANT DECISION.

THIS WEBSITE AND INFORMATION ON IT ARE CONTROLLED BY UPBOUND GROUP, INC. IN THE UNITED STATES, CANADA AND PUERTO RICO. PLEASE SEE OUR WEBSITE PRIVACY POLICY FOR FURTHER INFORMATION.

Upbound Group, Inc., on behalf of itself and its affiliates and/or subsidiaries (hereinafter collectively 'Company') reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use this Web Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the Terms as revised.

Please read these Terms and Conditions of Use for SMS/Text Communications and Arbitration Agreement carefully. By using any of the Company services described herein, and by providing any phone number to Company, you: (i) agree to all such terms, conditions and notices, (ii) acknowledge that you have read and understood these Terms and Conditions, (iii) represent that you are 18 or older; (iv) consent to be legally bound by these Terms and Conditions; and (v) consent and agree to the contents of Company's Website Privacy Policy and the Arbitration Agreement set forth below. If you do not agree to these Terms and Conditions, do not use Company’s services, download any applications or provide your telephone number or contact information to Rent-A-Center.

MARKETING ALERTS

HOW TO SIGNUP

Text SIGNUP to 94210 to join Rent-A-Center Marketing Alerts. Reply HELP for help, STOP to cancel. Messaging & Data Rates May Apply.

HOW TO OPT-OUT

To discontinue receiving Marketing SMS/MMS messages from Rent-A-Center Promo Alerts, text STOP to 94210.

NEED HELP?

For additional help, text HELP to 94210 or call 1-800-422-8186.

SMS/MMS MESSAGE FREQUENCY

Message Frequency Varies

COMPATIBILITY

Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile. T-Mobile® is not liable for delayed or undelivered messages.

ARBITRATION AGREEMENT

PLEASE READ THIS ARBITRATION AGREEMENT. IT IS BINDING AND ENFORCEABLE UNLESS YOU OPT OUT, AS SET OUT IN PARAGRAPH (A) BELOW.

This Arbitration Agreement (“Agreement”) is between the Company and the Consumer. As used in this Agreement, the terms “Consumer” and “Consumers” mean the customers who sign this Agreement. The term “Consumer Contract” means the consumer lease, rental-purchase agreement, or retail installment sale contract between the Consumer(s) and the Company. The terms “you” and “your” mean the Consumer, customer, lessee, renter, user, buyer, and other third-party beneficiaries of the items or services the Company is providing, will provide, or has provided to you. And the term “the Company” means Upbound Group, Inc. FKA Rent-A-Center, Inc. and its past, present, and future parents, subsidiaries, affiliate entities (including but not limited to Rent-A-Center East, Inc., Rent-A-Center West, Inc., Rent-A-Center Texas, L.P., Acima Digital, LLC, and Get It Now, LLC, operating the following lines of business: Rent-A-Center, Acima, Get It Now, and Home Choice), and predecessors, or successors in interest.


Except as otherwise provided in this Agreement, you and the Company agree to resolve by individual, final, and binding arbitration any and all Covered Claims (as defined in paragraph (B) below) that the Company may have against you or that you may have against the Company and/or (i) its directors, officers, members, managers, employees, or agents in their capacity as such; (ii) its successors or assigns; or (iii) its clients and host stores. Each of the entities and/or individuals listed in this paragraph can enforce this Agreement.

(A) Your Right to Opt Out: If you want to opt out of this Agreement, you must send a written Opt-Out Notice to: Upbound Legal Department, 5501 Headquarters Drive, Plano, TX 75024-5837. The Opt-Out Notice must (i) state that you are opting out of this Agreement; (ii) provide your name, and mailing and email addresses, and phone number; and (iii) provide the agreement number from the Consumer Contract you entered into with the Company, which is incorporated into this Agreement as though fully set forth. An Opt-Out Notice is effective only if it is personally signed by all Consumers who signed the Consumer Contract with the Company, sent by one or more of those Consumers on an individual basis, and postmarked within 30 days after the date of those signatures on the Consumer Contract. The Company will acknowledge your opt out in writing. You should retain the acknowledgement to establish that you have opted out of this Agreement. If you do not receive the acknowledgement from the Company within 15 days from the date you sent the Opt-Out Notice to the Company, then you should contact the Upbound Legal Department by mail or by email at arbitration.reject@rentacenter.com. An Opt-Out Notice applies only to this Agreement, and all other parts of your Consumer Contract will continue to apply to you. An Opt-Out Notice does not affect the validity or enforceability of any past or future applicable arbitration agreements between you and the Company, which will continue to apply according to their terms.


