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Consent to Receive Electronic Documents:
Consent to Receive Electronic Documents
CONSENT FOR ELECTRONIC RECORDS
Please read this information carefully and, for future reference, either print a copy of this document or retain this information electronically.
INTRODUCTION. You are submitting a credit application to American Title Loans. We can give you the benefits of our online service only if you consent to use and accept electronic signatures, electronic records, and electronic disclosures in connection with this transaction (your "Consent"). By completing and submitting an online credit application (your "Application"), you acknowledge that you have received this document and have consented to the use of electronic signatures, electronic records, and electronic disclosures in connection with this transaction (collectively "Records").
ELECTRONIC COMMUNICATIONS. You may request a paper copy of any Record by e-mailing American Title Loans at: support@americantitleloans.com. You may request a paper copy even if you withdraw your Consent. American Title Loans will retain the Records as required by law and will provide you a paper copy of any Record at no charge.
CONSENTING TO DO BUSINESS ELECTRONICALLY. Before giving your Consent, you should consider whether you have the required hardware and software capabilities described below.
SCOPE OF CONSENT. Your Consent and our agreement to conduct this transaction electronically only apply to this transaction. If we receive your Consent, then we will conduct this transaction with you electronically.
HARDWARE AND SOFTWARE REQUIREMENTS. To access and retain the Records electronically, you will need to use the following computer software and hardware: An IBM or MAC compatible computer with Internet access and an Internet Browser that meets the following minimum requirements: Mozilla Firefox 1.5 or later versions or Microsoft Internet Explorer 5.01 or later versions. Also, the specific Internet Browser must support at least 128 bit encryption. To read some documents, you will need a PDF file reader like Adobe Acrobat Reader. If at any time during this transaction these requirements change in a way that creates a material risk that you may not be able to receive Records electronically, American Title Loans will notify you of these changes.
WITHDRAWING CONSENT. You may withdraw your Consent at any time and at no charge to you. If you withdraw your Consent prior to receiving the credit transaction, then your withdrawal will prevent you from obtaining an online credit transaction (i.e., a credit transaction obtained over the Internet). To withdraw your Consent, you must e-mail us at: support@americantitleloans.com. Note, however, that the withdrawal of your Consent will not affect the legal effectiveness, validity, or enforceability of the credit transaction or of any Records that you received electronically prior to such withdrawal (including but not limited to the Arbitration Agreement and the Notice-of-Grievance Agreement, each set forth above).
CHANGE TO YOUR CONTACT INFORMATION. You must keep us informed of any change in your e-mail address or your ordinary mail address. To update your address information, either phone us at 1-800-53-money or e-mail us at support@americantitleloans.com.
AUTHORIZATION, AGREEMENT, AND REPRESENTATIONS. BY CLICKING THE "I AGREE" BUTTON BELOW, YOU CONSENT TO USE AND ACCEPT ELECTRONIC SIGNATURES, ELECTRONIC RECORDS, AND ELECTRONIC DISCLOSURES IN CONNECTION WITH THIS TRANSACTION. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE RECORDS IN THE DESIGNATED FORMATS DESCRIBED ABOVE, AND YOU UNDERSTAND THAT YOU MAY REQUEST A PAPER COPY OF THE RECORDS AT ANY TIME AND AT NO CHARGE. IF YOU DO NOT GIVE YOUR CONSENT OR IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS DESCRIBED IN THIS DOCUMENT, THEN CLICK THE "I DO NOT AGREE" BUTTON BELOW.
I have read and understand and accept the terms of the Consent for Electronic Records.
How long have you lived in your home:
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Do you Rent or Own?
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Driver's license number:
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Vehicle Information
Year:
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Make:
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Model:
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Trim:
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VIN:
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Employment Information
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Work Address
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Average Paycheck:
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Direct Deposit?
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What type of income is this?
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Last payday:
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Next payday:
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Arbitration Agreement:
Arbitration Agreement
ARBITRATION AGREEMENT
DEFINITIONS. We, our, and us each means American Title Loans, and you and your each means the credit applicant identified above. Transaction means, collectively, the account with us for which you are applying and each and every credit transaction that you and we ever complete following your submission of this Credit Application. Agreement means, collectively, each and every credit agreement, loan agreement, or other written agreement that you and we ever enter into following your submission of this Credit Application. Claim means any claim, dispute, or controversy arising from or relating to this Agreement, this Transaction, any other agreement or transaction that you and we have ever entered into or completed in the past, or any other conduct or dealing between you and us. A court or arbitrator interpreting the scope of this Arbitration Agreement should broadly construe the meaning of Claim so as to give effect to your and our intention to arbitrate any and all claims, disputes, or controversies that may arise between you and us. Consistent with this broad construction, Claim includes (but is not limited to) each of the claims, disputes, or controversies listed below.
