In the event of any controversy claim or dispute between, the individual (“Client,” or “You”) enrolling for Business Credit & Capital Advisors, LLC (“Company,” “we,” or “us”) and the Company, arising out of or relating to this registration or the breach, termination, enforcement, interpretation, conscionability, or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Charleston County, State of South Carolina or in the county in which the consumer resides in accordance with the Laws of the State of South Carolina for agreements to be made in and to be performed in State of South Carolina. The parties agree that the arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (except attorney’s fees) of arbitration equally. If the consumer's share of the cost (not fees) is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumers share of costs in excess of that amount. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
Company’s Right to Conduct Business Electronically, to Contact Client via SMS Text and via an Autodialer, and the Company’s Right to Use Pre-Recorded Messages When Contacting Client.
Client agrees, unless specifically requested otherwise, that by entering into transactions with Business Credit & Capital Advisors, LLC (“Company”, or “we,” or “us”), Client affirms consent to receive, in an electronic format, all information, copies of agreements and correspondence from Company and to also send information in an electronic format unless previously agreed upon in writing with Company. Client consents and agrees that Company may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and Client intends and agrees that those electronic communications will be given the same legal affect as written and signed paper communications. Client has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Client’s consent may be withdrawn at any time upon Company’s receipt of such withdrawal. However Client’s withdrawal of Client’s consent to conduct business electronically can only occur if applicable law specifically requires Company to provide a paper copy of electronic documents. Withdrawal of consent will slow the speed at which Company can complete certain steps in transactions with Client and delivering services to Client. To inform Company that Client either withdraws Client’s consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update Client’s information, Client may send such request to: conscionability, Business Credit & Capital Advisors, at 2998 W Montague Ave, Ste. 226 North Charleston, SC 29418. Client acknowledges and agrees that the internet is considered inherently insecure. Therefore, Client agrees that Company has no liability to Client whatsoever for any loss, claim, or damages arising or in any way related to Company’s responses to any electronic communication, upon which Company has in good faith relied. At all times, Client maintains the sole obligation to ensure they can receive Company’s electronic communications, and access them on a regular and diligent basis. Client also agrees to be contacted by telephone on Client’s land-line and/or cell phone by Company irrespective of whether the Client’s telephone number appears on any state or federal “Do Not Call” lists. Client further agrees that Company may use a computerized dialing system to contact Client via telephone or SMS text and Client may use a pre-recorded message when contacting Client via telephone or SMS text. Client understands that his or her consent to be contacted does not require Client to purchase any goods or services from Company. To inform Company that Client either withdraws Client’s consent to receive communications from Company as described directly above, or to update Client’s information, Client may send such request to Business Credit & Capital Advisors, LLC at 2998 W Montague Ave, Ste. 226 North Charleston, SC 29418.
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