(B) What Claims Are Covered: You and the Company agree to arbitrate claims or disputes arising under, arising out of, or relating in any way to your account with the Company, any Consumer Contract entered into between you and the Company at any time and/or any services rendered under or that relate to any such Consumer Contract, which include, but are not limited to, the Company’s website, mobile application, and products and services, regardless of when the dispute arises (“Covered Claim”). This agreement to arbitrate is intended to be interpreted as broadly as the Federal Arbitration Act (“FAA”) allows. Covered Claims include disputes that were not noticed at the time you electronically accepted your Consumer Contract but that involve facts occurring before the existence of this or any of your prior Consumer Contracts as well as claims that may arise after the termination of your Consumer Contract. Examples of Covered Claims include, but are not limited to, the following:
• disputes arising out of or relating in any way to your interactions with or any actions taken by the Company or any of its employees or agents, including but not limited to allegations that those employees or agents acted improperly in terminating your Consumer Contract or account, repossessing goods, or making complaints or reports about you to law enforcement, credit reporting bureaus, or any other third party;
• disputes relating to money you paid to the Company in connection with a Consumer Contract;
• disputes related to the use of Company services, including any websites, mobile applications, and communication services;
• disputes relating to the retention, protection, use, or transfer of information about you or any of your accounts;
• disputes relating to communications with you, regardless of sender, concerning any of our or our marketing partners’ products or services, including emails and automatically dialed calls and text messages;
• disputes relating to your provision of a telephone number or contact information to the Company that is used to contact you for any reason;
• disputes that arose before the execution of this Agreement or any current or prior Consumer Contract between you and the Company, such as claims related to advertising or disclosures;
• disputes that are based on any legal theory whatsoever, including negligence, breach of contract, tort, fraud, misrepresentation, trespass, the common law, or any statute, regulation, or ordinance; and
• except as specified in paragraph (E) (Class Action Waiver) and paragraph (O) (Mass Claims) below, any and all disputes relating to the interpretation, applicability, enforceability, scope, or waiver of this Agreement, including but not limited to any contention that all or any part of this Agreement is void or voidable.


(C) What Claims Are Not Covered: Covered Claims do not include criminal proceedings and/or making a report or filing a claim with any law enforcement agency, initiated by you or the Company. Initiating or participating in criminal proceedings and/or making a report of filing a claim with any law enforcement agency shall not be a waiver of any right to arbitrate under this Agreement, but any action by either party for abuse of process, improper criminal proceedings, or similar action arising out of any law enforcement/criminal proceedings/claim with any law enforcement agency is covered by this Agreement and must be arbitrated. In addition, Covered Claims do not include disputes that applicable federal statutes exempt from arbitration, overriding the FAA. Covered Claims also do not include requests under California law by California residents for an injunction on behalf of the general public, which may only be maintained in a court of competent jurisdiction; however, that court proceeding shall be stayed until the completion of arbitration in accordance with this Agreement of all other remedies sought under California law (such as damages and private injunctive relief).

(D) Small Claims Court Option: Notwithstanding the foregoing, you and the Company each have the right to file an individual action in small claims court (or your state’s equivalent, e.g., justice of the peace courts) if it is within the jurisdiction of the small claims court and remains in that court. The defendant or counterclaim defendant in such a small claims court action may not elect to have the claim resolved by binding arbitration. If your jurisdiction permits small claims court judgments to be appealed to a court of general jurisdiction for a trial de novo, we agree that any such appeal shall be resolved in arbitration in accordance with this Agreement instead of in that court of general jurisdiction.