A Claim includes any dispute or controversy regarding the scope, validity, or enforceability of this Arbitration Agreement. For example, a Claim includes any assertion by you or us that this Arbitration Agreement is unenforceable because applicable usury, lending, or consumer protection laws render the underlying Transaction void or unenforceable. A Claim also includes any assertion by you or us that this Arbitration Agreement is unenforceable because it lacks fairness or mutuality of obligations, conflicts with bankruptcy or other federal laws, improperly limits your or our remedies for the others violation of laws, or unduly restricts your or our access to the court system. Finally, a Claim includes any assertion by you or us that this Arbitration Agreement is unenforceable because you or we did not receive notice of or understand its provisions, you or we need to discover the filing fees or administrative costs associated with commencing an arbitration proceeding, or you or we believe the arbitration firm or the arbitrator will be unfair or biased.
A Claim includes any claim that you assert against a person or entity related to us including our parent company, affiliated companies, directors, officers, employees, agents, and representatives and any claim that we assert against a person or entity related to you. For the purpose of this Arbitration Agreement, references to we, our, and us and references to you and your include such related persons or entities. You and we agree that these related persons and entities may elect to arbitrate any Claim asserted against them even though they have not signed this Arbitration Agreement.
A Claim includes any statutory, tort, contractual, or equitable (i.e., non-monetary) claim. For example, a Claim includes any claim arising under the following: a federal or state statute, act, or legislative enactment; a federal or state administrative regulation or rule; common law (i.e., non-statutory law based on court cases); a local ordinance or zoning code; this Agreement or another contract; a judicial or regulatory decree, order, or consent agreement; or any other type of law.
A Claim includes (but is not limited to) any claim based on your or our conduct before you and we consummated this Transaction. For example, a Claim includes any dispute or controversy regarding our advertising, application processing, or underwriting practices, our communication of credit decisions, or our provision of cost-of-credit or other consumer protection disclosures.
A Claim includes any request for monetary damages or equitable remedies, whether such request is asserted as a claim, counterclaim, or cross-claim.
RIGHT TO REJECT ARBITRATION If you do not want to arbitrate all Claims as provided in this Arbitration Agreement, then you have the right to reject the Arbitration Agreement. To reject arbitration, you must deliver written notice to us at the following address within 30 days following the date of this Credit Application: American Title Loans, Attn: Arbitration Opt-Out, 5511 E 82nd St, Suite A, Indianapolis, IN 46250. Nobody else can reject arbitration for you; this method is the only way you can reject the Arbitration Agreement. Your rejection of the Arbitration Agreement will not affect your right to credit, how much credit you receive, or any contract term other than the Arbitration Agreement.
MANDATORY ARBITRATION UPON ELECTION. Subject to your right to reject arbitration (explained in Section 2 above) and subject to the small claims court exception (explained in Section 4 below), you and we agree to arbitrate any Claim if the person or entity against whom a Claim is asserted elects to arbitrate the Claim.
Consequently, if the person or entity against whom a Claim is asserted elects to arbitrate the Claim, then neither you nor we may file or maintain a lawsuit in any court except a small claims court and neither you nor we may join or participate in a class action, act as a class representative or a private attorney general, or consolidate a Claim with the claims of others.
A person or entity against whom a Claim is asserted may elect to arbitrate the Claim by providing oral or written notice to the person asserting the Claim (i.e., the claimant). Such notice need not follow any particular format but must reasonably inform the claimant that arbitration has been elected. For example, if you or we file a lawsuit against the other, then the other provides sufficient notice if the other orally informs the claimant that the other elects to arbitrate the Claim or if the other files a pleading (i.e., a document filed in court) requesting the court to stay (i.e., freeze) the court case and refer the Claim to arbitration.
SMALL CLAIMS COURT EXCEPTION. You and we may ask a small claims court to decide a Claim so long as no party to the small claims court lawsuit seeks to certify a class, consolidate the claims of multiple persons, or recover damages beyond the jurisdiction of the small claims court. If you file a small claims court lawsuit against us, then we lose the right to elect arbitration of your Claim (but not of other persons Claims). In contrast, if we file a small claims court lawsuit against you, then you retain the right to elect arbitration of our Claim.
ARBITRATION FIRM. The American Arbitration Association (AAA) (1-800-778-7879, www.adr.org) will administer the arbitration of Claims. The AAA will normally apply its Consumer Arbitration Rules then in effect to a Claim but may apply other types of procedural rules such as the AAAs Commercial Arbitration Rules then in effect if a party to the arbitration proceeding demonstrates that the application of such other procedural rules is appropriate. No matter what the arbitration firms procedural rules provide, you and we agree that the arbitrator must issue a written decision and may award any type of remedy including punitive damages and equitable relief that a court or jury could award if the Claim were litigated.
You and we also agree that an arbitration firm may not arbitrate a Claim as a class action or otherwise consolidate the Claims of multiple persons.
