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 TO OUR MOBILE APP FROM TIME TO TIME.
CHANGES AND MODIFICATIONS
AWL reserves the right in its sole discretion to temporarily or permanently change or modify this License or discontinue all or any portion of the Mobile App, for any reason, at any time. Please review this License from time to time because your continued access or use of the Mobile App after any modifications have become effective shall be deemed your conclusive acceptance of the modified License.
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 for use only under the terms of the License.
The Mobile App is 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, 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 Product Usage Rules set forth in the applicable 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 AWL and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
CONSENT TO USE OF DATA
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 or supported by your device), 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 we reserve the right to decline a credit application as well as withhold funding of a loan prior to disbursement, with cause determined by judgment of risk, upon completion of a review and verification of the information submitted by you and your creditworthiness, and 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, 16, and 17 of the License will survive any termination.
THIRD PARTY SERVICES
The Mobile App may enable access to AWL and third-party services and websites (collectively and individually, "Third Party Services"). Use of the Third Party Services may require you to have Internet access and for you to accept additional terms of service or use. 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, or for any other materials, products, or services of third parties. Third Party Services are provided solely as a convenience to you. By using the Third Party Services, you acknowledge and agree that AWL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, compliance, legality, quality or any other aspect of such Third Party Services.
You agree that the Third Party 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 Third Party 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 Third Party Services, in any manner, and you shall not exploit the Third Party Services in any unauthorized way whatsoever.
In addition, Third Party Services 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 Third Party Services are appropriate or available for use in any particular location. To the extent you choose to access such Third Party Services, you do so at your own risk and are solely responsible for compliance with all applicable laws. AWL reserves the right to change, suspend, remove, or disable access to any Third Party 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 Third Party Services. AWL may also impose limits on the use of or access to certain Third Party 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 ("Communications") electronically in order to transact business with us. This section informs you of your rights when receiving Communications electronically from AWL.
Electronic Communications: You agree that AWL, its agents and representatives, may provide all Communications to you electronically. You may still request a paper copy of any Communication by following the procedure outlined below. 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 or visit https://get.adobe.com/reader/.
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 20 business days after we first provided the Communication to you. To request paper copies, you must send an e-mail to [email protected] 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., 3910 W. 6th Avenue, Box 277, Stillwater, OK 74074, Attention: Compliance Department. There is no fee for the paper copy.
Withdrawing Consent: You may withdraw your consent to receive future Communications electronically sending an email to [email protected] 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 Communications sent to you electronically prior to the date that your withdrawal of consent becomes effective.
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 Communications timely. 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 [email protected], or by writing to us at AWL, Inc., 3910 W. 6th Avenue, Box 277, Stillwater, OK 74074, Attention: Compliance Department.
Your Electronic Signature: Your "electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by you with the intent to sign the record. Electronic signatures may also be obtained by email, text messages, faxes, or recorded touch tone capture files. For example, if you were to reply "Agree" to a text message referencing an agreement 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. You agree that your electronic signature will have the same force and effect and will 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 further acknowledge and agree that whenever you click a submission button on the Mobile App, such as when you complete an application and submit it electronically, that you are providing your electronic signature, confirming your agreement to the transaction and certifying that all information you have provided in connection with the transaction is complete and accurate.
Consent and Acknowledgement: You acknowledge and confirm that:
- You can 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 the ability to send e-mail and receive email with hyperlinks to websites;
- 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;
- When you click a signature button to 'process your loan', you are (i) adopting an electronic process to confirm your consent to the transaction, (ii) affixing your signature electronically to the agreement associated with the transaction, and (iii) certifying that all information you have provided in connection with the transaction is complete and accurate; and
- Your electronic signature will have the same force and effect and will bind you in the same manner and to the same extent as a physical signature would do, and that your consent to conduct business electronically inures to us, as well as our affiliates, agents, employees, successors, and assigns.
Consent to Receive Marketing Offers: You agree and consent that we and our Representatives may use multiple means including direct mail, email, autodialed or pre-recorded phone calls, direct drop voicemail, SMS, text, push notifications, and other technologies) to contact you at any telephone number (including any mobile phone number) and any physical or electronic address you provide to us to inform you of products and services that we think may interest you. Your consent will be effective even if the number you have provided is registered on any state and/or federal Do-Not-Call list. Your 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 and follow the voice prompts. If you would like to stop receiving marketing offers by email, please click the 'unsubscribe' link at the bottom of the communication. Alternatively, you may email us at [email protected] or write to us at AWL, Inc., 3910 W. 6th Avenue, Box 277, Stillwater, Oklahoma 74074, Attention: Compliance Department. If you wish to change or stop receiving offers to specific telephone numbers, you may also call us at (877) 860-7171 or email customer service at [email protected].
