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  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Marie OropalloOther Matters - Consumer Credit (Non-Card) Transaction document preview
						
                                

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FILED: BROOME COUNTY CLERK 08/16/2021 09:16 AM INDEX NO. EFCA2021002097 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 08/16/2021 Not required to mail or fax this copy to Credit Acceptance RETAIL INSTALMENT CONTRACT ACCOUNT # LOT # 8HD Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address MARIE OROPALLO N/A JEFF KIES AUTO SALES INC 13 ALLEN ST BX8768 RT 434 BINGHAMTON, NY 13901 APALACHIN, NY 13732 "You" "Your" "We" and mean each Buyer above, jointly and severally. "Us", and mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Veh described belowforcesh or credit. The cashprice is shown on Page 2as the "Cash Price". The credit priceis shown belowes "Total Sale Price". You have agreed to buy the Vehicle from Us on credit for the Total Sale Price. You acknowledge delive and acceptance of the Vehiclein good condition and repair. You promise to pay Us all amountsdue underthis Retail Instalment Contract ("Contract"), inci Total Sale Price,in accordance with the paymentschedule shown in the Truth in Lending Disclosures below. You also agree to the terms and conditions ow (including the Truth in Lending Osclosures) and on the additional pages of this Contract. You agree to pay Us a credit service charge at the Annual Perceritage Rate shown below. The Annual Percentage Rate may be negotiable with Us. Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading Used 2010 Ford Fusion 4D Sedan GRY 3FADPOL37AR137172 108,578 TRUTH IN LENDING DISCLOSURES FIN-AWCE Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Paymêñts The total cost of Your RATE The dollar amount The amount of credit The amount You will Purchase on credit, The cost of Your the credit will cost provided to You or on have paid after You including Your credit as a yearly You. Your behalf. have made all payments down payment of rate. as scheduled- 2, 500. 00 3 22 . 99 % $ 6,814.00 $ 9, 860.60 $19,174.60 $ 16,674.60 Payment Schedule: Your payment schedule will be: No. of Payments Amount of Payments When Payments Are Due $ $ 60 $ 2 7 7 . 91 Monthly beginning March 23, 2017 GBENEEEEEEGBBantS ORIGINAL Additional Information: Please read this this Contract for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , as more fully descr"üéd on page 3. ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute by arbitration and not by court action. See the Arbitration Clause on Page 5 of this Contract for the rull terms and conditions of the Arbitration Clause. By initialing below, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration Clause. C Buyer Initials: Buyer Initials: USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. Guia para compradores de vehiculos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE. sig dBuyer's Initials NEWYORKCREDITACCEPTANCE CORPORATION (11-16) © 2012 - 2016 C redit Acceptance Corporation. Buyer's Initials All Rights Reserved. PAGE 1 of 5 The original retail installmentcontract is assigned to Credit AcceptanceCorporation This copy was created on 02/23/2017 FILED: BROOME COUNTY CLERK 08/16/2021 09:16 AM INDEX NO. EFCA2021002097 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 08/16/2021 Not required to mail or fax this copy to Credit Acceptance ITEMIZATION OF AMOUNT FINANCED 1. Cash Price (including accessories and improvements to the Vehicle) ......................................................................................... $ 9 , 9 95 . 00 (1) 2. Sales Tax........................................................................................................................................................................................ $ 915 . 60 (2) 3. Down-Payment Calculation: Cash Down Payment .........................................................$ 2, 500 . 00 (A) Deferred Down Payment ....................................................... g N/A (s) Trade-In Description: Gross Trade-In..............$ N/A (C) Make: N/A Model: N/A Payoff Made by Seller...$ N/A (D) "0" Net Trade-In (If negative number, Insert in line 3(E) and itemize difference in 5(E) below) (C-D) ... $ N/A (E) Trade-In Description: Gross Trade-In..............$ N/A (F) Make: N/ A Model: N/A Payoff Made by Seller...$ N/A (G) "0" N/ A Net Trade-In (lf negative number, Insert in line 3(H) and itemize difference in 5(J) below) (F-G) ... $ (H) Other: Manufacturers Rebate ......................................................................................................... N/ A $ (g) Total Down Payment + B + E + H + l) ..........................................(A $ 2 , 500 . 00 (3) 4. Unpaid Balance of Cash Price (1+ 2 less 3) ................................................................................................................................ $ 8 , 4 10 . 60 (4) 5. Other Charges Including Amounts Paid to Others on Your Behalf: *(NOTICE: A portion of these charges may be paid to or retained by Us.) A. *Cost of Required Physical Damage Insurance Paid to Insurance Company .....................