PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. THESE TERMS ARE SUBJECT TO CHANGE, AND CHANGES WILL BE POSTED TO OUR WEBSITE AND OUR MOBILE APP FROM TIME TO TIME.
General Scope of License
The Mobile Application software, and any third-party software, documentation, interfaces, fonts, and any data accompanying the License whether in read only memory, on any other media or in any other form (collectively, the "Mobile App") are licensed, not sold, to you by AWL, Inc. ("AWL") for use only under the terms of the License. AWL is a tribal lending entity organized and existing under the laws of the Otoe-Missouria Tribe of Indians, a federally recognized Indian tribe and Sovereign Nation (the "Tribe"), and is wholly owned and operated by the Tribe.
The Mobile App and any of the Services (defined in paragraph 6 below) are provided expressly subject to the terms and conditions of the License. By installing, using or accessing the Mobile App, you acknowledge that you have read, understand, and agree to be bound by the terms of the License. AWL and/or its licensors retain ownership of the Mobile App itself and reserve all rights not expressly granted to you under the License.
If any provision contained in the License conflicts with a provision contained in another agreement that you enter into with AWL or related to the Services, the provision of the other agreement shall govern with respect that specific Service or Services.
AWL, at its discretion, may make available future upgrades or updates to the Mobile App for your compatible device. The Mobile App upgrades and updates, if any, may not necessarily include all existing software features. The terms of the License will govern any software upgrades or updates provided by AWL to the original Mobile App software unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern that upgrade or update.
PERMITTED LICENSE USES AND RESTRICTIONS
Subject to the terms and conditions of the License 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"), you are granted a limited, non-transferable, non-exclusive license to install and use the Mobile App on any mobile device that you own or control. You are not permitted to use the Mobile App on a mobile device that you do not own or control, and you may not distribute or make the Mobile App available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Mobile App. 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 Mobile App, 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 Mobile App). 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.
CONSENT TO USE OF DATA
You further agree that AWL may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your mobile device, computer, system and application software and peripherals, that is gathered periodically to improve AWL's products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Mobile App, and to verify compliance with the terms of the License. AWL may use this information for the reasons provided, as long as it is in a form that does not personally identify you.
MOBILE APP FEATURES
The Mobile App may contain functionalities and features that, for example, may permit you to access and review account information, make additional payments to your account, apply for a loan (where eligible), review your loan agreement and review other related documents. Some functionalities and features may collect or request information from you as a condition of access or use. You authorize AWL to verify any information you may provide to it through the Mobile App. Verification may be ongoing and may require AWL to obtain from and share information about you with consumer reporting agencies and other sources to include, without limitation, information pertaining to your identity (including digital identity), IP geo-location, employment, income, assets and debts, payment history, and collection activity. You understand that loan processing and provision of any Services may be conditioned on obtaining verification to AWL's satisfaction and at its sole discretion.
Additionally, the Mobile App may allow AWL to notify you of available software upgrades, promotions, products, and services of which you may be interested, and to update data files and instructional and marketing content in the Mobile App. You agree that AWL may use these features to provide such notices and updates, permit such downloads and to collect such data unless, you have elected, where possible, to deactivate the features in the Mobile App.
This License is effective until terminated by you or AWL. Your rights under the License will terminate automatically without notice from AWL if you fail to comply with any term(s) of the License. Upon termination of the License, you must cease all use of the Mobile App, and erase or destroy all copies, full or partial, of the Mobile App. Sections 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the License will survive any termination.
SERVICES; THIRD PARTY MATERIALS
The Mobile App may enable access to AWL and third-party services and websites (collectively and individually, "Services"). Use of the Services may require you to have Internet access and for you to 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. 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.
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.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from smartphones or other mobile devices 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 all applicable 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.
CONSENT TO CONDUCT BUSINESS ELECTONICALLY
Because AWL operates its platform online and conducts its business solely through the Internet, including through the Mobile App, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services ("Communications") electronically to transact business with us. This section informs you of your rights when receiving Communications electronically through the Mobile App.
Electronic Communications. You agree that AWL, its agents and representatives, may provide all Communications to you electronically. You agree to print out, download or otherwise store the Communications to keep for your records. You also agree all such Communications are electronic records and that, as such, they may be transferred, authenticated, stored, and transmitted by electronic means. You may still request a paper copy of any Communication by following the procedure outlined below.
