NOTICES AND DISCLOSURES
NOTICE: American Web Loan (“Lender,” “we,” or “us”) adheres to the USA PATRIOT Act and Lender is required by law to adopt procedures to request and retain in our records information necessary to verify your identity. You consent to these procedures.
NOTICE: LENDER IS AN ARM OF THE OTOE-MISSOURIA TRIBE OF INDIANS (“TRIBE”), IT IS A COMMERCIAL ENTITY FORMED PURSUANT TO TRIBAL LAW, IT IS OWNED AND OPERATED BY THE TRIBE AND IT FUNCTIONS AS A NON-PROFIT COMMERCIAL ENTITY OF THE TRIBE, FORMED FOR THE EXPRESS PURPOSE OF ECONOMIC DEVELOPMENT. BOTH THE LENDER AND THE TRIBE ARE IMMUNE FROM SUIT IN ANY COURT UNLESS THE TRIBE, THROUGH ITS TRIBAL COUNCIL, EXPRESSLY WAIVES THAT IMMUNITY THROUGH A FORMAL, WRITTEN RESOLUTION OF THE TRIBE’S TRIBAL COUNCIL. THE LENDER IS REGULATED BY THE TRIBE’S CONSUMER FINANCE SERVICES REGULATORY COMMISSION (THE “COMMISSION”). YOUR RIGHT TO SUBMIT COMPLAINTS IS LIMITED TO THE DISPUTE RESOLUTION PROCESS SET FORTH YOUR SIGNED LOAN AGREEMENT AND TO THE COMMISSION IN ACCORDANCE WITH THE TRIBE’S CONSUMER LENDING CODE AND ACCOMPANYING REGULATIONS, IF ANY.
NOTICE: YOU AGREE THAT IF YOUR APPLICATION IS APPROVED AND LENDER FUNDS YOUR LOAN, YOUR LOAN IS MADE WITHIN THE TRIBE’S JURISDICTION AND IS SUBJECT TO AND GOVERNED BY TRIBAL LAW AND NOT THE LAW OF YOUR RESIDENT STATE. IN MAKING A LOAN TO YOU, YOU CONSENT TO TRIBAL JURISDICTION FOR THIS LOAN. YOUR RESIDENT STATE LAW MAY HAVE INTEREST RATE LIMITS AND OTHER CONSUMER PROTECTION PROVISIONS THAT ARE MORE FAVORABLE. IF YOU WISH TO HAVE YOUR RESIDENT STATE LAW APPLY TO ANY LOAN THAT YOU TAKE OUT, YOU SHOULD CONSIDER TAKING A LOAN FROM A LICENSED LENDER IN YOUR STATE. IN ANY EVENT, YOU SHOULD CAREFULLY EVALUATE YOUR FINANCIAL OPTIONS BEFORE TAKING OUT A LOAN. LOANS PROVIDED BY LENDER HAVE A HIGH INTEREST RATE AND ARE NOT INTENDED TO PROVIDE A SOLUTION FOR LONGER TERM CREDIT OR OTHER FINANCIAL NEEDS. ALTERNATIVE FORMS OF CREDIT MAY BE LESS EXPENSIVE AND MORE SUITABLE FOR YOUR FINANCIAL NEEDS. PLEASE CONSIDER YOUR ABILITY TO REPAY THE LOAN. IF YOU ARE HAVING FINANCIAL DIFFICULTIES, YOU SHOULD SEEK THE ASSISTANCE OF FINANCIAL COUNSELORS. BEFORE OBTAINING A LOAN FROM LENDER, PLEASE CAREFULLY READ ITS TERMS. YOUR SUBMISSION OF THIS APPLICATION WILL BE DEEMED AS PROOF THAT YOU HAVE READ AND APPROVE OF THESE TERMS, INCLUDING CONSENTING TO TRIBAL JURISDICTION, YOU HAVE PROVIDED THE LENDER WITH THE MOST CURRENT AND ACCURATE EMPLOYMENT, CREDIT, INCOME, AND ASSET HISTORY REQUIRED FOR LENDER TO ASSESS YOUR ELIGIBILITY AND CREDITWORTHINESS, AND AFFIRMATIVELY ACKNOWLEDGE THAT YOU ARE ABLE TO REPAY THE LOAN ACCORDING TO THE TERMS OF YOUR LOAN AGREEMENT.
DOCUMENTATION AND ELECTRONIC SIGNATURES
You and Lender intend that the federal Electronic Signatures in Global and National Commerce Act will apply to (i) your consent to receive documents in electronic form, (ii) any agreements between you and us, and (iii) our ability to conduct business with you by electronic means. Therefore, you must consent to receive and sign documents electronically. If your loan application is approved, you will be asked to electronically sign your loan documents by clicking on a signature button. When you do that, you again will be certifying that you agree to receive disclosures electronically.
CONSENT TO ELECTRONIC DELIVERY OF DISCLOSURES
By agreeing to these Notices and Disclosures you are consenting to the electronic delivery of disclosures, you agree that we may provide electronically any and all communications regarding the Loan (the “Disclosures”). This consent does not apply to any future loans that may occur between us.
PAPER COPIES OF DISCLOSURES
To obtain a Loan from us, you must agree to receive all information and disclosures regarding your loan electronically. You agree to print out, download or otherwise store the Disclosures and other communications to keep for your records. If you consent to the electronic delivery of Disclosures, you may also receive a paper copy of any Disclosure provided to you electronically by writing us at 2128 N. 14th St. Suite 1 #130, Ponca City, Oklahoma 74601. There is no fee for the paper copy.
WITHDRAWING CONSENT TO ELECTRONIC DELIVERY
You may withdraw your consent to receive disclosures electronically by sending us your request in writing to: customerservice@americanwebloan.com. If you decide to withdraw your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected.
HARDWARE AND SOFTWARE REQUIREMENTS
You must use a computer processor (CPU), monitor, and modem with ISP access to the internet or direct-dial up accessibility and a printer capable of printing text screens or hard drive capable of storing data. In addition, you must use an Internet browser software that supports 128-bit encryption.
If you want to review additional information on the requirements for using this software and associated hardware requirements, go to www.microsoft.com.
Because we may deliver Disclosures to you or otherwise communicate with you using e-mail, you must be able to send e-mail and receive e-mail that contains hyperlinks to websites.
PROCEDURES TO UPDATE EMAIL ADDRESS
If you provide us with an email address, you may notify us of changes in such address by writing us at customerservice@americanwebloan.com.
CONSENT AND ACKNOWLEDGEMENT
By accepting the terms of these Notices and Disclosures, you acknowledge and agree that:
- You have read the information about the use of electronic records to provide Disclosures and other communications, and the use of electronic signatures in connection with your Loan;
- You consent to the use of electronic records to provide Disclosures and electronic signatures in connection with your Loan in place of written documents and handwritten signatures;
- You are able to view this consent. You are also able to download and review files within a web browser
- You have an account with an Internet service provider and you are able to send e-mail and receive e-mail with hyperlinks to websites; and
- You acknowledge and agree that acceptance of this Notice and Consent Regarding Electronic Delivery of Disclosures inures to the benefit of American Web Loan, Inc. its affiliates, agents, employees, successors, and assigns.