(E) Class Action Waiver: You and the Company agree that arbitration shall be conducted on an individual basis only. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class, mass, or representative action or for the arbitrator to award monetary, declaratory, or injunctive relief on behalf of absent parties (“Class Action Waiver”). Nor shall the arbitrator have any authority to hear or preside over any such dispute. Additionally, except as specified in paragraph (O), claims may not be joined or consolidated in arbitration with disputes brought by other customers, unless agreed to in writing by all parties. You also agree you are not entitled to notice of any class, mass, or representative action involving claims filed by others, including without limitation notice by any plaintiffs’ counsel, court, or arbitrator. Nor may you opt-in or consent to join any class, mass, or representative action involving Covered Claims. If (after exhaustion of all appeals) a final judicial determination is made that the Class Action Waiver is unenforceable as to a particular issue, cause of action, or request for relief and that a class, mass, or representative action may proceed as to that specific issue, cause of action, or request for relief notwithstanding the existence of this Agreement, the arbitrator is nevertheless without authority to preside over a class, mass, or representative action. That action instead must be brought in a court of competent jurisdiction—not in arbitration. That court action may proceed only after the completion of arbitration in accordance with this Agreement as to all issues, causes of action, or requests for relief as to which this paragraph (E) is enforceable. This paragraph (E) does not prevent you or the Company from participating in a class-wide or mass settlement of claims.
Regardless of anything else in your Consumer Contract, this Agreement, or the arbitration provider’s rules or procedures, any disputes relating to the interpretation, applicability, scope, waiver, and enforceability of this paragraph (E), including but not limited to any claim that all or part of this Class Action Waiver is void or voidable, may be determined only by a court—not by an arbitrator.

(F) Notice of Disputes: You and the Company agree that before commencing arbitration, the party asserting a Covered Claim must send a written Notice of Dispute (“Notice”) to the other. A Notice to the Company must be sent to: Upbound Legal Department, 5501 Headquarters Drive, Plano, TX 75024-5837. A Notice to you will be sent to you at the last known address you provided to the Company. A Notice must (i) provide your name, mailing and email addresses, phone number, and Consumer Contract number(s); (ii) describe the nature and factual and legal basis of the dispute; (iii) set forth the specific relief sought; and (iv) be signed by the party seeking arbitration (i.e., either you personally or a Company representative). To safeguard your personal information, if you have retained an attorney to submit your Notice, you must also provide your written authorization, signed personally by you, allowing the Company to discuss the dispute and your account and to share your account records with your attorney. The Company may also ask you (or your attorney, if your Notice is submitted by an attorney) to verify your identity and the fact that you authorized submission of the Notice or disclosure of account information to your attorney. You agree to cooperate with any reasonable request for verification. 

(G) Informal Resolution Period and Informal Settlement Conference: After receipt of a written Notice containing all of the information required by paragraph (F), the parties will not initiate arbitration for a 45-day period (“Informal Resolution Period”). During the Informal Resolution Period, the parties may attempt to resolve the claim. The parties may also mutually agree to extend the Informal Resolution Period. During the Informal Resolution Period, either party may request an informal meeting to discuss how to settle the dispute (“Informal Settlement Conference”). If timely requested by either party, the Informal Settlement Conference must take place at a mutually agreeable time by telephone or videoconference (which can be after the 45 days), unless the request for the Informal Settlement Conference is withdrawn in writing. You and a Company representative must both personally participate; any counsel representing you or the Company also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and an authorized representative of the Company agree in writing. To protect your privacy, other customers (except for co-signors of your Consumer Contract) cannot participate in your Informal Settlement Conference unless you and the Company agree in writing. The Informal Resolution Period and Informal Settlement Conference are to allow the parties a meaningful opportunity to resolve the dispute without the expense of arbitration. Arbitration cannot be commenced until the end of the Informal Resolution Period or, if an Informal Settlement Conference was timely requested, after the Informal Settlement Conference is completed or the request for one is withdrawn. A court will have authority to enforce this paragraph (G), including the power to enjoin the filing or prosecution of arbitrations where the filing party did not both provide a fully complete Notice and participate in a timely requested Informal Settlement Conference. The court also may decide disputes over compliance with those requirements. During any such court challenge, the arbitration will be automatically stayed. Unless otherwise prohibited by applicable law, even absent a court order as contemplated above, an arbitrator and/or any arbitration sponsoring organization (including JAMS) is without authority to accept or administer any arbitration demand, or assess or demand fees for the arbitration, unless and until the Informal Resolution Period has ended and the claimant has fully complied with the requirements of paragraphs (F) and (G). 

