Important - before installing, accessing, or using any part of the above lending, inc (“above”) web site located at www.abovelending.com and any programs, services, products, materials, documentation, and information available through the site or used in connection therewith (collectively, the “site”), you should read the following terms and conditions contained in this terms of service agreement (the “tos”) carefully as they govern your access to and use of this site. Above is willing to license the use of the site to you only on the condition that you accept all of the terms and conditions contained in this tos. If you do not agree with this tos, you are not granted permission to access or otherwise use this site and are instructed to exit this site immediately.
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License Grant.
This Site is provided by Above. This TOS provides you, a “User”, with a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. Accordingly, you expressly acknowledge and agree that Above transfers no ownership or intellectual property interest in and to the Site to you or anyone else.
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User Obligations.
By installing, accessing, or using this Site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration form. If you provide any false, inaccurate, untrue, or incomplete information, Above reserves the right to terminate your access and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site and agree not to interfere with the use and enjoyment of this Site by other Users and Above's operation or management of this Site. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of Above, when using this Site.
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Above has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Site may involve transmission over various networks. Accordingly, Above is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using this Site and must make your own determination as to these issues.
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License Grant Restrictions.
Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Above server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Above's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, and (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Above on or through the Site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY ABOVE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Above reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Above will also comply with all court orders involving requests for such information. In addition to the foregoing, Above reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, for any reason.
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Term and Termination.
This TOS will take effect at the time you begin accessing, or using this Site, whichever is earliest. Above reserves the right at any time and for any reason to deny you access to the Site or to any portion thereof and to terminate this TOS. This TOS will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions of this TOS concerning proprietary and intellectual property rights, submissions, events beyond Above's control, confidentiality, indemnity, representations and warranties, disclaimers of warranty and liability, availability of records, admissibility of this TOS, termination, and governing law will survive the termination of this TOS for any reason.
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Proprietary Rights.
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Above and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Above does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Above actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2020 Above Lending, Inc. and/or its licensors. All rights reserved. Above also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Above. The Above logo, and all other names, logos, and icons identifying Above and its products and services are proprietary trademarks of Above, and any use of such marks without the express written permission of Above is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
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Privacy Policy.
Above considers your personal identifying information to be private and operates this Site by keeping any collected personal identifying information confidential. Nevertheless, you understand, acknowledge, and agree that the operation of certain portions of the Site requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those areas of the Site, you acknowledge and agree that your use of this Site will constitute acceptance of Above's personal identifying information collection and use practices. Please see Above's Privacy Policy, and as applicable, Above's California Privacy Notice, for a summary of Above's personal identifying information collection and use practices.
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Forward Looking Statements.
This Site may from time to time contain or provide links to certain forward-looking statements - within the meaning of the Private Securities Litigation Reform Act of 1995 which includes all statements that address operating performance or events or developments that Above expects or anticipates will occur in the future. Forward-looking statements may be identified by the use of words like “plan,” “expect,” “believe,” “intend,” “will,” “anticipate,” “estimate” and other words of similar meaning. Forward-looking statements are based on current expectations of future events. The forward-looking statements contained in the Site are and will be based on Above's then current views and assumptions and speak only as of the date upon which they were originally published. All forward-looking statements contained in the Site are subject to certain risks and uncertainties. If underlying assumptions prove inaccurate or unknown risks or uncertainties materialize, actual results could vary materially from expectations and projections. Furthermore, Above undertakes no obligation to update or revise any forward-looking statements whether as a result of new information, future events and developments or otherwise. You are therefore cautioned not to place any reliance on any forward-looking statements contained in this Site.
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Press/News Releases.
Above will from time-to-time release press/news releases, which are offered as a service for informational purposes. Please note that all information is accurate as of the date of the release and may not be accurate on the date upon which you are viewing this Site. Your reliance on or use of any information contained in a press/news release is at your own risk.
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Submissions.
