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Terms & Conditions

Terms of Use

This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web site. KFF LLC ("KFF") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. This page also contains disclaimers of warranties and liability.

KFF LLC, owners of shopezcredit.com which is incorporated in the State of Indiana. For purposes of this Agreement, "KFF" means KFF LLC

Use of Material

KFF authorizes you to view and download a single copy of the material on this Web site ("Web Site") solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as Legal Notices on this Web Site and are incorporated into this Agreement by reference.

The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Financial Services

You represent and warrant to KFF that all of the information you have provided to us in your Application Form is true and complete. You authorize KFF:

  • To check your credit history;
  • To provide the information you submit in your Application Form and your credit history, to our third-party lenders; provided, however, that if you are not approved for financing by our third-party lenders, KFF may submit the referenced information to our strategic partners.

You further authorize our third-party lenders or strategic partners, to check your credit history (if it was not checked by us), if necessary to complete your financing request and to return their decision to you through KFF. You understand that our third-party lenders and/or strategic partners may keep this information in accordance with their respective policies, whether or not your request is approved.

KFF is not a lender and does not make loans or credit decisions in connection with you purchase or request for financing. KFF is not your agent and our services are administrative. Our third-party lenders and/or strategic partners are solely responsible for their services to you. KFF shall not be liable for any damages or costs of any type arising out of or in any way connected with your relationship/transaction with our third- party lenders and/or strategic partners

If you obtain financing through our third-party lenders and/or strategic partners, KFF will receive its compensation directly from the third-party lenders and/or strategic partners. Your use of our Web site and/or services demonstrates your approval of this compensation arrangement.

Errors and Delays

KFF is not responsible for any errors or delays in responding to an Application Form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

KFF Liability

The Material may contain inaccuracies or typographical errors. KFF makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

KFF DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR- FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KFF IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KFF AND ITS SUPPLIERS, THIRD-PARTY LENDERS, AND STRATEGIC PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. KFF AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL KFF, ITS SUPPLIERS, OR ANY OF ITS THIRD-PARTY LENDERS AND/OR STRATEGIC PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KFF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Submissions

Generally, any communication which you post to the Web Site is considered to be non- confidential. By posting communications to the Web Site, you automatically grant KFF a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

IAM uses extensive and sophisticated secure technology to protect your data and any transmissions between you and KFF. For a more information, please refer to our Security Statement. However, KFF cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

Links to Other Sites

The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by KFF of the contents on such third- party Web sites. KFF is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless KFF, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. KFF shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

User Information

KFF may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose information to third parties for such purposes as outlined in our Privacy Statement.

Pricing Information

All pricing listed on the site are offered by Community Finance LLC. This is a lease-to-own solution that is subject to underwriting review. All applicants will not qualify. This is not available in all states.