(H) Commencing Arbitration: After the Informal Resolution Period has ended (and any timely requested Informal Settlement Conference has taken place), the claimant may commence arbitration by filing a Demand for Arbitration with JAMS. The claimant must send a copy of the Demand for Arbitration to the other party. Demands for Arbitration by you should be sent to: Upbound Legal Department, 5501 Headquarters Drive, Plano, TX 75024-5837. Demands for Arbitration by the Company will be sent to you at the last known address you provided to the Company. JAMS’s mailing address and instructions for filing Demands for Arbitration online instead of by mail may be found on its website at www.jamsadr.com. Demands for Arbitration must be clearly marked “Demands for Arbitration” and include all of the following: 
•    the claimant’s name, mailing and email addresses, phone number, and personal signature; 
•    the name, mailing and email addresses, phone number, and signature of the claimant’s attorney (if any);
•    the Consumer Contract number of any Consumer Contracts at issue; and
•    a short statement of the factual basis of the claim, the causes of action asserted, and the specific relief that is being sought.
A copy of the Notice and this Agreement also must be attached to the Demand for Arbitration.

If the claimant is represented by an attorney, by signing the Demand for Arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rules of Civil Procedure 11(b): (1) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

(I)  The Arbitration Process: Arbitration is more informal than a lawsuit in court. In arbitration you and the Company each give up the right to a trial by judge or jury. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules (“JAMS Streamlined Rules”), except as supplemented, where applicable, by its Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”; together with the JAMS Streamlined Rules, the “JAMS Rules”), in effect at the time the arbitration commences, as modified by this Agreement. If there is a conflict between the JAMS Rules and this Agreement, this Agreement shall govern. The JAMS Rules are available at www.jamsadr.com or by writing to the Upbound Legal Department at the address in paragraph (F). If JAMS is unavailable or unwilling to administer the matter consistent with this Agreement, the parties may agree to or a court of competent jurisdiction shall select an arbitrator to administer the arbitration or otherwise fulfill the duties of JAMS. Any such substitute arbitrator shall apply the terms of this Agreement and the JAMS Rules, as modified by this Agreement. 

Once JAMS has notified the parties that an arbitration has been accepted for administration, the responding party shall be permitted at least 30 days to file a response to the Demand for Arbitration. If the responding party fails to file a response, the allegations in the Demand for Arbitration shall be deemed denied and all potential defenses are preserved.
Unless the parties agree otherwise, any merits arbitrator or process administrator shall be either an attorney who is experienced in commercial law and licensed to practice law in at least one state or a retired judge from any jurisdiction. Unless the parties agree otherwise, any in-person arbitration hearing shall take place in the U.S. city or county in which you reside at the time arbitration is commenced.

Unless the parties agree otherwise, any merits arbitrator or process administrator will be selected as follows: JAMS shall give each party a list of arbitrators drawn from its roster of arbitrators. If the total relief sought is valued at $75,000 or less (to both you and the Company) and a merits arbitrator is being selected, the list shall contain at least seven arbitrators. In all other cases, or if a process administrator is being selected, the list shall contain at least nine arbitrators. Each party shall have 10 calendar days from the receipt of the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the merits arbitrator (or process administrator, as applicable). If more than one common name remains on the lists of both parties, the parties shall strike names alternately from the list of common names on a telephone call administered by JAMS, until only one remains. The party who did not initiate arbitration shall strike first. If no common name remains on the lists of all parties, JAMS shall furnish a new list of arbitrators from which the parties shall strike alternately on a telephone call administered by JAMS, with the party who initiated arbitration striking first, until only one name remains. That person shall be designated as the merits arbitrator (or process administrator, as applicable). If the individual selected cannot serve, JAMS will issue another new list of arbitrators and repeat this process.

