End User License Agreement

The AWL, Inc. ("AWL") Mobile Application Software ("Application") is licensed to you for use only under the terms of this AWL Mobile Application Software End User License Agreement ("EULA") and the Terms of Use as modified from time to time found at https://www.americanwebloan.com/eula ("Terms of Use"). AWL, a wholly-owned tribal corporation organized and existing under the laws of the Otoe-Missouria Tribe of Indians, a federally recognized Indian tribe and sovereign nation located within the United States of America (the "Tribe"), reserves all rights not expressly granted to the person who downloads and uses the Application ("You"). This Application is available only to individuals aged 18 years or older.

  1. Scope of License

    This license granted to you for the Application by AWL is limited to a non-transferable license to use the Application on any mobile device that you own or control and as permitted by the App or Play Store Product Usage Rules set forth in their respective App Store Terms and Conditions (the "Usage Rules"). This license does not allow You to use the Application on any mobile device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. The Application is owned by AWL, its licensors or its suppliers and protected by copyright laws and international treaties. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application). Any attempt to do so is a violation of the rights of the AWL and its licensors. If You breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by AWL that replace and/or supplement the original Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  2. Privacy Policy

    Consent to Use of Data: For information about AWL's data protection and collection practices, please read AWL's Privacy Policy at https://www.americanwebloan.com/privacy-policy, which is incorporated herein by reference. You agree to AWL's use of Your data in accordance with the Privacy Policy. You further agree that AWL may collect and use technical data and related information, including but not limited to non-personally identifiable usage data and technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. AWL may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

  3. Application Features

    The Application may contain features that enable AWL, via the internet, to notify you of available software upgrades, promotions, products, and services in which You may be interested, and to update product data files and instructional and marketing content in the Application. You agree that AWL may utilize these features to provide such notices and updates, permit such downloads and to collect such data unless You have elected to deactivate the features in the Application.

  4. Termination

    The license granted pursuant to this Agreement is effective until terminated by You or AWL. Your rights under this Agreement will terminate automatically without notice from the AWL if You fail to comply with any term(s) of this Agreement or the Terms of Use. Upon termination of the license granted pursuant to this Agreement, you shall cease all use of the Application, and erase or destroy all copies, full or partial, of the Application.

  5. Services; Third Party Materials

    The Application may enable access to AWL and third-party services and websites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service or use.

    You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the AWL is not liable to You for content that may be found to be offensive, indecent, or objectionable.

    Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third-party websites. By using the Services, You acknowledge and agree that the AWL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The AWL does not warrant or endorse and does not assume and is not responsible or liable to You or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the AWL, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

    You agree that the Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for a permitted use under the applicable terms of service or use. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. AWL is not in any way responsible or liable for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

    In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPod touch or iPad are not available in all languages or in all countries. AWL makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own risk and are solely responsible for compliance with any applicable international, federal, state, and local laws. AWL and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice or liability. In no event will AWL be liable for the removal of or disabling of access to any such Services. AWL may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.

  6. Compliance with Laws and Terms

    You agree to comply with all applicable international, federal, tribal, state and local laws in connection with the use of the Application. The form and content of pictures, text or other material that You transmit or create products from are governed by applicable international, federal, tribal, state and local laws (such as, those prohibiting child abuse, child pornography, copyright infringement, or invasion of privacy). If You use the Application to transmit material to AWL, its affiliates, or any third party, You must comply with the relevant terms of service. You may not use the Application to transmit to AWL, its affiliates, or any third parties any pictures, text or other material that is unlawful, whether a violation of civil rights (such as libel) or criminal law (such as obscenity), or that fosters hatred of any race, religion, ethnicity, age group, gender or sexuality.

  7. Your Representations and Warranties

    You represent and warrant that You possess the legal right and ability to agree to this Agreement and that all information or material that You transmit through the Application is owned by You, is true, accurate and current. You agree that You will not: (i) transmit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have written permission from their rightful owner to post the material and to grant the right to use such materials as provided in this Agreement; (ii) submit any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person; and (v) transmit worms, viruses or other malicious codes.

  8. Data collection and Storage

    In an effort to improve the AWL Mobile App, we may record user sessions via video and by other means, as well as by utilizing third party vendors. Video recording is done on a background thread to maintain the responsiveness of the app. Recordings are uploaded when the app goes into the background to ensure no impact is made on the bandwidth of the app. Our recordings will exclude any Personally Identifiable Information (PII) of the user. Data is encrypted at rest using AES-256 encryption algorithm. Data is encrypted end-to-end between the user's device and AWS and Google Cloud platform using SSL.

    Every protected object is encrypted with a unique encryption key. This object key itself is then encrypted with a regularly rotated master key. Additional security is provided by storing the encrypted data and encryption keys in different hosts.

    All data collected is physically hosted with Amazon Web Services and Google Cloud in their data center in North Virginia USA.

    Instances running on the same physical machine are isolated from each other via the Xen hypervisor (AWS) and KVM hypervisor (Google Cloud).

  9. In addition, the AWS firewall and Google Compute firewall resides within the hypervisor layer, between the physical network interface and the instance's virtual interface. All packets must pass through this layer, thus an instance's neighbors have no more access to that instance than any other host on the Internet and can be treated as if they are on separate physical hosts. The physical RAM is separated using similar mechanisms.

  10. DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO, THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AWL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AWL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AWL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  11. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AWL BE LIABLE FOR PROPERTY DAMAGE OR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT, SHALL AWL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  12. Indemnity

    You agree to defend, indemnify, and hold harmless AWL and affiliates and all of their respective employees, agents, directors, officers, shareholders, managers, members, partners, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by You of this Agreement.

  13. Miscellaneous
    1. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
    2. The Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
    3. The Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
    4. You may not assign this Agreement or any of its rights or obligations hereunder. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
    5. To the extent permitted by applicable law, You hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
  14. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the Tribe, regardless of the laws that might otherwise govern under applicable principles of conflicts of law.