American First Finance Terms

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. California Residents: If you are married, you may apply for a separate account. Maine Residents: Consumer reports (credit reports) may be obtained in connection with this application. If you request, the creditor will inform you: (1) whether or not consumer reports were obtained, and (2) if reports were obtained, the names and addresses of the consumer reporting agencies (credit bureaus) that furnished the reports. New York Residents: A consumer credit report may be obtained in connection with evaluating your application and subsequently in connection with updates, renewals, or extensions of any credit for which this application is made. Upon your request, you will be informed whether a report was obtained, and if so, of the name and address of the consumer reporting agency. Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. Rhode Island Residents: A consumer credit report may be requested in connection with this application. Vermont Residents: I authorize the creditor to obtain credit reports on an ongoing basis about me from credit reporting agencies in connection with this extension of credit transaction. The creditor may obtain credit reports about me on an ongoing basis in connection with this extension of credit transaction for any one or more of the following reasons: (1) reviewing the account; (2) increasing the credit line on the account; (3) taking collection action on the account; or (4) any other legitimate purposes associated with the account. Washington Residents: Please advise us if the creditor should investigate your credit references and/or credit history under another name. Wisconsin Residents: No provision of a marital property agreement (including a Statutory Individual Property Classification Agreement pursuant to Wis. Stat. 766.587), a unilateral statement under Wis. Stat. 766.59, or a court decree under Wis. Stat. 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. By consenting below, you hereby: (1) Certify that all information you have provided on this application or in connection with this application is true, correct, and complete; (2) Understand and agree that FinWise Bank and its subservicer, American First Finance Inc. ("AFF"), (collectively, "we," "us," or "our") may contact any person or company listed for information about you, and you fully release all parties from all liability for any damage that may result. You may contact AFF by calling 855-721-1188 or by emailing info@americanfirstfinance.com; (3) Understand that this application is subject to approval; (4) Understand and agree that we may obtain a consumer report in connection with (a) your application, and/or (b) any update, renewal, or extension of any transaction as a result of your application or other transaction hereto related; (5) Understand that if you ask, you will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the report; (6) Understand that we may process a card authorization transaction to validate the card(s) listed on your application; (7) Understand that as part of our information collection process, we may detect additional bank accounts and/or payment cards under your ownership. We will consider these additional accounts/cards to be part of the application process. By applying, you authorize us to search for, evaluate, and initiate debits to bank accounts and/or payment cards under your ownership for this purpose; and (8) Agree that FinWise Bank; its subservicer, AFF; and their affiliates, successors, assigns, service providers, and agents (collectively, "Authorized Parties") can contact you about your account via email, telephone (including, but not limited to, calls to cell phones and any other service for which the called party is charged for the call or message), or text messages at any email address or phone number you provide to one or more Authorized Parties now or in the future, even if you are charged for the call or message. This consent includes, but is not limited to, contact by prerecorded or artificial voice messages, text messages, emails, and/or automatic telephone dialing systems. Message and data rates may apply. You certify that the number(s) you provide to one or more Authorized Parties are for phone number(s) that belong to you. You also agree that, from time to time, one or more Authorized Parties may monitor telephone conversations between you and the Authorized Party to assure the quality of customer service. You also agree to promptly notify AFF if any phone number you have provided is (i) surrendered by you, (ii) changed by you, or (iii) transferred from a residential line to a wireless/cellular line. By consenting below, you understand that this is an expensive form of credit. Our loans are designed to facilitate short-term financing needs for individuals who may not qualify for less expensive forms of credit. You should compare the cost of other financing options. You also understand that if you are approved and enter into a loan with us, you can choose to exercise an early payoff discount option. To do so, you must, within your early payoff discount period, prepay the then-current principal balance of the loan (including a non-refundable origination fee), plus the lesser of (a) an early payoff discount fee, or (b) the amount of accrued finance charges. The early payoff discount period will be specified in the "Prepayment" section of your Loan Agreement and will begin to run from the Finance Charge Start Date listed in your Loan Agreement. The Finance Charge Start Date is the estimated date of delivery of your goods or services, as provided to us by the retailer from whom you are purchasing the goods or services. If you do not exercise your early payoff discount option and you prepay after the early payoff discount period has expired, then you will be responsible for the principal amount of the loan (including a non-refundable origination fee), plus accrued interest.

American First Finance Arbitration Provision

VERY IMPORTANT. READ THIS ARBITRATION PROVISION CAREFULLY. IT SETS FORTH WHEN AND HOW CLAIMS (AS DEFINED BELOW UNDER THE CAPTION "CERTAIN DEFINITIONS") WILL BE ARBITRATED INSTEAD OF LITIGATED IN COURT. THIS ARBITRATION PROVISION GOVERNS "CLAIMS" YOU ASSERT AGAINST US, including our subsidiaries, affiliates, successors, assigns, service providers, and agents OR ANY "RELATED PARTY" OF OURS AND "CLAIMS" WE OR ANY RELATED PARTY ASSERT AGAINST YOU. IF YOU DON'T REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH SECTION 3 BELOW, UNLESS PROHIBITED BY APPLICABLE LAW, IT WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR WE RESOLVE ANY CLAIM. Unless prohibited by applicable law and unless you reject the Arbitration Provision in accordance with Section 3 below, you and we agree that either party may elect to require arbitration of any Claim under the following terms and conditions: Certain Definitions.