Above welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Above, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Above. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Above to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
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Telephone Communications and Agreement to Be Contacted.
Call Recording and Monitoring. You acknowledge that telephone calls to or from Above Lending, Inc (“Above”), its affiliates as identified in Above Lending's Privacy Notice (“Affiliate”), together with its Lending Partners and a lender in a Lending Partners lending network, may be monitored and recorded and you agree to such monitoring and recording.
Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Above, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message, calling us at (800) 201-2295, mail at 650 Dundee Road, Suite 150, Northbrook, IL 60062, email at [email protected].
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Above, its Affiliate , together with its Lending Partners and a lender in a Lending Partner's lending network related to promotions, your inquiries, offers, application, your account, any transaction, and/or your relationship with Above, its Affiliate, together with its Lending Partners and their lending partners. Promotions, inquiries, offers, and applications are related to other financial products and services and other ancillary financials services and products. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from Above, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.
Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email [email protected] and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice to [email protected] or via mail to 650 Dundee Road, Suite 150, Northbrook, IL 60062. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request made to Above. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from Above. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Above is not responsible for such charges.
Unauthorized Use of Your Telephone Device. You must notify Above immediately of any breach of security or unauthorized use of your telephone device. Although Above will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
Your Indemnification to Us. You agree to indemnify Above for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys' fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
Release of Claims. In consideration of the services provided by Above, its Affiliate, together with its Lending Partners and their lending partners, you hereby release Above from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.
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Third Party Products/Services.
You acknowledge and agree that this Site may feature materials, products, and services provided by Users, Affiliate, and third parties. Above makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services. Above expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on or accessed through the Site.
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Advertisers On This Site.
Above, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser. You agree that Above shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Above shall not be responsible or liable for the statements or conduct of any third party on this Site.
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Links to Other Sites.
Above may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by Above and are maintained by third parties over which Above exercises no control. Accordingly, Above expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by or advertised on these third party websites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
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Links to This Site.
Above encourages and permits text links to this Site and its content. Above is an organization committed to the highest ethics and standards and therefore, any links to this Site should not suggest that Above promotes or otherwise endorses any third party products, services, causes, campaigns, websites, content, or information. Moreover, no link may be used for commercial or fundraising purposes. Above also reminds you that a link may not use or include any Above logos, content, or designs without the express written consent of Above.
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Class Action and Jury Trial Waiver and Arbitration Agreement.
(v3 eff 7/2021)
Any dispute or claim arising out of or relating in any way to these terms of use, the privacy policy, your access to or use of the site, or any relationship between us will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the site and/or any of the services offered on or through the site signifies your explicit consent to this waiver and arbitration agreement.Class Action Waiver. Subject to applicable law and the Jury Trial Waiver and Arbitration Clause below, you and we both waive any right to assert any claims against the other party as a representative or member in any class or representative action.
Jury Trial Waiver and Arbitration Clause (“Clause”):
Background and Scope
What is arbitration? An alternative to court In arbitration, a third party (“Arbiter”) solves Disputes in a hearing (“hearing”). You, related third parties, and we, waive the right to go to court. Such “parties” waive jury trials. Is it different from court and jury trials? Yes The hearing is private and less formal than court. Arbiters may limit pre-hearing fact finding, called “discovery.” The decision is final. Courts rarely overturn Arbiters. Who does this Agreement cover? You, Us, and Others This Agreement governs the parties, their heirs, successors, assigns, affiliates, and third parties including Lending Partners related to any Dispute. Which Disputes are covered? All Disputes In this Agreement, the word “Disputes” has the broadest possible meaning. This Agreement governs all “Disputes” involving the parties. This includes all claims even indirectly related to your access to and use of our website, any inquiry, application, offers and agreements with us. This includes claims related to information you previously gave us. It includes all past agreements. It includes claims related to marketing, privacy, consumer and customer information, data sharing, and communication including telephonic and electronic. It includes claims related to setting aside this Agreement. It includes claims about the Agreement's validity and scope. It includes claims about whether to arbitrate. Are you waiving rights? Yes You waive your rights to: - Have juries solve Disputes.