Subject to paragraph (E) (Class Action Waiver), the arbitrator may award any party any remedy to which that party is entitled under applicable law (including without limitation legal, equitable, and injunctive relief and an award of statutory attorneys’ fees and costs), but such remedies shall be limited to those that would be available to a party in that party’s individual capacity in a court of law for the claims presented to and decided by the arbitrator. Except to the extent preempted by the FAA, the arbitrator shall apply the substantive law, including but not limited to, the applicable statutes of limitations (and the law of remedies, if applicable) of the state of the Consumer’s mailing address on file with the Company at the time arbitration commences, or federal law, or both, as applicable to the claim(s) asserted. The arbitrator is without jurisdiction to apply any different substantive law or law of remedies. In addition, the arbitrator may consider rulings in other arbitrations involving different customers, but unless prohibited by applicable law, a ruling by an arbitrator (including in a bellwether proceeding under paragraph (O) below) will not be binding or have preclusive effect in proceedings involving different customers. 

Both parties shall have the right to discovery in support of their claims and defenses. Discovery shall consist of an exchange of all documents and exhibits that the party intends to use at the hearing in support of that party’s claims and defenses, as well as a list of witnesses intended to testify at the hearing, along with the subjects of their anticipated testimony. The arbitrator may allow limited and reasonable additional discovery to the extent the arbitrator deems necessary to provide for a fundamentally fair process, with consideration to the expedited nature of arbitration and the need to ensure that the cost and burden of discovery is commensurate with the amount in controversy.

The arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences, as well as the arbitration hearing, by telephone, videoconference, or in person, as the arbitrator deems appropriate. Either party may file a motion to dismiss and/or a motion for summary judgment. The arbitrator shall set a briefing schedule for such motion(s) upon the request of either party. Except for a ruling on the basis of a dispositive motion, unless the parties agree otherwise, the arbitrator will conduct the arbitration hearing by telephone, videoconference, or in person, as the arbitrator deems appropriate, with you and a Company representative in attendance. Any party may arrange for a court reporter to provide a stenographic record of the proceedings in accordance with JAMS Rules. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the arbitrator shall have the authority to decide the dispute based upon the evidence that is presented. Upon request at the close of the hearing, either party shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the arbitrator.
The arbitrator shall render an award no later than thirty (30) days from the date the arbitration hearing concludes or the last post-hearing brief is submitted. The award shall be in writing and include the factual and legal basis for the award. Before the arbitrator issues this award, neither the Company nor you should disclose the substance of any settlement offers to the arbitrator. 

If the arbitrator awards attorneys’ fees to a party, unless the arbitrator sets another schedule, that party must submit its fee request within 14 days of the award, and any objections to the fee request must be submitted 14 days thereafter. 

(J) Alternative Payment: Except as specified in paragraph (O), if the merits arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer made before the merits arbitrator was selected (or awards you any relief at all on the merits, if the Company made no such settlement offer), then the Company will pay you $1,000 (“the Alternative Payment”) instead of any smaller award, so long as you had fully complied with the requirements in paragraphs (F), (G), and (H), and your final Demand for Arbitration sought relief valued at $10,000 or less (to both you and the Company). If, however, you disclosed the substance of any settlement offer by the Company to the merits arbitrator before an award on the merits is issued, you may not be awarded the Alternative Payment. In determining whether you have earned the Alternative Payment, the arbitrator shall not consider amounts offered for or awarded in attorneys’ fees or costs. If, after commencing arbitration, you amend your claim to include new or different claims or to request different or greater relief than you initially requested, the Company may make a written settlement offer within the next 30 days. If not accepted, that offer will be used by the merits arbitrator following the issuance of the award to determine whether you have earned the Alternative Payment. The merits arbitrator shall make any rulings and resolve disputes as to the Alternative Payment, upon request from either party made within 14 days of the ruling on the merits.

(K) Judicial Review: Judicial review shall be governed by the substantive and procedural provisions of the FAA. The decision of the Arbitrator may be entered and enforced as a final judgment in any court of competent jurisdiction.

