Aleman Financial Services, AFS (collectively referred to as “Aleman Financial”, “Company”, “We”, “Us”)
5539 Enrique M Barrera Pkwy
San Antonio, TX 78227
Contact us: 210-469-6633 / email@example.com
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME AT OUR SOLE DISCRETION. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE OR DISCONTINUE YOUR USE OF THIS SITE AND SERVICES.
Purpose. We grant to you, for your personal use only, a nonexclusive, limited and revocable right to access and use the WEBSITE ADDRESS(the “Site” www.alemanfinancialservices.com). You agree not to use the Site or content for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Site without our prior written consent. Unauthorized use of our Site and systems, including but not limited to unauthorized entry into Company’s systems, misuse of passwords, or misuse of any information posted to the Site, is strictly prohibited. You acknowledge that your use of the Site may be monitored, tracked and recorded, and your use of our Site expressly consents to such monitoring, tracking and recording.
Access. This site may be accessed using most browsers and requires cookies to be enabled to apply for a loan and to use your account. Your information and application will be sent to us using the secure SSL industry standard encryption. You should receive an acknowledgement of receipt from us after submitting your application, if you do not, please check your spam folder, and then contact our customer service department. Please do not submit specific questions regarding your account through our Contact Us link, as this is not a secure form of communication. Please contact our customer service department, at the number provide at the Top of these Terms with questions regarding your application or account.
Privacy. Company’s privacy notice applied to your use of this Site and its terms are expressly incorporated by reference.
Consent to Electronic Communication or Consent to be Contacted. By providing your contact information and using this Site, You are expressly consenting to be contacted by the Company, its affiliates, Customer Services Representative or other agents of the Company us by telephone, email or text/SMS messages or mailing addresses in our records or from other public or non public data bases we may have lawful access and in connection with any such telephone calls, you consent to the use of pre-recorded/artificial voice message and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your account, loan, payments on your account or application even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution. The Company or its representatives can contact you for the services of your loan servicing, regarding the application, for anything related to your loan or application including reminders of your payments, collections and other loan-related issues. You further agree and acknowledge that we may use third party services and other providers to contact you on your behalf regarding your account or the Terms. You may change your contact preferences by contacting us at the number listed on the Contact Us page.
By providing our contact information and using this Site, by applying for a Loan or Service or providing information pursuant to an application for a Loan or Service, you are consenting to be contacted by us by email, text/SMS messages, written notices or telephone, at any telephone number, email address or mailing address on file or obtained from other public and nonpublic databases. For any telephone calls, you consent to the use an auto-dialer, prerecorded/non-person voice messages at any telephone number associated with you, including cellular/mobile telephone numbers that could result in charges to you for any matters including but not limited to those related to your loan or application, payments reminders, collection calls, and other loan-related issues. You hereby further consent that we may utilize third party service and other providers for the purposes of contacting you on our behalf in accordance with the Terms. If you wish to Opt-Out or change your contact preferences, contact us at the number listed on the Contact Us page.
Computer Equipment. The Company is not responsible for any errors or problems that arise from the malfunction or failure of your computer equipment. You may access our site and your account using any computer connected to the Internet, browsers supported include Internet Explorer 6 and above, Firefox, and Chrome. If you access your account from a public or shared computer, you are responsible for signing out of your account at the end of your session, and removing any personal information that may be collected by that computer.
Account Access, Passwords/Logins and Registration. The Company may at our option change the parameters for the password used to access the Site (“Password”) without prior notice to you, and if the Company does so, you will be required to change your password the next time you access your account. To prevent unauthorized access to your account, you agree to protect and keep confidential your account number, User ID, Password, or other means of accessing your account. Failure to do so could permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your account numbers, User IDs, and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity to use the Site on your behalf, or to access or use your account numbers, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity. If you believe someone may attempt to access or has accessed your account without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at the number listed on the Contact Us page.