1. The words "you" and "your" mean each applicant who has submitted or signed this Application, jointly and individually. The words "we," "us," and "our" mean FinWise Bank and its affiliates, successors, assigns, servicers (including, but not limited to, American First Finance Inc.), service providers, and agents. "Application" means the application you have submitted to us and the application Terms and Conditions.
2. For purposes of this Arbitration Provision, our "related parties" include all parent companies, subsidiaries, and affiliates of ours and our and their employees, directors, officers, shareholders, governors, managers, and members.
3. The term "Claim" means any claim, dispute, or controversy between you and us (or our related parties) that arises from or relates in any way to this Application or any services you request or we provide under this Application ("Services"); any of our marketing, advertising, solicitations, and conduct relating to your request for Services; our collection of any amounts you owe; or our disclosure of or failure to protect any information about you. "Claim" is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, negligence, fraud, or other intentional wrongs), and equity. "Claim" includes disputes that seek relief of any type, including damages and/or injunctive, declaratory, or other equitable relief.
4. Notwithstanding the foregoing, "Claim" does not include any individual action brought by you in small claims court or your state's equivalent court, unless such action is transferred, removed, or appealed to a different court. In addition, except as set forth in the immediately following sentence, "Claim" does not include disputes about the validity, enforceability, coverage, or scope of the Arbitration Provision or any part thereof (including, without limitation, Sections 7(C), (D), and/or (E) of the Arbitration Provision (the "Class Action and Multi-Party Claim Waiver"), the clause in the third sentence of Section 12 of the Arbitration Provision beginning with the words "provided, however," and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Application as a whole is for the arbitrator, not a court, to decide. "Claim" also does not include any "self-help remedy" (that is, any steps taken to enforce rights without a determination by a court or arbitrator, for example, repossession and/or re-titling of a motor vehicle) or any individual action by you or us to prevent the other party from using any self-help remedy, so long as such self-help remedy or individual judicial action does not involve a request for monetary relief of any kind.
    - Pre-Dispute Resolution Procedure. Before either you, we or any related party commences, joins or participates in any judicial or arbitration proceeding regarding any Claim ("Proceeding"), in any capacity (including as an individual litigant or as a member or representative of any class or proposed class), the complaining party ("Complaining Party") shall give the subject of the Claim (the "Defending Party"): (1) at least 30 days' written notice of the claim ("Claim Notice"), explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding. If you are the Complaining Party, you must send any Claim Notice to American First Finance Inc., Attn: Legal Department, PO Box 565848, Dallas, TX 75356 (or such other address as we shall subsequently provide to you). If you are the Defending Party, any Claim Notice must be sent to you at your address appearing in our records or, if you are represented by an attorney, to your attorney at his or her office address. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within 30 days after the Claim Notice is received, the Complaining Party may commence a Proceeding, subject to the terms of the Arbitration Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of Section 9 of the Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages.
    - Right to Reject Arbitration. If you do not want this Arbitration Provision to apply, you may reject it within 30 days after the date of this Application by delivering to us at American First Finance Inc. (Servicer), Attn: Legal Department, PO Box 565848, Dallas, TX 75356, a written rejection notice which: (a) provides your name, your address, and the date of this Application; and (b) states that you are rejecting the Arbitration Provision in the Application. If you want proof of the date of such a notice, you should send the rejection notice by "certified mail, return receipt requested." If you use such a method, we will reimburse you for the postage upon your request. Nobody else can reject arbitration for you (except an attorney at law you have personally retained); this is the only way you can reject arbitration. Your rejection of arbitration will not affect your right to Services or the terms of this Application (other than this Arbitration Provision).
    - Arbitration Election. A Proceeding may be commenced after the Complaining Party complies with the Pre-Dispute Resolution Procedure. The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this Section 4. If a lawsuit is filed, the Defending Party may elect to demand arbitration under this Arbitration Provision of some or all of the Claims asserted in the lawsuit. To avoid piece-meal Proceedings to the extent possible, the Complaining Party must assert in a single lawsuit or arbitration all of the Claims of which the Complaining Party is aware and the Defending Party must demand arbitration with respect to all or none of the Complaining Party's Claims. Also, if the Complaining Party initially asserts a Claim in a lawsuit on an individual basis but then seeks to assert the Claim on a class, representative, or multi-party basis, the Defending Party may make such a demand. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If you demand that we arbitrate a Claim initially brought against you in a lawsuit, your demand will constitute your consent to arbitrate the Claim with the administrator of our choice, even if the administrator we choose does not typically handle arbitration proceedings initiated against consumers. Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provision and the applicable rules of the arbitration administrator in effect at the time the arbitration is commenced. The arbitration administrator will be the American Arbitration Association ("AAA"), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org.; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, the administrator will be selected by a court with jurisdiction. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any arbitration administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi-Party Claim Waiver. The arbitrator will be selected under the administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.
    - Non-Waiver. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. For example, if we file a lawsuit against you in court to recover amounts due under the Application, you have the right to request arbitration, but if you do not elect to request arbitration, we reserve and do not waive the right to request arbitration of any Claim (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision.
    - Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve the Claim based on the papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator's or arbitrator's filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts, and witnesses if you are the prevailing party or if we are required to pay such amounts by applicable law or by the administrator's rules. The arbitrator shall not limit the attorneys' fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorneys' and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.
    - No Class Actions or Similar Proceedings; Jury Trial Waiver; Special Features of Arbitration. IF YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (A) HAVE A COURT OR A JURY DECIDE THE CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
    - Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision, or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section shall be determined exclusively by a court and not by the administrator or any arbitrator.
    - Getting Information. In addition to the parties' rights under the administrator's rules to obtain information before the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.
    - Special Payment. If (a) you submit a Claim Notice on your own behalf (and not on behalf of any other party) and comply with all of the requirements (including timing and confidentiality requirements) of the Pre-Dispute Resolution Procedure; (b) we refuse to provide you with the money damages you request before an arbitrator is appointed; and (c) an arbitrator issues you an award that is greater than the latest money damages you requested at least ten days before the date the arbitrator was selected, then we will:
    - Pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
    - Pay your attorney, if any, a premium in addition to the amount of attorneys' fees and expenses (including expert witness fees and costs) that was awarded by the arbitrator in this arbitration in the amount equal to the lesser of $2,500 or fifty percent of the arbitrator's attorneys' fees award ("the attorney premium").
    - The right to attorneys' fees and expenses discussed in this section 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 the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative or multiplier awards of attorneys' fees or costs.
    - Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. S1, et seq. (the "FAA"); and (2) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000). For Claims involving more than $50,000, any party may appeal the award to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. Costs in connection with any such appeal will be borne in accordance with Section 6 of this Arbitration Provision.
    - Governing Law. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration, provided that the law of Utah, where we are headquartered, shall be applicable to the extent that any state law is relevant in determining the enforceability of this Arbitration Provision under Section 2 of the FAA. The arbitrator is bound by the terms of this Arbitration Provision. The arbitrator shall follow applicable substantive law (to the extent consistent with the FAA), applicable statutes of limitation, and applicable privilege rules, and the arbitrator shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys' fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
    - Survival; Primacy; Severability. This Arbitration Provision shall survive the full performance of Services under this Application; any rescission or cancellation of this Application; our sale or transfer of this Application or our rights under this Application; any legal proceeding by us to collect a debt owed by you; and your (or our) bankruptcy. In the event of any conflict or inconsistency between this Arbitration Provision and the administrator's rules or the rest of this Application, this Arbitration Provision will govern. If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply; provided, however, that:
    - If Section 7(C), (D), and/or (E) is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding. In the event of any conflict or inconsistency between this Arbitration Provision and the administrator's rules or the rest of this Application, this Arbitration Provision will govern.
    - If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in Section 7 prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.
    - Jury Trial Waiver. YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS APPLICATION.