(L) Arbitration Fees and Costs: The payment and allocation of all filing, administration, case-management, arbitrator, or other fees charged by JAMS or the Arbitrator (“JAMS Fees”) will be governed by applicable law and the JAMS Rules. However, if you initiate arbitration, your share of JAMS Fees will be capped at the amount of the filing or initial appearance fee applicable to court actions in the jurisdiction where the arbitration will be conducted. In the event applicable law requires a different allocation of arbitral fees and costs in order for this Agreement to be enforceable, then such law shall be followed. You and the Company agree that arbitration should be cost effective for all parties, and either party may engage with JAMS to seek fee reductions or to defer fees.

(M) Interstate Commerce: You understand and agree that you and the Company are engaged in transactions involving interstate commerce and, notwithstanding any other provisions herein with respect to the applicable governing law, agree that the substantive and procedural provisions of the FAA govern the enforcement and interpretation of this Agreement. If the FAA does not apply to a particular dispute or to one or both parties, the parties stipulate and agree that the Texas Arbitration Act (“TAA”) will apply. If neither the FAA nor TAA apply, the arbitration law of the jurisdiction where the arbitration will take place will apply.

(N) Sanctions: As in court, any counsel participating in an arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), or the applicable state counterpart, including a certification that the claim or the relief sought is neither frivolous, brought for an improper purpose, nor lacking in evidentiary support. To the extent allowed by applicable law, the merits arbitrator and process administrator may impose any sanction available under JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.

(O) Mass Claims: If 25 or more claimants submit Notices of Dispute or file Demands for Arbitration raising similar claims and are represented by the same or coordinated counsel (a “Mass Filing”), the JAMS Mass Arbitration Rules will apply, and all of the cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings, as set out below, if the cases are not resolved during the Informal Resolution Period or Informal Settlement Conferences. You and the Company agree to this process even though it may delay the arbitration of your individual claim. 

This paragraph (O) is intended to facilitate the efficient and orderly resolution of Mass Filings. If any requirement of this paragraph (O) has not been met, the parties agree that a court can enjoin the filing or prosecution of arbitrations inconsistent with this paragraph (O) and, unless prohibited by law, even absent a court order as contemplated above, the arbitration administrator shall not accept or administer the arbitrations nor demand fees in connection with such arbitrations. Similarly, any claimants who dispute whether their claims are part of a Mass Filing or otherwise subject to the requirements of this paragraph (O) may ask a court to resolve that dispute. If neither party wishes to bring the issue to a court, both parties retain the right to raise issues regarding compliance with, or applicability of, the requirements of this paragraph (O) and seek appropriate relief in arbitration, including from a process administrator.

If your case is part of a Mass Filing, any applicable contractual or statutory limitations period applicable to the claims and relief set forth in your Notice (as well as to any applicable defenses or counterclaims) will be tolled until your case is selected for adjudication, withdrawn, or otherwise resolved. In addition, the Alternative Payment shall not be available in any case that is part of a Mass Filing.

In the first stage, counsel for the parties shall select up to 25 cases per side (50 cases total) to be filed in arbitration and resolved individually in accordance with this Agreement, with each case assigned to a separate arbitrator (unless the parties agree otherwise or there are an insufficient number of arbitrators available) (“Bellwether Arbitration”). In the meantime, no other cases may be filed in arbitration, and JAMS shall not accept, administer, or demand payment for JAMS Fees for arbitrations commenced in violation of this paragraph (O). Fees associated with an arbitration included in a Mass Filing, including JAMS Fees owed by the Company or the claimant, shall only be due after that arbitration is included in a round of cases that is properly designated for filing and adjudication. 

Throughout the first stage, the arbitrators for the Bellwether Arbitrations are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. If any case selected as a Bellwether Arbitration is withdrawn prior to the arbitrator's award or if either party raises exigent circumstances preventing a Bellwether Arbitration from proceeding, unless the parties agree otherwise, the parties agree to meet and confer in good faith to select a substitute case.

In the second stage, after all of the Bellwether Arbitrations are complete, the parties shall engage in a single global mediation of all remaining cases, and the Company shall pay the mediation fee. 

