As used in the Arbitration Provision, the terms
we and us shall for all purposes mean
the Bank, wholly or majority owned subsidiaries, affiliates,
licensees, predecessors, successors, and assigns; and all of
their agents, employees, directors and representatives. In
addition, we or us shall include any
third party using or providing any product, service or benefit
in connection with any Cards (including, but not limited to
merchants who accept the Card, third parties who use or provide
services, debt collectors and all of their agents, employees,
directors and representatives) if, and only if, such third
party is named as a co-party with us (or files a Claim with or
against us) in connection with a Claim asserted by you. As
solely used in this Arbitration Provision, the terms
you or yours shall mean all persons or
entities approved by us to have and/or use a Card, including
but not limited to all persons or entities contractually
obligated under any of the Agreements and all Additional
Cardholders. private equity fund of funds
(c) Initiation of Arbitration Proceeding/Selection of
Administrator: Any Claim shall be resolved, upon the election
by you or us, by arbitration pursuant to this Arbitration
Provision and the code of procedures of the national
arbitration organization to which the Claim is referred in
effect at the time the Claim is filed. Claims shall be referred
to either the National Arbitration Forum ( NAF ),
Judicial Arbitration and Mediation Services ( JAMS ),
or the American Arbitration Association ( AAA ), as
selected by the party electing to use arbitration. If a
selection by us of one of these organizations is unacceptable
to you, you shall have the right within 30 days after you
receive notice of our election to select either of the other
organizations listed to serve as arbitrator administrator. For
a copy of the procedures, to file a Claim or for other
information about these organizations, contact them as follows:
(i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; (ii) JAMS
at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website
at www.jamsadr.com; (iii) AAA at 335 Madison
Avenue, New York, NY 10017; website at
www.adr.org. curve equity exposed fund
(d) Significance of Arbitration: IF ARBITARTION IS CHOSEN BY
ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE
THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL
ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR
IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS
APPLICABLE (THE CODE ). FURTHER, YOU WILL NOT HAVE
THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING OT ANY CLAIM
SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE
ARBITRATOR S DECISION WILL BE FINAL AND BINDING. NOTE THAT
OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY
NOT BE AVAILABLE IN ARBITRATION. equity income funds
(e) Restrictions on Arbitration: If either party elects to
resolve a Claim by arbitration, that Claim shall be arbitrated
on an individual basis. There shall be no right or authority
for any Claims to be arbitrated on a class action basis or on
bases involving Claims brought in a purported representative
capacity on behalf of the general public, other Cardholders or
other persons similarly situated. The arbitrator s
authority to resolve Claims is limited to Claims between you
and us alone, and the arbitrator s authority to make awards
is limited to you and us alone. Furthermore, Claims brought by
you against us or by us against you may not be joined or
consolidated in arbitration with Claims brought by or against
someone other than you, unless otherwise agreed to in writing
by all parties. capital casebook equity
(f) Location of Arbitration/Payment of Fees: Any arbitration
hearing that you attend shall take place in the federal
judicial district of your residence. At your written request,
we will consider in good faith making a temporary advance of
all or part of the filing administrative and/or hearing fees
for any Claim you initiate as to which you or we seek
arbitration. At the conclusion of the arbitration (or any
appeal thereof), the arbitrator (or panel) will decide who will
ultimately be responsible for paying the filing, administrative
and/or hearing fees in connection with the arbitration (or
appeal). If and to the extent you incur filing, administrative
and/or hearing fees in arbitration, including for any appeal,
exceeding the amount they would have been if the Claim had been
brought in the state or federal court which is closest to your
billing address an would have had jurisdiction over the Claim,
we will reimburse you to that extent unless the arbitrator (or
panel) determines that the fees were incurred without any
substantial justification. private investment in public
(g) Arbitration Procedures: This Arbitration Provision is
made pursuant to a transaction involving interstate commerce,
and shall be governed by the Federal Arbitration Act, 9 U.S.C.