-.............. N/ A $ (A) B. *Cost of Optional Extended Warranty or Service Contract Paid to the Company named below......... $ 1, 45 0 . 00 (B) C. Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest..........$ N/A (C) D. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration ...................... $ N/ A (0) Other Charges (Seller must identify who will receive payment and describe purpose) E. to N/A for lien or lease payoff ................................................. $ N/ A (E) F. *to N / A for N/ A N/ A (p) G. *to N / A for N/ A $ N / A (G) H. *to N/ A for N/A $ N / A (H) l. *to N / A for N / A N/ A (|) J. to N/A for lien or lease payoff ................................................. $ N /A (J) Total of Other Charges and Amounts Paid to Others on Your Behalf........................................................................................... $ 1, 450 . 00 (5) 6. Less Prepaid Finance Charge ....................................................................................................................................................... $ N/ A (6) 7. Amount Financed - Unpaid Balance (4 + 5 less 6)..................................................................................................................... $ 9 , 8 60 . 60 (7) T A ND D W OR ER CE ON T: lth ug u n e e o p ch an i a e or se ce c ra t as a c ndition pu chasin c it, b sig ing e Y u a e di ng th ou ol ril c o u a op extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses. Refer to the optional extended warranty or service contract for details about coverage and duration. Price $ 1, 4 5 0 . 0 0 Term:12 Mo s . \ 12 0 0 0 Miles Company:First Automotive Service Corporation d * 0 2 / 2 3 / 2 0 17 ...-,,,,,d Buyer's Signature Date Buyer's Signature Date NOTICE TO BUYER: 1. Do not sign this agreemañt before you read it or if it contains any blank space. 2. You are êñt|t|êd to a completely filled in copy of this agrêêmêñt. 3. Under the law, you have the right to pay off in advañce the full amount due and under certain conditions to obtain a partial refund of the credit service charge. 4. According to law you have the privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of your own selection. You agree to the terms of this Contract and ackñawisdge that You have received a copy of this Contract with all blanks filled in and that You have read it and understand it. RETAIL INSTALMENT CONTRACT Buyer s Signature: x -.n..¬,,.. Buyer's Signature: x Seller: JEFF KIES AUTO SALES INC By ,--Ù Title: AGENT This Contract is signed by the Seller and Buyer(s) hereto this 23 r d da y of F eb r u a r y 2 0 17 NEWYORKCREDITACCEPTANCECORPORATION (11-16) © 2012 - 2016 Credit Acceptance Corporation. All Rights Reserved. PAGE 2 of 5 The original retail installmentcontract is assigned to Credit AcceptanceCorporation This copy was createdon 02/23/2017 FILED: BROOME COUNTY CLERK 08/16/2021 09:16 AM INDEX NO. EFCA2021002097 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 08/16/2021 Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Security Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; 2). All money or goods received (proceeds) for the Vehicle; 3). All insurance, maintenance, service or other contracts We finance for You; and 4). All proceeds from insurance, maintenance, service or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate of title show our security interest (lien) in the Vehicle. Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as stated on Page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You. Bad Check Charge. You agree to pay Us a bad check charge of $20.00 (or such other amount permitted by applicable law) for any check or like instrument given by You to Us that is retumed by Your bank because of insufficient funds or because Your bank account was closed. Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing. Your Other Promises to Us. You promise that: - You will not remove the Vehicle from the United States or Canada without our written permission. - You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission. - You will not expose the Vehicle to misuse or confiscation. - You will not permit any other lien or security interest to be placed on the Vehicle. - You will preserve and protect the Vehicle and keep it in good condition and repair. - You will not use the Vehicle in a trade or business without our written consent. - You will not use the Vehicle unlawfully or abandon it. If a govemmental agency impounds the Vehicle, You will notify Us immediately and regain possession of the Vehicle. We may regain possession of the Vehicle and treat it as a default. - You will pay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair bills, storage bills, taxes, fines, fees, or other charges on the Vehicle, You agree to repay the amount to Us. - You will permit Us to Inspect the Vehicle at any reasonable time. - You will promptly sign, or cause others to sign, and give Us any documents We reasonably request to perfect our security interest. - You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Confract or any information provided in connection with this Contract. - You will promptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle that We may reasonably request from time to time. - You will immediately notify Us if You change Your name or address. Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund credit of part of the pre-computed finance charge. This credit will be calculated in accordance with the actuarial method. We will apply the credit to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We will refund it to You. We will retain a $15.00 acquisition fee before calculating any refund credit as permitted by law. We will not credit or refund amounts less than $1.00, if permitted by applicable law. If You prepay only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account balance, however a prepayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obligation under this Contract is paid in full. If You make a partial prepayment Your last payment or payments may be less than the scheduled amount due. a c ust a the ith our me ac to e must t nt of in ran this o not ve p ama r rs th , do no uy sical damage insurance wh covers re s in , may, e, buy insurance w covers on our in re . Any money e advance will be secured by the Vehicle. We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverage, We will let You know what type it is and the charge You must pay. The amount You must pay will be the premium for the insurance and a finance charge at the Annual Percentage Rate shown on this Contract. You agree to pay the amount and finance charge within 10 days or in equal instalments along with the payment shown on the Payment Schedule. If the Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or apply to Your account balance. If applied to Your account balance, the insurance settlement proceeds that do not pay Your obligation in full under this Contract will be applied as a partial payment. Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or warranty contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain refunds of unearned charges. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for required insurance is retumed to Us, it may be credited to Your account in accordance with the Prepayment section of this Contract or used to buy similar insurance which covers only our interest in the Vehicle. Any refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your account in accordance with the Prepayment section of this Contract. Default and Acceleration of the Contract. You will be in default if: - You fail to pay any amount due under this Contract when It is due. - You break any of Your other promises You made in this Contract - A proceeding in bankruptcy, receivership or insolvency is started by You or against You or Your property. If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice to You. unless We are required by law to provide You with such notice, and subject to any right You may have to reinstate the Contract. In figuring what You owe, We will give You a refund of part of the Finance Charge figured the same as if You had prepaid Your obligation under this Contract in full. NEWYORKCREDITACCEPTANCECORPORATION (11-16) 6 Buyer's Initials © 2012 - 2016 Credit Acceptance Corporation. Buyer's Initials AII Rights Reserved. PAGE 3 of 5 The original retail installmentcontractis assigned to Credit AcceptanceCorporation. This copy was created on 02/23/2017 FILED: BROOME COUNTY CLERK 08/16/2021 09:16 AM INDEX NO. EFCA2021002097 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 08/16/2021 Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS (cont.) Starter interruption Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/ or global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting and/or to locate the Vehicle when permissible law and the terms of this Contract allow Us to repossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure Your default in order to restart the Vehicle. You acknowledge that You have been provided with a toll free telephone number that You may call, no more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours. Refer to the terms and conditions of the Buyer's Disclosure for additional information on the Device. Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter Your property, or the property where the Vehicle is stored, so long as it is done peacefully and the law allows it. Any accessories, equipment or replacements will remain with the Vehicle. You hereby acknowledge and agree that any personal property contained within the Vehicle may be removed and held without liability to Us or our agent. It is Your responsibility to promptly and immediately contact Us to make arrangements for the return of Your personal property. You are responsible for paying all reasonable charges associated with the repossession. Getting the Vehicle Back After Repossession. If We repossess the Vehicle. You have the right to get it back (redeem). If We repossess the Vehicle solely as a result of Your failure to make a payment when it is due, You have the right to redeem the Vehicle by only paying all amounts past due including late charges and any expenses We incurred in retaking, holding, storing and preparing the Vehicle for sale. Your right to redeem tne Vehicle ends when We sell, lease, license or otherwise dispose of any or all of the Vehicle in its present condition or following any commercially reasonable preparation or processing. Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to Your last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period of time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt. The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale, processing and selling the Vehicle, and any attorney fees and court costs, if permitted by law, will be subtracted from the selling price. If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else. For example, We may be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle. If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask for it. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us. WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT. THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE MANUFACTURER OR ANY WARRANTIES REQ UIRED BY LAW, E.G. LEMON LAWS. Collection Costs. If We hire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attomey's fees not exceeding 15% of the amount due and payable under the Contract, and an court costs as permitted by law. E an n is c W or forcin out I exam nd t . t be in wn ng an signe by Us. oral changes are ng. any pa is not va . II other parts w remain en rcea e. Interest After Maturity. You further agree to pay Us a credit service charge at the Annual Percentage Rate stated on Page 1 of this Contract or at the highest rate permitted by applicable law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision, maturity means the earlier of the date Your final payment is due or the date We accelerate the Contract. Judgment Rate. Interest on any judgment awarded on this Contract will be at 9% or at the highest rate permitted by applicable law. Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on Page 1 of this Contract, except to the extent preempted by applicable federal law. NOTICÈ ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms and conditions set forth on Page 4 of this Contract. This assWéei is without recourse. You must make all future payments to: CREDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE M1LE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506. eller: JEFF KIES AUTO SALES INC gy Title: AGENT ASSIGNMENT FOR VALUE RECElVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to this Contract, and in and to the Vehicle described herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee"), its successors and assigns, pursuant to and in accordance with the terms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee ull power, either in Assignee's name or in Seller's name, to take all actions which Seller could have taken under this Contract. In order to induce ssignee to accept assignment of this Contract, Seller represents and warrants to Assignee as set forth,in the existing dealer agreement. NEWYORKCREDITACCEPTANCECORPORATION (11-16) © 2012 - 2016 Credit Acceptance Corporation. tb Buyer's Initials 7/Ø All Rights Reserved. PAGE 4 of 5 Buyer's Initials The original retail installmentcontract is assignedto Credit AcceptanceCorporation This copy was createdon 02/23/2017 FILED: BROOME COUNTY CLERK 08/16/2021 09:16 AM INDEX NO. EFCA2021002097 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 08/16/2021 Not required to mail or fax this copy to Credit Acceptance ARBITRATION CLAUSE This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of "We" "Us" one or more neutral persons, instead of having a trial in court in front of a judge and/or jury In this Arbitration Clause, and mean Seller and/or Seller's assignee (including, without limitation, Credit Acceptance Corporation) or flieir employees, assignees, or any third party providing any goods or services in connection with the origination, servicing and collection of amounts due under the Contract if such third party is named "You" "Your" as a party between You and Us. and means each Buyer named above. Your Right to Reject: If You don't want this Arbitration Clause to apply, You may reject it by mailing Us at P.O. Box 5070, Southfield, Michigan 48086-5070 a written rejection notice that describes the Contract and tells Us that You are rejecting this Arbitration Clause, A rejection notice is only effective if it is signed by all buyers, co-buyers and cosigners and the envelope tliat the rejection notice is sent in has a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration Clause, that will not affect any other provision of this Contract or the status of Your Contract. If You don't reject this Arbitration Clause, it will be effective as of the date of this Contract. "Dispute" A is any controversy or claim between You and Us arising out of or in any way related to this Contract, including, but not limited to, any default under this Contract, the collection of amounts due under this Contract, the