Hardware and Software Requirements. In order to receive Communications electronically, you must have the following: (1) access to the Internet; (2) an active email account; (3) software capable of receiving email through the Internet; (4) supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and (5) hardware capable of running this software. To ensure access and optimal printing of your loan documents in PDF format, you must have Adobe Reader. To install the free version of Adobe Reader, click here.
Additional Mobile Technology Requirements. If you access our Site and Communications electronically via a mobile device (such as a smart phone or tablet) or if you download and use our Mobile App, then in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
Requesting a Paper Copy. You may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you. To request paper copies, you must send an e-mail to firstname.lastname@example.org with the subject line "Paper Copy Request" and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number. You may also submit your request by mail to AWL, Inc., 2128 N. 14th Street, Suite 1, # 130, Ponca City, OK 74601, Attention: Compliance Department.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically sending an email to email@example.com with the subject line of "Withdraw Electronic Consent" and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request. If you decide to withdraw your consent, it will not affect the validity or effectiveness of any prior Communications.
Changes in Contact Information. Please keep us informed of any changes in your contact information, including any changes to your email address, so that you can continue to receive timely electronic Communications from us. You may update your contact information by logging into your account through AWL's Account Portal, by calling us at (877) 860-7171, by emailing firstname.lastname@example.org, or by writing to us at AWL, Inc., 2128 N. 14th Street, Suite 1, # 130, Ponca City, OK 74601 Attention: Compliance Department.
Your Electronic Signature. You acknowledge and agree that when you click a submission button, you are providing your electronic signature to that document or electronic record. Electronic signatures may also include email, text messages, faxes, or recorded touch tone capture files. For example, if you were to reply "Agree" to a text message referencing an amendment or push a specific number on your phone which is recorded by an interactive voice response or call recording system as an electronic file, then you are creating an electronic signature. When you electronically sign a document, you understand that you are agreeing to all the terms and conditions set forth in that document and certifying that all information you have provided in connection with the transaction is complete and accurate. You agree that your electronic signature shall have the same force and effect and shall bind you in the same manner and to the same extent as a physical signature would do, in accordance with ESIGN to the extent applicable.
Consent and Acknowledgement. You acknowledge and agree that:
- You have read the information about the requirements to receive Communications electronically, and the use of electronic signatures;
- You consent to the use of electronic Communications and electronic signatures 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 or a mobile device;
- You have (1) access to the Internet; (2) an active email account; (3) software capable of receiving email through the Internet; (4) supported Web browsing; and (5) hardware capable of running this software, 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 consent that ESIGN will apply to (i) your consent to receive Communications, (ii) any agreement between you and us, and (iii) our ability to conduct business with you by electronic means will inure to our benefit as well as our affiliates, agents, employees, successors, and assigns.
You certify, warrant and represent that the telephone numbers that you provide to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a telephone number.
Telemarketing Calls and Texts. When you consent to receive telemarketing calls and texts from AWL pursuant to and in accordance with the terms of your loan agreement with AWL, you give AWL and its employees, agents, and representatives permission to use direct mail, email, as well as autodialed or pre-recorded phone calls, direct drop voicemail and other technologies, and SMS text messages to contact the telephone numbers you provide to describe and offer products and services that may be of interest to you. Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent will remain in effect until you revoke it and it is not a condition of obtaining a loan. If you would like to stop receiving SMS text messages, please notify us by texting "STOP" or by calling us at (972) 481-3506. If you would like to stop receiving marketing offers, you may email us at email@example.com, or write to us at AWL, Inc., 2128 N. 14th Street, Suite 1, # 130, Ponca City, OK 74601, Attention: Compliance Department.
Standard calling and text messaging rates will apply, based on your cellular telephone carrier and service plan.
Changes in Contact Information. Please keep us informed of any changes in your contact information, including changes to your email address, so that you can continue to receive timely electronic Communications from us. You may update your contact information by logging into your account through AWL's Account Portal, by calling us at (877) 860-7171, by emailing us at firstname.lastname@example.org, or by writing to us at AWL, Inc., 2128 N. 14th Street, Suite 1, # 130, Ponca City, OK 74601, Attention: Compliance Department.