Sections 1-16, as it may be amended (the FAA ). The
arbitration shall be governed by the applicable Code, except
that (to the extent enforceable under the FAA) this arbitration
Provision shall control if it is inconsistent with the
applicable Code. The arbitrator shall apply applicable
substantive law consistent with the FAA and applicable status
of limitations and shall honor claims of privilege recognized
at law and, at the timely request of either party, shall
provide a brief written explanation of the basis for the
decision. In conducting the arbitration proceeding, the
arbitrator shall not apply the Federal or any state rules of
civil procedure or rules of evidence. Either party may submit a
request to the arbitrator to expand the scope of discovery
allowable under the applicable Code. The party submitting such
a request must provide a copy to the other party, who may
submit objections to the arbitrator with a copy of the
objections provided to the request party, within fifteen (15)
days of receiving the requesting party s notice. The
granting or denial of such request will be in the sole
discretion of the arbitrator who shall notify the parties of
his/her decision with in twenty (20) days of the objecting
party s submission. The arbitrator shall take reasonable
steps to preserve the privacy of individuals, and of business
matters. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction. The
arbitrator s decision will be final and binding, except for
any right of appeal provided by the FAA. However, any party can
appeal that award to a three-arbitrator panel administered by
the same arbitration organization, which shall consider anew
any aspect of the initial award objected to by the appealing
party. The appealing party shall have thirty (30) days from the
date of entry of the written arbitration award to notify the
arbitration organization that it is exercising the right of
appeal. The appeal shall be filed with the arbitration
organization in the form of a dated writing. The arbitration
organization will then notify the other party that the award
has been appealed. The arbitration organization will appoint a
three-arbitrator panel which will conduct an arbitration
pursuant to its Code and issue its decision within one hundred
and twenty (120) days of the date of the appellant s
written notice. The decision of the panel shall be by majority
vote and shall be final and binding. equity mutual funds
(h) Continuation: This Arbitration Provision shall survive
termination of your Card as well as voluntary payment of the
debt in full by you, any legal proceeding by us to collect a
debt owed by you, and any bankruptcy by you or us. If any
portion of this Arbitration Provision is deemed invalid or
unenforceable under any principle or provision of law or
equity, consistent with the FAA, it shall not invalidate the
remaining portions of this Arbitration Provision, the Agreement
or any prior agreement you may have had with us, each of which
shall be enforceable regardless of such invalidity. birmingham contact equity
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Board of Directors
AccountNow board members are experienced financial service
and payment systems leaders. Our board helps guide our future
strategy and initiatives. Tim Coltrell, Chief Executive Officer
The visionary leader of AccountNow with more than 22 years of
financial services industry experience, Tim Coltrell has served
as the Company CEO since its inception in 2004. During his
tenure, Tim raised three rounds of capital totaling $21
million, while establishing the company as one of the premier
providers of financial services to good people who have been
turned away by traditional banking institutions. private equity jobs
Prior to starting AccountNow, Tim was one of the founders of
the credit card company NextCard. Serving as Chief Operations
Officer, Tim scaled operations to support company growth from
start-up to over 1, 200 employees in three years. equity investment strategy
Tim also was President and CEO of GE Capital Consumer Card
Company, where he headed operations for Consumer Financial
Services, a credit card division of GE Capital. Prior to
joining GE, Tim held numerous roles across the operations group
at Providian. He began his career at Citicorp as a manager of a
collections group. education equity investment
Tim has a BA in Social Ecology and an MBA with an emphasis
in Technology and Entrepreneurship from the University of
California, Irvine. Shailesh Mehta, Chairman of the Board Dr.
Mehta is president and CEO of Granite Hill Capital Ventures as
well as chairman of Peach Direct, a private label credit card
company. He was previously chairman of the board and CEO of
Providian Financial Corporation, an S P500 company. Dr.