COMPLIANCE WITH LAWS AND TERMS
You agree to comply with all applicable laws in connection with your use of the Mobile App. You may not use the Mobile App to transmit to AWL, its affiliates, or any third parties any pictures, text or other data that is unlawful.
YOUR REPRESENTATIONS 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.
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 IS 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 WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS IN THE MOBILE APP 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 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.
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 are 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 CLASS ACTIONS, REPRESENTATIVE ACTIONS, JURY TRIAL
Class actions, other similar representative procedures and consolidation of claims are NOT available under this License. YOU UNDERSTAND AND AGREE THAT YOU MAY NOT SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY PROCEEDING WITH RESPECT TO ANY DISPUTE (DEFINED BELOW) OR CLAIM. Further, you understand and agree that (a) you may not join your Dispute with others, (b) you must resolve your Dispute(s) separately, and (c) you will not assert and waive any claim or right to have a Dispute resolved by a jury trial.
ARBITRATION AGREEMENT: Please read this Arbitration Agreement carefully.
This Arbitration Agreement provides that all Disputes (defined below) between you and us must be resolved by binding arbitration. UNDER THIS ARBITRATION AGREEMENT, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT AND TO HAVE A JUDGE OR JURY RESOLVE YOUR DISPUTE.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AND OPT OUT OF ARBITRATION, BUT IF YOU WISH TO REJECT IT, YOU MUST DO SO TIMELY AS PROVIDED BELOW.
How to Reject this Arbitration Agreement. To reject this Arbitration Agreement, you must send us a written notice stating you reject this Arbitration Agreement and include your name, your loan account number (or last 4 digits of your social security number) and address. Your notice must be mailed to AWL, 3910 W. 6th Avenue, Box 277, Stillwater, Oklahoma 74074 or emailed to [email protected]. We must receive your notice on or before the "Arbitration Rejection Date," which is (a) 30 days after the date you applied for a loan, or, in the event you obtained a loan, (b) 30 days following the origination date set forth at the top of your loan agreement. Rejection notices that are sent to any other address or are communicated verbally or are sent or postmarked after the Arbitration Rejection Date will not be accepted or effective.
What Happens If You Reject this Arbitration Agreement. If you reject this Arbitration Agreement timely and as provided herein then:
- You will have IRREVOCABLY AGREED to the EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION of the SOUTHERN PLAINS COURT OF INDIAN OFFENSES in Oklahoma. For a copy of the Court Rules, please visit the Court of Indian Offenses website at https://www.bia.gov/regional-offices/southern-plains/court-indian-offenses;
- You will have WAIVED ALL OBJECTIONS to such jurisdiction and venue;
- You will have consented to have your Dispute heard on an INDIVIDUAL BASIS only; and
- You will have WAIVED ANY RIGHT to and AGREED NOT TO serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in court or in arbitration, with respect to any claim or Dispute that is subject to arbitration.
- Definitions: For purposes of dispute resolution and this Arbitration Agreement, the terms "you" and "your" include you as the borrower and your heirs, guardian, personal representative, or trustee in bankruptcy; the terms "we," "our," and "us" mean AWL, AWL's agents, servicers, assigns, vendors and any third party, AWL's affiliated companies, the Tribe, and each of its and their respective agents, representatives, employees, officers, directors, members, managers, attorneys, successors, predecessors, and assigns. Any claim, dispute or controversy of any kind or nature between you and us about or involving your loan, your loan account, any prior loans or accounts you held with us (collectively "loan account"), your current loan agreement with us (including future amendments) or any prior loan agreement with us (all of which collectively are a "Loan Agreement") or our relationship is referred to as a "Dispute". Disputes include, for example, claims or disputes arising from or relating in any way to: the interpretation, applicability, validity, arbitrability, enforceability, formation or scope of any Loan Agreement or this Arbitration Agreement; transactions between you and us; any interest, charges, or fees assessed on your loan; any service(s) or programs related to your loan; any communications related to your loan; and any collection or credit reporting of your loan. Disputes also include claims or disputes arising from or relating in any way to advertising and solicitations, or the application for, approval, or establishment of your loan. Disputes are subject to arbitration regardless of whether they are based on contract, tort, constitutional provision, statute, regulation, common law, equity or other source, and regardless of whether they seek legal, equitable and/or other remedies. All Disputes are subject to arbitration whether they arose in the past, may currently exist or may arise in the future. Arbitration will apply even if your loan is closed, sold or assigned; you pay us in full any outstanding debt you owe; or, to the maximum extent permitted by applicable bankruptcy law, you file for bankruptcy. If your loan is sold and/or assigned, we retain our right to elect arbitration of Disputes by you and you retain your right to elect arbitration of Disputes by us.