COMPLIANCE WITH LAWS AND TERMS
You agree to comply with all applicable international, federal, tribal, state and local laws in connection with your use of the Mobile App and the Services. 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 Mobile App to transmit data to AWL, its affiliates, or any third party, you must comply with the relevant terms of service. You may not use the Mobile App 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.
YOUR REPRESENATIONS AND WARRANTIES
You represent and warrant that you possess the legal right and ability to agree to the terms of the License and that all information or material that you transmit through the Mobile App 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 the License; (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.
DATA COLLECTION, USE AND STORAGE
DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE APP 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 MOBILE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AWL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MOBILE APP AND 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 (I) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MOBILE APP, (II) THAT THE FUNCTIONS CONTAINED IN THE MOBILE APP, OR THAT THE SERVICES PERFORMED OR PROVIDED BY THE MOBILE APP, WILL MEET YOUR REQUIREMENTS, (III) THAT THE OPERATION OF THE MOBILE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS IN THE MOBILE APP OR SERVICES WILL BE CORRECTED, OR (V) THAT THE MOBILE APP WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AWL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MOBILE APP 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.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL AWL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS 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, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APP OR SERVICES, 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.
You agree to defend, indemnify, and hold harmless AWL, its affiliates, and its and their respective officers, directors, shareholders, managers, members, employees, agents, partners, attorneys, representatives, successors, and assigns, including the Tribe, 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 the License.
You may not use or otherwise export or re-export the Mobile App except as authorized by United States law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without limitation, the Mobile App 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 Mobile App, 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.
The Mobile App 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. Unpublished-rights reserved under the copyright laws of the United States.
This License constitutes the entire agreement between you and AWL relating to the Mobile App and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of the License will be binding unless in writing and signed by AWL.
You may not assign the License or any of its rights or obligations hereunder. Except to the extent forbidden in the previous sentence, this License will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
To the extent permitted by applicable law, you hereby waive any provision of law that would render any clause of this License invalid or otherwise unenforceable in any respect.
WAIVER OF JURY TRIAL AND AGREEMENT TO ARBITRATE
This License includes the following binding Waiver of Jury Trial and Agreement to Arbitrate (the "Agreement to Arbitrate"). You may opt out of the Agreement to Arbitrate by following these instructions:
RIGHT TO OPT-OUT: IF YOU DO NOT AGREE TO ARBITRATE ALL DISPUTES (DEFINED BELOW) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT TO ARBITRATE, YOU MUST ADVISE US IN WRITING EITHER BY (A) MAILING A LETTER POSTMARKED NO LATER THAN 30 DAYS FOLLOWING YOUR INSTALLATION OR USE OF THE MOBILE APP TO 2128 N. 14TH STREET, SUITE 1 # 130, PONCA CITY, OKLAHOMA 74601OR (B) IN THE EVENT YOU OBTAIN A LOAN FROM AWL, BY EMAIL DATED NO LATER THAN 30 DAYS FOLLOWING THE ORIGINATION DATE SET FORTH AT THE TOP OF YOUR LOAN AGREEMENT TO LEGAL@AWLINC.COM (THE "OPT-OUT DEADLINE"). YOUR OPT-OUT CORRESPONDENCE MUST CLEARLY PRINT OR TYPE YOUR NAME AND ACCOUNT NUMBER OR SOCIAL SECURITY NUMBER AND STATE THAT YOU REJECT ARBITRATION. YOUR REJECTION OF ARBITRATION WILL NOT BE EFFECTIVE IF IT IS NOT IN WRITING OR IF IS DATED LATER THAN 30 DAYS FOLLOWING THE OPT-OUT DEADLINE; IT IS NOT SUFFICIENT TO TELEPHONE US. IN THE EVENT YOU OPT OUT OF THE AGREEMENT TO ARBITRATE, ANY DISPUTES SHALL NONETHELESS BE GOVERNED BY APPLICABLE LAW (DEFINED IN SECTION 17 BELOW) AND THE DISPUTE MUST BE BROUGHT WITHIN SOUTHERN PLAINS COURT OF INDIAN OFFENSES IN OKLAHOMA WHICH IS THE COURT SYSTEM OF THE OTOE-MISSOURIA TRIBE. IF YOU TIMELY EXERCISE YOUR RIGHT TO OPT OUT, YOU THEREBY WILL HAVE: (i) IRREVOCABLY CONSENTED AND SUBMITTED TO THE EXCLUSIVE PERSONAL AND SUBJECT-MATTER JURISDICTION OF THE SOUTHERN PLAINS COURT OF INDIAN OFFENSES IN OKLAHOMA, (ii) WAIVED ALL OBJECTIONS TO SUCH JURISDICTION AND VENUE, (iii) CONSENTED TO HAVE YOUR DISPUTE HEARD SOLELY ON AN INDIVIDUAL BASIS, AND (iv) WAIVED ANY RIGHT TO, AND WILL NOT, PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION AGAINST US.