- Have courts, other than small-claims courts, solve Disputes.
- Serve as a private attorney general or in a representative capacity.
- Be in a class action.
Are you waiving class action rights? Yes Courts and arbiters won't allow class actions. You waive your rights to be in a class action, as a representative and a member. Only individual arbitration, or small-claims courts, will solve Disputes. You waive your right to have representative claims. Unless reversed on appeal, if a court invalidates this waiver, the Agreement will be void. What law applies? The Federal Arbitration Act (“FAA”) This transaction involves interstate commerce, so the FAA governs. If a court finds the FAA doesn't apply, and the finding can't be appealed, then your state's law governs. The Arbiter must apply substantive law consistent with the FAA. The Arbiter must follow statutes of limitation and privilege claims. Can the parties try to solve Disputes first? Yes We can try to solve Disputes if you call 800-201-2295 or email us at [email protected]. If this doesn't solve the Dispute, mail us notice, within 14 days of the Dispute date. In your notice, tell us the details and how you want to solve it. We will try to solve the Dispute. If we make a written offer (“Settlement Offer”), you can reject it and arbitrate. If we don't solve the Dispute, either party may start arbitration. To start arbitration, contact an Arbiter or arbitration group listed below. No party will disclose settlement proposals to the Arbiter during arbitration. How should you contact us? By mail Send mail to: Above Lending, Inc., 650 Dundee Road, Suite 150, Northbrook, IL 60062. You can call or use certified mail to confirm receipt. Can small-claims court solve some Disputes? Yes Each party has the right to arbitrate, or to go to small-claims court if the small-claims court has the power to hear the Dispute. Arbitration will solve all Disputes that the small-claims court does not have the power to hear. If there is an appeal from small-claims court, or if a Dispute changes so that the small-claims court loses the power to hear it, then the Dispute will only be heard by an Arbiter. Do other options exist? Yes Both parties may seek remedies which don't claim money damages. This includes pre-judgment seizure, injunctions, or equitable relief. Will this Agreement continue to govern? Yes, unless otherwise agreed. The Agreement stays effective, unless the parties sign an agreement stating it doesn't. The Agreement governs your activity on, use, access to and use of Above Lending, Inc's website at www.abovelending.com and any inquiry, application, and offer for loans and other financial products and services offered by, through or on behalf of Above Lending, Inc, its Affiliate as identified in Above Lending', and Lending Partners and their respective websites. The Agreement remains effective, despite a transaction's termination, amendment, expiration, or performance including abandoned, unclaimed inquiries, applications, and offers. Process
How does arbitration start? By mailing a notice Either party may mail the other a request to arbitrate, even if a lawsuit has been filed. The notice should describe the Dispute and relief sought. The receiving party must mail a response within 20 days. If you mail the demand, you may choose the arbitration group. Or, your demand may state that you want the parties to choose a local Arbiter. If related third parties or we mail the demand, you must respond in 20 days. Your response must choose an arbitration group or propose a local Arbiter. If it doesn't, we may choose the group. Who arbitrates? AAA, JAMS, or an agreed Arbiter You may select: - American Arbitration Association (“AAA”) (1-800-778-7879) http://www.adr.org or
- JAMS (1-800-352-5267) http://www.jamsadr.com.
Who does this Agreement cover? You, Us, and Others This Agreement governs the parties, their heirs, successors, assigns, affiliates, and third parties including Lending Partners related to any Dispute. Which Disputes are covered? All Disputes In this Agreement, the word “Disputes” has the broadest possible meaning. This Agreement governs all “Disputes” involving the parties. This includes all claims even indirectly related to your access to and use of our website, any inquiry, application, offers and agreements with us. This includes claims related to information you previously gave us. It includes all past agreements. It includes claims related to marketing, privacy, consumer and customer information, data sharing, and communication including telephonic and electronic. It includes claims related to setting aside this Agreement. It includes claims about the Agreement's validity and scope. It includes claims about whether to arbitrate. Are you waiving rights? Yes You waive your rights to: - Have juries solve Disputes.