Security and Information. You understand and acknowledge that a username and password is an adequate level of security. However, you also understand and acknowledge that no internet communications can be completely private or secure and any non-public information you send to the Site or Company may be intercepted or read by others even with the Company’s security measures to protect against such actions. You agree that as a condition of use of this Site that you will not: a) obtain a private or non-public information from any other user of the Site, b) attempt to or access data or information not intended for you, c) test the vulnerability, breach security or authentication measures without prior written authorizations, d) send email, text message or communications to any other users of the Site or any other person except within the scope of your intended use and e) attempt to interfere with the operation of the Site which may include but is not limited to sending spam, virus, flooding or overload communications/data or emails.
Submissions, Reviews, Feedback and other Postings to the Site. If you post, upload or submit any comments, information, files, images or other materials to us or the Site, or if you submit any materials through third party services, such as tweeting, by tagging us on Facebook (collectively, “Submissions”), you represent and warrant that you are the owner of or have the necessary rights and licenses to provide such Submissions. In addition you further agree to, and hereby grant to us, an irrevocable, and fully transferable no fee and royalty free right and license to use the Submissions at our sole and complete discretion and to use your name as provided in connection with your Submission or as set forth in your account. You are not allowed to provide any Submissions that (i) are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and Services.
Copyright Notices. The Site, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by the Company or Site. They may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent. If you believe something on the SITE has been reproduced in a manner that constitutes a copyright infringement or a violation, you can notify the COMPANY by: i) identification of the copyrighted work you believe is the subject to an infringement, identify the material you believe should be removed, ii) provide your name, address and contact number that the Company can contact you about your inquiry or complaint and iii) provide a signed statement that the above information is true and correct and that you are the copyright owner or authorized agent to act on behalf of the copyright owner. Upon receipt of such information, the Company will review and promptly remove, disable or other inactivate the materials. Please send such notices to: MAIL ADDRESS OR EMAIL ADDRESS
Trademark Notices. The names and logos of the Company or Site are owned by the Company, its successors, affiliates or agents and may not be used without prior written authorization.
Web Content and Materials: The information on this Site is for information purposes only. The Company makes every good faith effort to be accurate, but the Company does not warrant its completeness, timeliness, or accuracy. You agree that you will not engage in any activities related to the Site that are contrary to applicable law, regulation or the terms of any agreements you may have with us, and in circumstances where locations of the Site require a password or identification information, you will use reasonable security methods to prevent others from obtaining your password or other identifying information.
THE COMPANY MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. THE COMPANY RESERVES THE RIGHT TO TERMINATE ANY OR ALL OF THE SITE’S CONTENT OR SERVICES WITHOUT PRIOR NOTICE TO THE USER. THE AVAILABILITY OF THE SITE’S INFORMATION, PRODUCTS OR SERVICES DOES NOT MEAN THE COMPANY DISTRIBUTING OR SOLICITATING, TO ANY PERSON, TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES WHERE PROHIBITED BY LAW.
Potential Disruption of Service: Access to our Site may from time to time be unavailable, delayed, limited or slowed due to causes beyond the control of the Company and the Company makes no guarantees as to the availability of the Site.
LIMITATION OF LIABILITY: THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY MAKES NO WARRANTIES AND REPRESENTATIONS REGARDING OUR SITE. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, ACCURACY, ADEQUACY, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, THE COMPANY WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SOFTWARE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE OUR WEBSITE, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, INFORMED, KNEW OR REASONABLY SHOULD HAVE KNOWN, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Indemnification. You agree to defend, indemnify and hold the Company and its affiliates and its and their Members, Managers, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your identity breach of these Terms or violation of applicable law, any of your Submissions, your use or access of the Site, or access by anyone accessing the Site using your account.
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION.