PLEASE CAREFULLY READ THIS AGREEMENT TO ARBITRATE. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION AS DESCRIBED ABOVE, YOU AGREE THAT ANY DISPUTE YOU HAVE RELATED TO THE MOBILE APP, THE SERVICES OR THE LICENSE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
Agreement to Arbitrate. Before providing us a Notice of Dispute (defined below) and initiating Arbitration, you (defined below) agree to first submit your Dispute (defined below) informally to Customer Service by contacting us (defined below) at (877) 860-7171, or by sending an email to email@example.com. Upon receipt of such correspondence, we will gather sufficient facts regarding your issue and inform you of our determination as soon as reasonably practicable but shall not exceed thirty (30) business days from the date of receipt of your correspondence. Should our determination not resolve the Dispute, you and we agree that the Dispute will be resolved by Arbitration.
What Arbitration Is. "Arbitration" is having an independent third party resolve a Dispute. A "Dispute" is any claim or controversy of any kind between you and us or otherwise involving the Mobile App, the Services, the License, or, if you have obtained a loan from us, the Loan Agreement or the Loan. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all federal, state or Tribal Law claims or demands (whether past, present, or future), based on any legal or equitable theory and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes any issue concerning the validity, enforceability, or scope of this License or this Agreement to Arbitrate.
For purposes of this Agreement to Arbitrate, (a) the terms "you" and "your" include you as the borrower, and include your heirs, guardian, personal representative, or trustee in bankruptcy, and (b) the terms "we," "our," and "us" mean AWL, our agents, servicers, assigns, vendors or any third party, AWL's affiliated companies, the Tribe, AWL's servicing and collection companies, representatives and agents, and each of our and their respective agents, representatives, employees, officers, directors, members, managers, attorneys, successors, predecessors, and assigns.
How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. A party who intends to seek arbitration must first send to the other, by email, a Notice of Dispute (Notice). You must send the Notice to AWL at firstname.lastname@example.org. The Notice must (a) have the subject heading "Notice of Dispute;" (b) describe the nature and basis of the claim or dispute; and (c) set for the specific relief sought (Demand). If AWL and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or AWL may commence an arbitration proceeding pursuant to The International Institute for Conflict Prevention and Resolution ("CPR") Rules for Non-Administered Arbitration in effect at the commencement of the arbitration, except as such rules may be modified by mutual agreement of the parties. To the extent CPR Rules or CPR procedures are different than the terms of this Agreement to Arbitrate, the terms of this Agreement to Arbitrate will apply.
The arbitration shall be conducted by a single arbitrator selected by you and us, which arbitrator shall be a retired federal judge with expertise in Federal Indian law. If the parties have not agreed upon the arbitrator within thirty (30) days after the filing of the request for arbitration, then either party may request CPR to appoint the arbitrator. You may obtain copies of the current CPR Rules and forms and instructions for initiating arbitration by contacting CPR as follows:
International Institute for Conflict
Prevention & Resolution, Inc.
30 East 33rd Street, 6th Floor
New York, NY 10016
Telephone: (212) 949-6490
What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration for all non-frivolous claims, provided each party will be initially responsible for its own attorneys' fees and related costs. The arbitrator may award fees, costs, and reasonable attorneys' fees to you if you substantially prevail in the arbitration. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will pay you the amount of the award or $10,000 ("Alternative Payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("Attorney Premium").
