By completing the Application Enrollment Form and Agreement ("Agreement"), you hereby authorize and request Icon Advantage Resources, Inc. ("we" or "us") to attempt to have an FDIC-insured financial institution ("Bank") establish a non-interest bearing Bank account in your name ("Account") to receive electronic deposits ("Direct Deposit") of benefits, payroll earnings and any other such funds being paid to you by government agencies, businesses or other sources of revenue ("DDP Originators"). Your account will not be established until a Bank accepts and approves your Application.
By entering your Social Security Number, date of birth and government issued identification number (driver's license or other); you consent to allow us to share your Social Security Number and other information with Banks who may evaluate your Application.
We are a financial matching service - matching individuals with prospective account products. In order to get you approved, your information may be placed with more than one Bank. We are not a financial institution. We will review your information and in our sole discretion, may submit your Application to one or more Banks for acceptance. If your application is accepted, an account will be established by a Bank for you and its terms, conditions and fees will be delivered to you by mail. You, the applicant, by using this bank account or its associated debit card, are acknowledging receipt of all the terms, conditions and fees for that account and agree to those terms, conditions and fees.
You hereby appoint us to act as your agent and grant us permission to forward the necessary information to the applicable DDP Originator(s) to establish and maintain the Direct Deposit designation to your Account. You also agree to the following statement: "I authorize Icon Advantage Resources, Inc. and its agents to view my account information on an as needed basis for the express purpose of determining the availability of funds and resolve questions regarding my account. This authority will remain in force until revoked in writing by me."
Tax Payer I.D. Number - Tax Payer Identification number shown in the application is your correct social security number. In order to fight identity theft you also authorize the Bank or Icon Advantage Resources, Inc. to verify credit and employment history and/or have a credit reporting agency prepare a credit report on the undersigned individuals.
The USA PATRIOT Act is a Federal Law that requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. You will be asked to provide your name, address, date of birth, and other information that will allow us to identify you. You may also be asked to provide additional documentation as proof of identification. Account opening & approval is contingent upon successfully passing this mandatory identification confirmation.
Arbitration:
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES, WITH THE SPECIFIC EXCEPTION STATED BELOW, THAT ANY DISPUTE MUST BE RESOLVED BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND THE ICON ADVANTAGE RESOURCES, INC MIGHT OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL AND TO CERTAIN TYPES OF DISCOVERY, MAY BE MORE LIMITED OR MAY ALSO BE WAIVED.
Either you or the Icon Advantage Resources, Inc may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy raised by either you or the Icon Advantage Resources, Inc against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, heirs, agents or assigns of the other, arising from or relating in any way to this Agreement, any prior account agreement between you and the Icon Advantage Resources, Inc, or the advertising, the application for, or the approval of your Account (the "Claim" or "Claims"). All Claims originating from or relating to this Agreement are subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law, or any request for equitable relief.
Claims subject to arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and any party to a proceeding in court may elect arbitration with respect to any Claims advanced in the lawsuit by any party or parties.
As an exception to this arbitration provision, you retain the right to pursue in a small claims court, any Claim that is within that court's jurisdiction and proceed on an individual basis. If you or the Icon Advantage Resources, Inc elects to arbitrate a Claim, the arbitration will be conducted as an individual action.
Neither you nor the Icon Advantage Resources, Inc consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with any arbitration on a class or representative basis. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general or other representative action, which Claims hereby are made subject to arbitration on an individual (non-class, non-representative) basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private attorney general action, is filed, any Claim between you and the Icon Advantage Resources, Inc related to this Agreement raised in such lawsuits will be subject to an individual arbitration Claim if either you or the Icon Advantage Resources, Inc so elects. The party filing a Claim in arbitration must select either one of two national arbitration administrators: the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"). The arbitration organization that is selected will apply its code or procedures in effect at the time the arbitration claim is filed, unless any portion of that code or those procedures is inconsistent with any specific terms of this arbitration provision and/or this Agreement, in which case this arbitration provision and this Agreement shall prevail.
The arbitration will be conducted before a single arbitrator. The arbitrator will apply applicable substantive law, including but not limited to the applicable Uniform Commercial Code, consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA") and the applicable statute of limitations or condition precedent to suit, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator's authority is limited solely to the Claim(s) between you and the Icon Advantage Resources, Inc alone. The arbitration may not be consolidated with any other arbitration proceeding. You and the Icon Advantage Resources, Inc do not agree to any arbitration on any basis to which any party other than you and the Icon Advantage Resources, Inc, the related parties enumerated above such as heirs, successors and assigns, or any other person obligated on the Account, is involved.
Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization.
The panel will reconsider all factual and legal issues anew, follow the same rules and laws that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of $500. If there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first two days of that hearing. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration. All other fees, including attorneys' fees, will be allocated in keeping with the rules of the arbitration administrator. Any decision rendered in such arbitration proceeding swill be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Rules and forms may be obtained from, and Claims may be filed with, either of the two organizations, as follows: the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405, web site at www.arb-forum.com; or the AAA at 335 Madison Avenue, Floor 10, New York, New York 10017, web site at www.adr.org. Any arbitration hearing at which you wish to appear will take place at a location within the federal judicial district that includes your address at the time the Claim is filed.
This arbitration provision is part of and constitutes a transaction involving interstate commerce, and shall be governed by the FAA.
This arbitration provision applies to all Claims relating to your Account that arose in the past, which may presently be in existence, or which may arise in the future. This arbitration provision shall survive termination of your Account as well as voluntary payment of any outstanding indebtedness in full by you, or any bankruptcy by you. If we assign your Account to any unaffiliated third party, this arbitration provision will apply to any Claim between you and that third party if you or that third party chooses arbitration, or to any Claim between you and the Icon Advantage Resources, Inc which occurred prior to such assignment or arises from such assignment.
© ICON Advantage Resources Inc. 2007