PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WHEN YOU ACCESS AND USE THIS WEBSITE, INCLUDING SUBMITTING A LOAN APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, PLEASE EXIT THIS WEBSITE IMMEDIATELY AND DO NOT SUBMIT AN APPLICATION FOR A LOAN.
Changes and Modifications
Verification and Reporting
You authorize us to verify any information you may provide to us through the Site or the Mobile App, such as submitting an application for a loan or other Services from us. Verification may be ongoing and may require us 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, account history, and collection activity. You understand that loan processing and provision of any services may be conditioned on obtaining verification to our satisfaction and at our sole discretion.
You authorize us to request and obtain a consumer credit report from one or more consumer credit reporting agencies (“credit bureaus”) in connection with any request for credit and as otherwise allowed by Applicable Law (defined in 15. below). You agree that we may obtain additional credit reports and other information about you in connection with updates, regular payments, account review, collections activity or for any other legitimate purpose. We may also report information about your Loan to credit bureaus.
Service Rights and Restrictions
All material and content on this Site including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the "Site Content") are the proprietary property of AWL with all rights reserved. Site Content may not be copied, reproduced, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means without AWL's express prior written consent. You acknowledge that all Site Content is and shall remain the sole property of AWL. You may only access the Site and use the Services for their intended purpose, and any use of the Site or Services that is not expressly authorized herein is strictly prohibited.
Nothing on this Site should be construed as granting you any license or right to use any trademark, whether owned by AWL or a third party, displayed on the Site, without prior written approval of the trademark owner. You may not use, copy, duplicate, display, distribute, modify or reproduce any trademark contained on the Site without the prior express written consent of the trademark's owner.
Consent to Conduct Business Electronically
Because AWL operates its platform online and conducts its business solely through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services ("Communications") electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications 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.
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 email@example.com 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.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by sending us your request in writing to firstname.lastname@example.org 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, effectiveness or enforceability 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 email@example.com, or by writing to us at AWL, Inc., 3910 W. 6th Avenue, Box 277, Stillwater, OK 74074, Attention: Compliance Department.
Your Electronic Signature. You acknowledge and agree that whenever you click a submission button on the Site, you are providing your electronic signature. 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. When you complete an application and submit it electronically through the Site, you understand that you are confirming your agreement to the transaction and certifying that all information you have provided in connection with the transaction is complete and accurate. 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.
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
- Your 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.
CONSENT TO TELEPHONE COMMUNICATIONS
Consent to Contact. You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number (including any mobile phone number), and physical or electronic address you provide to us from time to time. You expressly agree that we may contact you in any way, (including by telephone, SMS, text, prerecorded messages and artificial voice, direct drop voicemail, calls and messages using an auto telephone dialing system or an automated texting system, and other technologies) to call or to communicate with you. You agree that automated messages may be played when the telephone is answered, whether by you or someone else and an agent or representative may leave a message on your answering machine, voice mail or by text. Your provider’s messaging and data rates may apply to all SMS text messages. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or via text.
You expressly consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or number(s) we can reasonably associate with your account (through skip tracing, caller ID capture, or other methods), with information or questions about your application, loan and/or account. Your provider's messaging and data rates may apply to all SMS text messages. You may opt out and remove your SMS information by: (1) sending "STOP" to the SMS text message you received; (2) logging on to our website at www.americanwebloan.com and updating your account information; (3) calling us at (972) 481-3506; or (4) emailing customer service at firstname.lastname@example.org.
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 particular telephone number.
Telemarketing Calls and Texts. We will not use autodialed or prerecorded calls or texts to contact you for solicitation purposes unless you provide us with prior express written consent. If you have agreed to receive solicitation calls, then you agree that AWL's employees, agents, and representatives may 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 your mobile phone at the number you provide to describe and offer products and services that may be of interest to you. If provided, 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 shall remain in effect until you revoke it. Your consent to receive telephone communications 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 use at (972) 481-3506. If you would like to stop receiving marketing offers, you may email us at email@example.com, or by writing to us at AWL, Inc., 3910 W. 6th Avenue, Box 277, Stillwater, OK 74074, Attention: Compliance Department.
Standard calling and text messaging rates will apply, based on your cellular telephone carrier and service plan.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at firstname.lastname@example.org, or via regular mail at 3910 W. 6th Avenue, Box 277, Stillwater, OK 74074, Attn: Legal Department. In your notification, please:
- Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
- Identify the copyrighted work or works that you claim have been infringed;
- Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
- Provide your contact details, including an email address;
- Provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
Links to Third-Party Sites
We are not responsible for the information practices employed by sites that may be linked to or from our website. In most cases, links to third-party websites are provided solely as pointers to information that may be useful to our users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
Disclaimer of Warranties
AWL PROVIDES THE SITE AND SERVICES "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, AWL MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED OR SITE CONTENT.
Limitation of Liabilities
IN NO EVENT WILL AWL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF AWL IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, AWL'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO AWL, IF ANY, AND IN NO CASE SHALL AWL'S LIABILITY TO YOU EXCEED $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Waiver of Jury Trial And Agreement to Arbitrate:
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 THE DATE YOU SUBMITTED A LOAN APPLICATION, TO 3910 W. 6TH AVENUE, BOX 277, STILLWATER, OK 74074, OR, IN THE EVENT YOU OBTAIN A LOAN FROM AWL, OR (B) 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. 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 DATE YOU SUBMITTED A LOAN APPLICATION; 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. THE DISPUTE MUST BE BROUGHT WITHIN THE 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 SITE OR THE SERVICES PROVIDED BY AWL 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 Site, the Services, this Agreement, 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 Agreement or this Agreement to Arbitrate.
For purposes of this Agreement to Arbitrate, (a) the terms "you" and "your" include you, the borrower, your heirs, guardian, personal representative, and trustee in bankruptcy, and (b) the terms "we," "our," and "us" mean Lender, our agents, servicers, assigns, vendors and any third party, Lender's affiliated companies, the Tribe, Lender'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 Lender 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 Lender and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Lender may commence an arbitration proceeding pursuant to the Institute for Conflict Prevention & Resolution, Inc. ("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. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitration firm, we may do so. 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, 6st 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. In the event that 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 so as to sustain its legality and enforceability.
Survival. This Agreement to Arbitrate will survive: (1) the termination of the Services; (2) the cancellation, payment, charge-off, or assignment of your Loan Agreement; (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.
PRINT A COPY OF ALL DOCUMENTATION AND RETAIN FOR YOUR RECORDS.