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the Alternative Payment and the Attorney Premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney Premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed in this paragraph supplements any right to attorneys' fees and expenses you may have under Applicable Law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws, we may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, we agree to not seek such an award.
Location of Arbitration. Any arbitration under this Agreement may be conducted either on Tribal land or within thirty (30) miles of your then current residence, at your choice, provided that this accommodation for you shall not be construed in any way (a) as a relinquishment or waiver of the sovereign status or immunity of the Tribe, or (b) to allow for the application of the laws of your state of residence, or (c) to constitute a transaction of business in any place other than the Indian country of the Tribe. Any party may participate in arbitration exclusively by telephonic or other electronic means.
WAIVER OF RIGHTS. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO (A) HAVE A JURY TRIAL TO RESOLVE DISPUTES, (B) HAVE A COURT RESOLVE DISPUTES, (C) PARTICIPATE IN A CLASS ACTION LAWSUIT, AND (D) HAVE ACCESS TO DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT.
The arbitrator has the ability to award all remedies available under Applicable Law, whether at law or in equity, to the prevailing party, except that you and we agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving individual Disputes. The arbitrator may award such remedies only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Conduct of Arbitration. The arbitrator shall apply Applicable Law and the terms of this Agreement, including this Agreement to Arbitrate and the waivers included herein. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. If any provision of this Agreement or the whole thereof, including its choice of law provisions, shall be determined to be unenforceable by a court of competent jurisdiction, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this Agreement or the whole thereof is determined to be unenforceable, including its choice of law provisions, the arbitrator may reform any such provision to make it enforceable; provided, however, that the arbitrator may not reform this arbitration clause or the waiver of the right to participate in a class action as herein provided. The provisions of this Agreement will, where possible, be interpreted to sustain its legality and enforceability.
Survival. This Agreement to Arbitrate will survive: (1) the termination of the License; (2) the cancellation, payment, charge-off, or assignment of any Loan Agreement you have with AWL; (3) the bankruptcy of any party; and (4) any transfer, sale, or assignment of your Loan Agreement, or any amounts owed under your Agreement, to any other person or entity.
This License shall be governed by and construed in accordance with Applicable Law, which means Tribal Law, the provisions of the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and such federal law as is applicable. If any provision of this License is held unenforceable, including any provision of the Waiver of Jury Trial and Agreement to Arbitrate, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remainder of the License agreement will remain in full force and effect. AWL may choose to voluntarily use certain federal laws as guidelines for the provision of the Mobile App and the Services. Such voluntary use does not represent acquiescence of the Tribe to any federal law unless found expressly applicable to the operations of the Tribe or otherwise stated herein. You and we agree that the transaction represented by this License involves interstate commerce for all purposes.
Acknowledgement and Certification. When you access and use the Mobile App and/or the Services, you are acknowledging and certifying that (i) you have read, understand and agree to all of the terms and conditions contained in this License, (ii) you are providing your electronic signature on this document, (iii) you certify that all information you provide while using the Mobile App and/or Services will be complete and accurate, and (iv) your electronic signature shall have the same force and effect, and shall bind you in the same manner and to the same extent as a physical signature would do, in accordance with ESIGN to the extent applicable. You understand that we reserve the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of a review and verification of information submitted by you and your creditworthiness. If you do not understand this License for any reason you may contact us at (877) 860-7171 or email@example.com. You also consent to the dispute resolution provision set forth in this License, and to the provision not to bring, join or participate in any class action. In any proceeding in which AWL is a party in interest with respect to any transactions with you under Applicable Law, AWL's rights and remedies shall be granted based upon sufficient proof and entitlement based upon the terms of this License and the payment and business records maintained by AWL in the ordinary course of business. Any claims or defenses whatsoever asserted by or on behalf of you shall be subject to the dispute resolution process and jurisdiction agreed to in this License.
Waiver. AWL's failure or delay in exercising any right, power, or remedy under the License shall not operate as a waiver of any such right, power, or remedy.
If you have questions, comments, or complaints regarding the License, you may call (877) 860-7171, email us at firstname.lastname@example.org or write to AWL, Inc., 2128 N. 14th Street, Suite 1, # 130, Ponca City, OK 74601, Attention: Legal Department.
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