For any cases that are not resolved following global mediation, to increase the efficiency of administration and resolution of the remaining arbitrations, JAMS shall (1) administer the arbitration demands in batches of 100 arbitrations per batch (or, if between 25 and 99 individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than 100 arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch, whom JAMS will appoint without soliciting input or feedback from any party; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). JAMS shall administer all batches concurrently, to the extent possible.

You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include, but are not limited to: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

If, after exhaustion of all appeals, a court determines that this paragraph (O) or any provision in it is not enforceable, in whole or in part, the unenforceable provision shall be severed, and all of the cases resolved as efficiently as possible, using test cases and/or batched proceedings (to the extent permitted by law) to avoid the expense of separate JAMS Fees for every case. In all events, JAMS Fees will be invoiced as the arbitrations advance and merits arbitrators are appointed, rather than when the arbitrations are initiated.

(P) Additional Forum for Lawsuits and Waiver of Jury Trials and Class Actions in Court: Unless you and the Company agree otherwise, to the greatest extent permitted by law, in addition to any other court that may have jurisdiction, the state and federal courts in the Northern District of Texas will have jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of this Agreement or any of its parts. You and the Company consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. In addition, to the greatest extent permitted by law, you and the Company waive the right to a jury trial with respect to any action not subject to arbitration. YOU AND THE COMPANY KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO A JURY.

In any action proceeding in court, to the greatest extent permitted by law, you and the Company agree that any litigation between you and the Company and/or (i) its directors, officers, members, managers, employees, or agents in their capacity as such; (ii) its successors or assigns; and (iii) its clients and host stores will proceed on an individual basis only. You and the Company each knowingly and voluntarily waives the right to bring or participate in a class, collective, representative, collective, or private attorney general action. You and the Company each knowingly and voluntarily waives any right to non-individual proceedings.

NO LAWSUIT SHALL PROCEED ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS, EVEN IF THE DISPUTES OR CLAIMS AT ISSUE PREVIOUSLY HAD BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) AS A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

(Q) Sole and Entire Arbitration Agreement: This is the complete Agreement of the parties on the subject of arbitration of claims or disputes covered by this Agreement and supersedes and replaces any prior arbitration agreements between you and the Company. This Agreement to arbitrate shall survive the termination of any Consumer Contract you entered into with the Company, your account, or any contract you entered into with the Company. If, however, you have opted out of this Agreement in accordance with paragraph (A) above, any prior arbitration agreements between you and the Company that you did not timely opt out (in accordance with those prior arbitration agreements) will continue to be in full force and effect. No party is relying on any representations, oral or written, on the subject of the effect, enforceability, or meaning of this Agreement, except as specifically set forth in this Agreement.

(R) Construction: Except as specified in paragraphs (E) and (O), if any provision of this Agreement is adjudged to be void or voidable or otherwise unenforceable, in whole or in part, such provision shall be severed from this Agreement, and the adjudication shall not affect the validity of the remainder of the Agreement. All remaining provisions shall remain in full force and effect. A waiver of one or more provisions of this Agreement by any party shall not be a waiver of the entire Agreement. To be valid, a waiver must be in writing and signed by the party against whom the waiver is being asserted. For convenience, this Agreement has page numbers starting at page 1; however, nothing about the pagination or headings in this Agreement is intended to change the intent and legal effect that this Agreement is incorporated into the Consumer Contract and is part of the same set of documents comprising the Consumer Contract. You and the Company agree that an electronic copy or photocopy of this Agreement shall have the same force and effect as the original.

(S) Consideration: The mutual obligations by you and the Company to arbitrate differences provide consideration for each other. 
 

ACKNOWLEDGEMENT

BY USING COMPANY’S SERVICES OR PROVIDING YOUR TELEPHONE NUMBER OR CONTACT INFORMATION TO COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE ARBITRATION AGREEMENT CAREFULLY AND YOU ARE ENTERING INTO THIS ARBITRATION AGREEMENT VOLUNTARILY.

END OF AGREEMENT

Rent-A-Center respects your right to privacy. You can view our privacy policy here: https://www.rentacenter.com/en/privacy-policy.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COMPANY