- Have courts, other than small-claims courts, solve Disputes.
- Serve as a private attorney general or in a representative capacity.
- Be in a class action.
Are you waiving class action rights? Yes Courts and arbiters won't allow class actions. You waive your rights to be in a class action, as a representative and a member. Only individual arbitration, or small-claims courts, will solve Disputes. You waive your right to have representative claims. Unless reversed on appeal, if a court invalidates this waiver, the Agreement will be void. What law applies? The Federal Arbitration Act (“FAA”) This transaction involves interstate commerce, so the FAA governs. If a court finds the FAA doesn't apply, and the finding can't be appealed, then your state's law governs. The Arbiter must apply substantive law consistent with the FAA. The Arbiter must follow statutes of limitation and privilege claims. Can the parties try to solve Disputes first? Yes We can try to solve Disputes if you call 800-201-2295 or email us at [email protected]. If this doesn't solve the Dispute, mail us notice, within 14 days of the Dispute date. In your notice, tell us the details and how you want to solve it. We will try to solve the Dispute. If we make a written offer (“Settlement Offer”), you can reject it and arbitrate. If we don't solve the Dispute, either party may start arbitration. To start arbitration, contact an Arbiter or arbitration group listed below. No party will disclose settlement proposals to the Arbiter during arbitration. How should you contact us? By mail Send mail to: Above Lending, Inc., 650 Dundee Road, Suite 150, Northbrook, IL 60062. You can call or use certified mail to confirm receipt. Can small-claims court solve some Disputes? Yes Each party has the right to arbitrate, or to go to small-claims court if the small-claims court has the power to hear the Dispute. Arbitration will solve all Disputes that the small-claims court does not have the power to hear. If there is an appeal from small-claims court, or if a Dispute changes so that the small-claims court loses the power to hear it, then the Dispute will only be heard by an Arbiter. Do other options exist? Yes Both parties may seek remedies which don't claim money damages. This includes pre-judgment seizure, injunctions, or equitable relief. Will this Agreement continue to govern? Yes, unless otherwise agreed. The Agreement stays effective, unless the parties sign an agreement stating it doesn't. The Agreement governs your activity on, use, access to and use of Above Lending, Inc's website at www.abovelending.com and any inquiry, application, and offer for loans and other financial products and services offered by, through or on behalf of Above Lending, Inc, its Affiliate as identified in Above Lending', and Lending Partners and their respective websites. The Agreement remains effective, despite a transaction's termination, amendment, expiration, or performance including abandoned, unclaimed inquiries, applications, and offers. Arbitration Fees and Awards
Will we advance Arbitration Fees? Yes, but you pay your costs. We will advance your “Arbitration Fees” if you ask us to. This includes filing, administrative, hearing, and Arbiter's fees. You pay your attorney fees and other expenses. Are damages and attorney fees possible? Yes, if allowed by law. The Arbiter may award the same damages as a court. Arbiters may award reasonable attorney fees, and expenses, if allowed by law. Will you pay Arbitration Fees if you win? No If the Arbiter awards you funds, you don't reimburse us the Arbitration Fees. Will you ever pay Arbitration Fees? Yes If the Arbiter doesn't award you funds, then you must repay the Arbitration Fees. If you must pay Arbitration Fees, the amount won't exceed state court costs. What happens if you win? You could get more than the Arbiter Awarded. If an Arbiter's award to you exceeds our last Settlement Offer, we will pay 3 amounts. We will pay the award, plus 10% of such amount (“bonus payment”). We will pay your attorney the attorney fees conferred, plus 10% of such amount (“attorney premium”). If the Arbiter orders, we will pay reasonable expert witness costs and other costs you incurred (“cost premium”). If we never made a Settlement Offer, we will pay the bonus payment, attorney premium, and any cost premium. If a law allows you more, this Agreement won't prevent such award. We won't seek attorney fees and expenses. Can an award be explained? Yes A party may request details from the Arbiter, within 14 days of the ruling. Upon such request, the Arbiter will explain the ruling in writing. Other Options and Exemptions
If you don't want to arbitrate, can you still get a transaction? Yes. You can get our services and decide not to arbitrate. Consider these choices: - Informal Dispute Resolution. Contact us and attempt to settle any Disputes.