American First Finance Consent to Receive Marketing Calls and Texts

By clicking this checkbox, you authorize FinWise Bank; its sub-servicer American First Finance (AFF); and their affiliates, successors, assigns, service providers, and agents (collectively, "Authorized Parties") to contact you for telemarketing purposes via telephone (including, but not limited to, calls to cell phones and any other service for which the called party is charged for the call or message) or text message at any phone number you provide to one or more Authorized Parties now or in the future, even if you are charged for the call or message. This consent includes, but is not limited to, contact by prerecorded or artificial voice messages, text messages, and/or automatic telephone dialing systems. Message and data rates may apply. You certify that the number(s) you provide to one or more Authorized Parties are for phone(s) that belong to you. You also agree to promptly notify AFF if any phone number you have provided is (i) surrendered by you, (ii) changed by you, or (iii) transferred from a residential line to a wireless/cellular line. You are not required to provide consent to obtain any property, goods, or services through FinWise Bank or AFF. If you do not wish to receive telemarketing messages or calls from the Authorized Parties you should not click this checkbox.

Other Terms

The Web Site is based in Indiana. KFF makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. By using the Web Site you agree that jurisdiction over the venue of any lawsuit shall be exclusively in the State and Federal courts sitting in the U.S. District Court for the Southern District of Indiana. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except where expressly provided otherwise, this Agreement constitutes the entire Agreement between you and KFF with respect to the use of Web Site and any services we provide. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any changes to this Agreement must be made in writing, signed by an authorized representative of KFF.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.