THIS ARBITRATION AGREEMENT IS BETWEEN You (“You” or “Your”), and Aleman Financial Services (collectively referred to as “Aleman Financial”, “Company”, “We”, “Us”)
WAIVER OF JURY TRIAL AND ARBITRATION: Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an “arbitrator”) for a decision. Each party to the dispute has an opportunity to present evidence to the arbitrator. Pre-arbitration discovery may be limited. The arbitrator will issue a final and binding decision resolving the dispute, which may then be enforced by a court judgment. A court rarely overturns an arbitrator’s decision. It is acknowledged and agreed that this arbitration is intended to keep both parties’ costs down in the event of a disagreement, and is a material inducement to the parties to enter into this Agreement. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
- Disputes. For purposes of this Waiver of Jury Trial and Arbitration Agreement (hereinafter the “Arbitration Agreement”), the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Agreement, however excluding the validity and scope of this Arbitration Agreement and any claim or attempt to set aside this Arbitration Agreement; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to Your Loan, the information you gave us before entering into Your Loan, and/or any past and/or future claims or disputes between you and us; (c) all counterclaims, crossclaims and third party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal law; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, members, parent company or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (h) All claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as “Representative Claims”) ; and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any nonpublic personal information about you.
- Waiver. You acknowledge and agree that by entering into this Arbitration Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED.
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN SMALL CLAIMS COURT, RESOLVE ANY DISPUTE.
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE OR PARTICIPATE IN A CLASS ACTION. ANY DISPUTE MAY NOT BE CONSOLIDATED WITH THE DISPUTE OF ANOTHER PERSON.
- Class Waiver. Except as provided below, all disputes against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
- Notice and Choice of Arbitrator. Any party to a dispute, including related third parties, may send the other party written notice by U.S. Certified Mail of their intent to arbitrate, along with the subject of the dispute and the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association and arbitrate pursuant to such arbitrator’s rules. The party receiving notice of arbitration will respond in writing by U.S. Certified Mail within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by U.S. Certified Mail of your decision to select an arbitration organization or your desire to select a local arbitrator. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of your Loan Agreements, including the limitations on the arbitrator herein. You may obtain a copy of the rules and procedures by contacting the arbitration organizations listed above.
- Arbitration Fees and Hearing. Regardless of who demands arbitration, at your request we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”), and applicable statutes of limitation, and shall on or claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence, or within 30miles from such county, or in such other place as mutually agreed by the parties or ordered by the arbitrator. 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. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator’s award may be filed with any court having jurisdiction.
- Small Claims Court Exception. All parties may ask a small claims court to decide a Dispute that meets the requirements of the Small Claims Court, so long as no party to the small claims court lawsuit seeks to 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 Dispute (but not of other persons’ Disputes), however you may not consolidate or join the claims of others. Any Dispute, which is outside the jurisdiction of a small claims court, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims court shall be resolved by binding arbitration.
- Interstate Commerce. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final, non- appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of Missouri.
- Miscellaneous. This Arbitration Agreement is binding upon and benefits you, your respective heirs, successors and assigns, and is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Agreement continues in full force and effect, even if your Loan has been paid or discharged through bankruptcy. In the event that any of this Arbitration Agreement is held unenforceable, the remainder of the Arbitration Agreement shall be in full force and effect.
- OPTOUT PROCESS. You may choose to opt out of and not be subject to this Arbitration Agreement. You must notify us in writing within ninety (90) days of the date of this Agreement at the following address:[ COMPAN Y NAME AND ADDRESS Your written notice must include your name, address, transaction number, phone number, the date of this Agreement, and a statement that you wish to opt out of this Arbitration Agreement. Your notice to op tout will only apply to this particular transaction with us and not to subsequent or previous transactions. No one may reject the Arbitration Agreement on your behalf. This is the only way you can reject the Arbitration Agreement. 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.
Information from Children: You must be 18 years old to use the Site and the Company does not knowingly collect information from anyone under the age of 18, and we do not offer loans to anyone under 18. The Services are not available to persons under 18 or who are not legal residents of the USA.