- Small-claims Court. Seek to solve Disputes in small-claims court, within state law limits.
- Opt-Out of Arbitration. Sign and then timely opt-out.
Can you opt-out of the Clause? Yes - within 60 days Write us within 60 calendar days of signing your agreement to opt-out of the Clause for that agreement. List your name, address, account number and date. Tell us that you “opt out.” If you opt out, it will only apply to that agreement. Are Active Duty Military Members and their Dependents ( “Covered Borrowers”) subject to this Jury Trial Waiver and Arbitration Clause? Yes Covered Borrowers, as defined by defined by 32 C.F.R. § 232.3(g) of the federal Military Lending Act are not excluded from this Jury Trial Waiver and Arbitration Clause and its Opt-Out Provisions . AL-ArbAgmtWeb (v3 eff 7/2021)
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Disclaimer.
While above endeavors to provide the most accurate, up-to-date, and reliable information, services, programs, products, software, services, and materials available, the information, services, programs, products, software, services, and materials available on or through this site are provided on an “as-is” and “as available” basis and may include errors, omissions, or other inaccuracies. Moreover, above may make modifications and/or changes in this site or in the information, services, programs, products, software, services, and materials described in or available through this site at any time and for any reason. You assume the sole risk of making use and/or relying on the information, services, programs, products, services, and materials available on or through this site. above makes no representations or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of the information, services, programs, products, services, and materials described on or available through this site for any purpose. Above also does not warrant that the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components. Program is not available in all states.
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Limitation of Liability.
In no event shall above and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, services, programs, products, services, and materials available through this site, or for any lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise arising out of utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if above has been advised of the possibility of such damages. some states do not allow the exclusion of damages or limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of above under such circumstances shall not exceed, one hundred ($100.00) dollars in the aggregate. If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability, disclaimers and exclusions of warranties and damages set forth in this agreement shall remain in effect.
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Indemnity.
You agree to defend, indemnify, and hold harmless Above and its Affiliate and all of their employees, agents, directors, officers, proprietors, Lending Partners, representatives, shareholders, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any breach by you of this TOS, or the submission by you of any material via the Site. Above reserves the right to take over the exclusive defense of any third party claim or action and in such event, you shall provide Above with such cooperation as is reasonably requested by Above. You hereby release Above and its Affiliate and all of their employees, agents, directors, officers, proprietors, Lending Partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site.
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General Provisions.
This TOS, Above's Privacy Policies, and any related or associated service or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Above with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Above with respect to this Site. Please note that Above reserves the right to change the terms and conditions of this TOS and under which this Site and its many offerings are extended to you by posting a revised TOS or communicating notice thereof to you in any form authorized by law including email or U.S. postal service. In addition, Above may add or delete any aspect of this Site. Your continued use of this Site following any change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis. This TOS has been made in and will be construed and enforced in accordance with the laws of the Texas as applied to agreements entered into and completely performed in Texas. Any cause of action related to use of this Site must be commenced within (1) year after the claim or cause of action arises or is otherwise reasonably known. The sole jurisdiction and venue for any litigation arising out of this TOS shall be an appropriate federal or state court located in Harris County, Texas, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens, except that Above may seek temporary injunctive relief in any venue of its choosing. This Site is controlled and operated by Above and third party vendors with which it contracts from its offices within the United States. Above makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Above of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.