Mehta is a trustee of Cal State University. Known for his
philanthropic activities, he formed the Shailesh J. Mehta and
Kalpa S. Mehta Charitable Foundation, which has given millions
in grants to various institutions. Dr. Mehta advises Beganto on
matters of network marketing and peer-to-peer adoption. private equity company
James A. Hale Jamie Hale is a Partner of Oak Hill Investment
Management and concentrates his efforts on private equity
manager selection, secondaries, and direct investments. During
his tenure at Oak Hill, Jamie has played a key role in the
establishment of OHIM secondary investment activities. Prior to
joining OHIM, Jamie was a Principal in Oak Hill direct venture
practice and an investment banker at Lazard Freres Co.
Jamie holds a B.A. in Economics and Government from Bowdoin
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Christopher P. (Woody) Marshall Woody Marshall joined
Trident Capital in 1996 as a Principal and has been a Managing
Director since 1998. In this role, he focuses on the payments,
internet and communications technology markets. From 1992 to
1994, he was an Associate with the Leveraged Capital Group of
Banque Paribas. Earlier in his career, Woody was a Financial
Analyst in the Corporate Finance department of Chase Manhattan
Bank, where he specialized in merchant banking
transactions. contact equity private quebec
Woody s current directorships include AccountNow,
Advanced Payment Solutions, Arantech, Bytemobile, eGistics,
Merchant eSolutions, MegaPath, and Xata Corporation (XATA). He
is also responsible for investment oversight on AirTight
Networks, Kayak.com, mBlox and Sabre Holdings. home equity investment
Woody s past investments include American Cellular
(acquired by AT T/Dobson), CommSite International (acquired
by American Tower), bamboo.com (acquired by Internet Pictures
(IPIX)), Internet Securities (acquired by Euromoney),
MapQuest.com, Inc. (MQST) (acquired by AOL) and SideStep
(acquired by Kayak.com). dimension equity in private
Woody earned his B.A. from Hamilton College and his M.B.A.
from the J.L. Kellogg Graduate School of Management at
Northwestern University. Stephen B. Galasso Mr. Galasso has an
extensive financial services background. Since early 2005 Mr.
Galasso has been strategic advisor and independent board
director to Advanced Payment Solutions, an early stage company
that launched the UK s first prepaid bankcard. Prior to
joining Advanced Payment Solutions, Mr. Galasso was Chairman
and CEO of NetSpend Corporation, a US prepaid payment solutions
company. Under Steve s leadership NetSpend grew from less
than $1 million in revenues in 2001 to over $40 million in
forward revenues in 2004. The company won the Portfolio Company
of the Year award in 2003 from the National Association of
Small Business Investment Companies (NASBIC). It is one of the
largest and fastest growing prepaid companies in the world. The
company was sold in 2004. credit equity home investment
Mr. Galasso was also formerly the President and CEO of
Universal Value Network, a payment card and data management
company, which he was instrumental in selling in 2000. Prior to
that venture, Mr. Galasso was the President and CEO of Bank of
America s credit card company. He grew that company to be
Visa s fifth largest issuer worldwide. Prior to Bank of
America, Mr. Galasso was Vice President and Marketing Director
of Communications, Strategic Planning and New Products for
Citibank, Visa and MasterCard products. private equity investor
Mr. Galasso earned his B.S. degree in Marketing from Fordham
University and an M.B.A. from Fordham University Graduate
School of Business in New York. Esfandiar Lohrasbpour Esfandiar
heads INVESCO Private Capital s office in Palo Alto,
California. His focus is technology investments. Since joining
the group in 1998, he has led INVESCO s investments in ONI
Systems, Endwave, Fastparts, Integrated MicroMachines and
Sigmatel. He is a member of the Board of Directors of Endwave
(now public), Integrated MicroMachines and Fastparts. equity guarantee insurance
Esfandiar began his career in 1982 as a member of the
AT T s Technical Staff in Bell Labs s semiconductor
devices area. He later joined the CFO Group at Corporate
Headquarters, helping to integrate the MicroElectronics
Division s business plan into the total AT T business
plan. In 1987, as CFO and Director of Operations, he co-founded
a startup called Pixel Machines, a hardware plus software
company in the image processing and 3D graphics business. private equity analyst
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