- Arbitration, generally: When you submit a Dispute to arbitration:
- Your rights will be determined by a neutral arbitrator and not a judge or a jury.
- The procedures in arbitration are simpler and more limited than rules that are applied in court proceedings.
- Decisions by an arbitrator are subject to very limited review by a court.
- You agree that the most current version of the Arbitration Agreement (except for any updates you have rejected properly within the time and manner provided) that is in effect as of the date we receive your notice of Dispute will govern the Dispute.
- Law Governing: This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and the law applicable in arbitration is Applicable Law, as that term is defined in Section 17 below.
- Clarification Regarding Governing Law: As separately provided, the law applicable in arbitration is Applicable Law, which includes applicable federal law. This means that in arbitration you are entitled to invoke the same body of federal law that you would have been entitled to invoke in litigation. In other words, proceeding in arbitration gives you access to the exact same body of federal remedies available in litigation.
- Application to Class Actions, Representative Actions and Waiver of Jury Trial: Class actions, other similar representative procedures and consolidation of claims are NOT available under this Arbitration Agreement. YOU MAY NOT SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, NOR MAY YOU PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION, WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION. Further, you may not join your Dispute with other persons in the arbitration; each person must arbitrate his or her own Dispute(s) separately. You also waive your right to have a court or jury trial resolve your Dispute.
- Informal Resolution: You and we agree to attempt to first resolve any Dispute informally. You agree that you will notify us of your Dispute by sending an email to [email protected]. Your email must include your name, your loan account number (or last 4 digits of your social security number), and address; describe the nature and basis of your Dispute; and use the phrase "Notice of Dispute" in the subject line. We will investigate your Dispute and let you know of our decision within 30 business days from the date we received your correspondence. If you do not accept our decision, then you may submit your Dispute to final and binding arbitration in the manner described in the section below (unless you have properly rejected the Arbitration Agreement in the time and manner provided above).
- Proceeding in Arbitration: If the Dispute cannot be resolved informally, then you or we may file a claim for arbitration with the American Arbitration Association ("AAA") through its website at www.adr.org. If the AAA is unable or declines to administer the Dispute, then you and we agree to select a substitute arbitration organization to administer the Dispute. If you and we cannot agree on a substitute arbitration organization, then either of us may petition the United States District Court for the Northern District of Oklahoma or the courts of the state of Oklahoma sitting in Kay County to appoint the arbitration service provider, as permitted under 9 U.S.C. § 5. (The AAA and any substitute arbitration service provider selected or appointed as contemplated here collectively are the "Arbitration Organization".) We will reimburse your filing fees, reasonable attorneys' fees and other costs of arbitration if you prevail. After the Arbitration Organization notifies the parties that an arbitration demand has been filed, the responding party will have 14 days to file a response or counterclaim. After filing of the claim, response or counterclaim (if elected), no further claims or counterclaims may be made except on motion to the arbitrator. Any delay or failure to file a counterclaim or response will not delay an arbitration from proceeding.
- Selecting the Arbitrator: The Arbitration Organization will provide you and us with a list of at least three arbitrator candidates from the National Roster, which, in order to be deemed acceptable as an arbitrator candidate, must (i) be either a retired judge or an attorney, (ii) have experience in contract matters, and (iii) to the extent practicable, have experience in Federal Indian law. You and we will select one arbitrator from that list of candidates. If you and we cannot agree on an arbitrator within 10 days, then you or we may ask the Arbitration Organization to appoint an arbitrator from the list of candidates. If the designated arbitrator becomes unable or unwilling to proceed, then you and we agree that a substitute arbitrator will be appointed pursuant to the AAA Consumer Arbitration Rules.
- Preliminary Management Hearing; Discovery; Motions: The Arbitration Organization will schedule a preliminary management hearing with the appointed arbitrator to narrow the issues and establish a schedule and procedure for any law and motion proceedings to expedite arbitration. The preliminary management hearing will be conducted by conference call, video conference or internet. Discovery will be completed within 60 days of this preliminary management hearing and will consist exclusively of: (a) one set of interrogatories to each party not to exceed fifteen (15) in number including subparts, and (b) loan account information and documents pertaining to credit that you sought or obtained from us. Subject to Principle 13 of the AAA's consumer Due Process Protocol, any other forms of discovery will be allowed only upon a showing of good cause to the arbitrator. The arbitrator will honor claims of privilege recognized by law and will take appropriate steps to protect confidential or proprietary information. The arbitrator may decide any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment.