purchase, "Dispute"sale, delivery, set-up, quality of the Vehicle, advertising for the Vehicle or its financing, or any product or service included in this Contract. shall have the broadest meaning possible, and includes contract claims, and claims "Dispute" based on tort, violations of laws, statutes, ordinances or regulations or any other legal or equitable theories. Notwithstanding the foregoing, does not include any individual action brought by You in small claims court or Your state's "Dispute" equivalent court, unless such action is transferred, removed or appealed to a different court. does not include any repossession of the Vehicle upon Your default and any exercise of the power of sale of the Vehicle under this Contract or any individual action by You to prevent Us "dispute" from using any such remedy, so long as such individual action does not involve a request for monetary relief of any kind. In addition, does not include disputes about the validity. enforceability, coverage or scope of this Arbitration Clause or any part thereof (including, without limitation. the Class Action Waiver described in the sixth paragraph of this Arbitration Clause, the last sentence of the seventh paragraph of this Arbitration Clause and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concems the validity or enforceability of the Contract as a whole is for the arbitrator, not a court, to decide. If a Dispute arises, the complaining party shall give the other party a written Dispute Notice and a reasonable opportunity, not less than 30 days, to resolve the Dispute. Any Dispute Notice to You will be sent in writing to the address on this Contract (or any updated address You subsequently provide to Us) Any Dispute Notice to Us must be sent by mail to Credit Acceptance. Attn Corporate I egal, 25505 West Twelve Mile Road, Suite 3000, Southfield, Michigan 48034-8339 (or any updated address We subsequently provide to You). Any Dispute Notice You send must give Your Account Number, telephone number and address. Any Dispute Notice must explain the nature of the Dispute and the relief that is demanded. The complaining party must reasonably cooperate in providing any information about the Dispute that the other party reasonably requests. Either You or We may require any Dispute to be arbitrated and may do so before or after a lawsuit has been started over the Dispute or with respect to other Disputes or counterclaims brought later in the lawsuit. If You or We elect to arbitrate a Dispute, this Arbitration Clause applies. A Dispute shall be fully resolved by binding arbitration. Judgment on the arbitration award may be entered in any court with jurisdiction. AII statutes of limitation that otherwise would apply to an action brought in court will apply in arbitration. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply if the action were pending in court, including, without limitation. punitive damages (which shall attorneys' be governed by the Constitutional standards employed by the courts) and fees and costs. If You or We elect to arbitrate a Dispute, neither You nor We will have the right to pursue that Dispute in court or have a jury resolve that dispute. In addition, if You or We elect to arbitrate a Dispute, (a) neither You nor We may participate in a class action in court or in a class-wide arbitration, either as a plaintiff, defendant or class member; (b) neither You nor We may act as a pnvate attorney general in court or in arbitration; (c) Disputes brought by or a ainst You ma not be joined or consolidated with Dis utes brought by or against any other person; and d) the arbitrator shall have e t e n Notwithstanding the foregoing, We retain the right to repossess the Vehicle upon Your default and to exercise any power of sale under this Contract. If any provision of this Arbitration Clause other than the Class Action Waiver is invalid or unenforceable under the Federal Arbitration Act or any other applicable law, the invalid or unenforceable provision shall be inapplicable and deemed omitted, but shall not invalidate the rest parties' of this Arbitration Clause, and shall not diminish the obligation to arbitrate Disputes subject to this Arbitration Clause. In the event that the Class Action Waiver is determined to be invalid or unenforceable, then, subject to the right to appeal such a ruling, this entire Arbitration Clause (except for this sentence) shall be null and void. Whoever first elects arbitration may choose to arbitrate under the rules and procedures of either JAMS or the American Arbitration Association; however in the event of a conflict between these rules and procedures and the provisions of this Arbitration Clause, You and We agree that this Arbitration Clause govems for that specific conflict. You may obtain the rules and procedures, information on fees and costs (including waiver of the fees), and other materials, and may file a claim by contacting the organization of Your choice. The addresses and websites of the organizations are: JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com ; and American Arbitration Association, 335 Madison Avenue, Floor