You may request a copy of the AAA's Consumer Arbitration Rules and other procedural rules at the toll-free phone number or URL (universal resource locator) identified above. If you object to the AAA as the arbitration firm, then the parties may agree to select a local arbitrator who is a retired judge or a registered arbitrator in good standing with an arbitration firm, provided that such local arbitrator must enforce all the terms of this arbitration agreement, including the class-action waiver.
The parties may not select a local arbitrator who refuses to enforce this arbitration agreement, including the class action waiver, because you and we waive any right to arbitrate a Claim on a class-action, representative-action, or consolidated basis.
When attempting to contact AAA or another arbitration firm, please recognize that phone numbers and URLs change frequently; you may need to update the contact information provided above with your own research.
PAYMENT OF ARBITRATION FEES; SELECTION OF FORUM. If you file a Claim with the AAA or another arbitration firm, the firm will usually ask you to pay a filing fee and may also ask you to pay in advance for some of the expenses the firm will incur when administering the arbitration proceeding. Upon your written request, we will pay to the arbitration firm any fees or advance administrative expenses that the arbitration firm requires you to pay as a condition to your filing a Claim with the firm. Additionally, we will pay any fees or expenses the arbitration firm charges for administering the arbitration proceeding, any fees or expenses the individual arbitrator or arbitrators charge for attending the arbitration hearing, and any fees a court charges you to file a lawsuit appealing the arbitration decision. We will pay these fees and expenses whether or not you prevail in the arbitration proceeding. Finally, we agree to hold the arbitration proceedings in the county of your residence or in any different location in the United States of your choice.
GOVERNING LAW. You and we acknowledge that this Transaction involves interstate commerce. Accordingly, you and we agree that both the procedural and the substantive provisions of the Federal Arbitration Act, 9 USC 1-16, govern the enforcement, interpretation, and performance of this Arbitration Agreement. Any court with jurisdiction may enforce this Arbitration Agreement. Additionally, any court with jurisdiction may enforce an arbitration decision rendered under this Arbitration Agreement if that arbitration decision has been properly registered as a judgment.
SURVIVAL; BINDING EFFECT; SEVERABILITY. You and we retain the right to invoke this Arbitration Agreement and to compel the arbitration of Claims even after your and our respective obligations under this Agreement have been completed, defaulted, rescinded, or discharged in bankruptcy. This Arbitration Agreement binds the heirs, successors, and assigns including any bankruptcy trustee of both you and us. Finally, if a court or arbitrator determines that any part of this Arbitration Agreement is unenforceable, then you and we agree that the court or arbitrator must fully enforce the remaining provisions that have not been invalidated.
NOTICE-OF-GRIEVANCE AGREEMENT
If the person or entity against whom a Claim is asserted declines to arbitrate the Claim or if a court or arbitrator determines that the above Arbitration Agreement is unenforceable, then you and we agree that neither you nor we may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from or relates to a Claim until the claimant has provided the other party written notice of the asserted Claim and afforded the other party a reasonable period after the giving of the written notice to take corrective action. If applicable law provides a time period which must elapse before certain action can be taken, then that time period will be deemed reasonable for the purpose of the preceding sentence.
AUTHORIZATION, AGREEMENT, AND REPRESENTATIONS
By clicking the "I Agree" button below, you authorize us to verify the accuracy of the information contained in this Credit Application by, among other actions, submitting your application to a consumer reporting agency, calling your employer to confirm employment, calling your residence to confirm a working home phone number, and obtaining your bank account information. If you obtain one or more Transactions from us, you further authorize us to service your Transactions by obtaining information about your location from the contact persons you have listed.
By clicking the "I Agree" button below, I represent and warrant that I am not a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer (or a dependent of such a member).
Furthermore, by clicking the "I Agree" button below, you also agree to all the terms of both the Arbitration Agreement and the Notice-of-Grievance Agreement set forth above.
Finally, you represent and warrant that all the information contained in this Credit Application is true and correct, that you are not currently a debtor in any bankruptcy proceeding, and that you do not intend to file a bankruptcy petition under any chapter of the U.S. Bankruptcy Code either during the term of a Transaction or within the 90 day period following your repayment of a Transaction.
I have read, understand, and accept the terms of the Arbitration Agreement.
By checking here you agree that we may (i) call you at any number provided on your credit application, including your cell phone, with an auto dialer or pre recorded message (ii) write you, via US postal service and/or electronic mail or (iii) contact you by text message or other wireless communication method on any telephone number listed on your application, in order to inform you about special promotions, savings and services we believe may be of interest to you as well as account status information. You may be charged by your wireless provider in order to receive text messages. You may change your contact preferences by logging into My Account and selecting "Update Info" at any time or by calling us at 855-269-8485 or emailing us at
support@americantitleloans.com
.
You must consent to receive electronic doucments to proceed.
You must accept the terms of the Arbitration Agreement to proceed.
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