- Administration and Procedures; Award; Fees:
The AAA Consumer Arbitration Rules, available at www.adr.org/Rules, will be used to administer the arbitration, and you and we each agree that the Dispute will be arbitrated solely through submission of documents in accordance with the AAA Procedures for the Resolution of Disputes Through Document Submission, without an in-person or telephonic hearing. If the arbitrator decides that an in-person hearing is necessary, however, then the arbitration will be conducted 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) to relinquish or waive the sovereign status or immunity of the Tribe, (b) to relinquish or waive the sovereign status of AWL or expand the scope of the limited waiver provided by AWL below in the paragraphs entitled "Enforcement of Award", or (c) to constitute a transaction of business in any place other than the Indian country of the Tribe.
The arbitrator is bound by the terms of this Arbitration Agreement. He or she must apply Applicable Law, the terms of the Loan Agreement and this Arbitration Agreement. If the AAA's rules or procedures are different than the terms of this Arbitration Agreement, the terms of this Arbitration Agreement will control. You and we agree that the arbitrator will issue a concise written award in accordance with the timing requirements under the AAA Rules. The decision and award shall have no precedential or collateral estoppel effect. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses, at any time during the proceeding and upon request from you or us 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, but you may not recover duplicative awards of attorneys' fees or costs. If we prevail in arbitration and have a right to an award of attorneys' fees and expenses, we will not seek such an award.
- Appeal: You or we can file a written appeal to the Arbitration Organization within 30 days after an award is issued by filing a notice of appeal with any AAA office, which appeal will be administered by the Arbitration Organization pursuant to AAA's Consumer Appellate Arbitration Policy, available here and at https://www.adr.org/sites/default/files/document_repository/Consumer_Appellate_Arbitration_Policy_0.pdf. Any review by a court shall be governed by Sections 10 and 11 of the Federal Arbitration Act.
- Enforcement of Award: Any final arbitration award will be binding on the named parties and judgment on the arbitration award may be entered in, and be enforceable by, the United States District Court for the Northern District of Oklahoma or if such federal court fails to find jurisdiction then in the courts of the state of Oklahoma sitting in Kay County, and appellate courts therefrom. AWL grants a limited waiver of its sovereign immunity which is limited to (i) arbitration of a Dispute only in accordance with and subject to the terms of this Arbitration Agreement, and (ii) enforcing a final award issued in such arbitration in the United States District Court for the Northern District of Oklahoma or if such federal court fails to find jurisdiction then in the courts of the state of Oklahoma sitting in Kay County, and appellate courts therefrom. This limited waiver is made by AWL to you only, does not include any waiver (express or implied) to any other person, and does not waive the sovereign immunity of the Tribe or any of the Tribe's other entities.
- Severability: The provisions of this Arbitration Agreement will, where possible, be interpreted to sustain its legality and enforceability. If any provision of this License or this Arbitration Agreement or the whole of it is determined to be unenforceable, then the arbitrator may sever and/or reform any such provision to make it enforceable. The arbitrator may not, however, reform the clause requiring for Disputes to be heard on an individual basis or the waiver of the right to participate in any class or collective action against us.
This License shall be governed by and construed in accordance with Applicable Law, which means Tribal Law and applicable federal law. The term "Tribal Law" means any law, ordinance or regulation duly enacted by the Tribe or the Otoe-Missouria Consumer Finance Services Commission.
ACKNOWLEDGEMENT AND CERTIFICATION
When you access and use the Mobile App, 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 certify that all information you provide while using the Mobile App will be complete and accurate, and (iii) you acknowledge and understand that your use of the Mobile App and any of the Services through it occurs in Indian country within the Tribe's reservation in Red Rock, Oklahoma. You further acknowledge and agree that any claims or defenses whatsoever asserted by or on behalf of you will be subject to the dispute resolution process and jurisdiction agreed to in this License.
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 this License, you may call (877) 860-7171, email us at [email protected] or write to AWL, Inc. 3910 W. 6th Avenue, Box 277, Stillwater, OK 74074, Attention: Legal Department.
PRINT A COPY OF ALL DOCUMENTATION AND RETAIN FOR YOUR RECORDS.