AGREEMENT BETWEEN USER AND AMWEST PROPERTIES, LLC.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH AMWEST ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Transactions may be subject to additional verification. We may require additional information to verify the information submitted. If you are unable to provide the requested information or if the information does not verify the information submitted, your transaction may be cancelled.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES
The AMWEST Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or contain links to the sites of others, including, but not limited to, unaffiliated third-party vendors and promotional partners ("Third-Party Materials"). The Third-Party Materials may contain our trademarks, logos, and intellectual property as we may license third parties this right from time to time. Regardless, the Third-Party Materials are not under our control and we are not responsible for the contents of any Third-Party Materials, including without limitation any content or link contained in Third-Party Materials, or any changes or updates to Third-Party Materials. We are not responsible for webcasting or any other form of transmission received from any Third-Party Materials. We are providing the content and links to you only as a convenience, and the inclusion of any content or link does not imply endorsement by us of the Third-Party Materials or any association with the owners or operators of the Third-Party Materials. You acknowledge and agree that AMWEST is not responsible for Third-Party Materials, including its accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. AMWEST does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Your access to and use of Third-Party Materials is entirely at your own risk and subject to each third party's terms and conditions.
We may use web beacons, pixel tags, .gif files, and the like, that allow for the collection of information about your interactions on the AMWEST Services. These technologies may be used, for example, to place advertisements, to understand site traffic patterns and the number of visitors to the AMWEST Services, and to measure the effectiveness of advertisements or the AMWEST Services. Web beacons, and the like, also enable third-parties involved in advertising operations to recognize your browser as you navigate to other websites and are necessary for the online delivery or placement of certain types of ads. By accepting these terms you provide your prior consent for AMWEST to collect this information from any device you use to access the AMWEST Services, including but not limited to, AMWEST-leased devices, devices leased by AMWEST subsidiaries or affiliates, user-owned devices, or devices owned by third parties.
NO UNLAWFUL OR PROHIBITED USE
MATERIALS PROVIDED TO OR POSTED ON THE AMWEST SERVICES
COPYRIGHT AND TRADEMARK NOTICES
All content included in or made available through the AMWEST Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AMWEST or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the AMWEST Services is the exclusive property of AMWEST and protected by U.S. and international copyright laws. All rights reserved.
The trademarks, trade dress, logos, and service marks displayed on the AMWEST Services (collectively the "Trademarks") are our registered and unregistered trademarks or those of our affiliates or suppliers in the U.S. and other countries. Under no circumstances may you copy, alter, modify, or change the Trademarks. Nothing contained in the AMWEST Services should be construed as granting any license or right to use any of the Trademarks without our express permission. Any rights not expressly granted herein are reserved. All trademarks not owned by AMWEST that appear in any of the AMWEST Services are the property of their respective owners.
One or more patents owned by AMWEST may apply to the AMWEST Services and/or to the products, features and services accessible via the AMWEST Services.
INTELLECTUAL PROPERTY INFRINGEMENT
AMWEST respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please submit written claims to:
6320 W. Cheyenne Avenue
Las Vegas, NV 89108
Written claims concerning infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located within the AMWEST Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.
LICENSE AND ACCESS
- use the AMWEST Services on any devices that you do not own or have a right to control and operate;
- copy the AMWEST Services;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the AMWEST Services;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the AMWEST Services or any part of the AMWEST Services;
- remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the AMWEST Service, including any copy of these notices;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the AMWEST Services, or any features or functionality of the AMWEST Services, to any third party for any reason.
We reserve the right, in our sole discretion, to terminate your access to the AMWEST Services and the related services or any portion thereof at any time, without notice.
ADDITIONAL SOFTWARE TERMS
The following terms ("Software Terms") apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with the AMWEST Services, including any mobile application we make available to you (the "AMWEST Software").
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the AMWEST Software, whether in whole or in part.
- Updates. We may from time to time in its sole discretion offer automatic or manual updates to the AMWEST Services and AMWEST Software without notice to you. Updates may include upgrades, bug fixes, patches, other error corrections, and new features. Such updates may also modify or delete in their entirely certain features and functionality. You agree that AMWEST has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when connected to the internet, the AMWEST Services will either automatically download and install all available updates, or you may receive notice of or be prompted to download and install available updates. You agree to promptly download and install all updates and acknowledge and agree that the AMWEST Services or portions thereof may not properly operate should you fail to do so. You further agree that all updates are deemed part of the AMWEST Services and are subject to all terms and conditions of this Agreement.
You may need an AMWEST account to use certain AMWEST Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Your credentials should be unique, difficult to guess, different from your other credentials, and should not be shared with others. AMWEST does not sell or lease products or provide services to children. AMWEST reserves the right to refuse service, terminate accounts, terminate your rights to use the AMWEST Services, remove or edit content, or cancel orders in its sole discretion.
When you use apps created by AMWEST you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by AMWEST by following these instructions.
For most Android devices:
- Open the main Settings app.
- Select Apps or Application Manager.
- Select an app.
- Scroll to Permissions to see the features the app has permission to use.
For most iOS devices:
- Open the iOS Settings screen.
- Select the app to see the features the app has permission to use.
For most Windows devices:
- On the Start screen, tap or click Store to open the Windows Store.
- Search or browse for an app, and then tap or click it.
- Scroll to the Details section of the app's description page to see the features the app has permission to use.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
DISPUTES/ARBITRATION/CLASS ACTION WAIVER
1. DISPUTES SUBJECT TO INDIVIDUAL ARBITRATION/ CLASS ACTION WAIVER YOU AND WE AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATING IN ANY WAY TO THE AMWEST SERVICES ("Disputes") SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. This Agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, or any other legal or equitable theory. Notwithstanding this Arbitration Agreement, you or AMWEST may bring Disputes in an appropriate small claims court so long as the relief requested falls within the jurisdiction of the small claims court, but neither you nor AMWEST may bring claims in any other court. You and we agree that any questions about the scope or enforceability of this Arbitration Agreement will be decided by a court, not the arbitrator. You agree that we may file a lawsuit in court to enjoin infringement or other misuse of intellectual property rights.
YOU AND WE EXPRESSLY AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS ACTION SOMEONE ELSE BRINGS IN COURT. You and we acknowledge that this class action waiver is integral to the Arbitration Agreement. If a court or arbitrator determines that the class action waiver is invalid or unenforceable, you and we both agree that this Arbitration Agreement will not apply, and any Dispute shall be resolved in court. That is, you and we agree that this class action waiver cannot be severed from this Arbitration Agreement. It is the express intention of both parties not to proceed with any Dispute by way of class arbitration. We also both agree that you or we may bring suit to enjoin infringement or other misuse of intellectual property rights. Arbitration is a process to resolve disputes before a neutral person (an arbitrator) instead of having a trial in court with a judge and/or jury. THEREFORE, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING YOUR RIGHTS TO TRIAL BY JURY. YOU ARE ALSO WAIVING YOUR RIGHTS TO BRING CLAIMS IN COURT AND TO BRING OR PARTICIPATE IN A CLASS ACTION. An arbitrator can award the same damages and relief as a court except that, in the case of injunctive or declaratory relief, an arbitrator cannot issue an injunction or declaratory judgment that extends beyond you and AMWEST and affects AMWEST obligations or liability to other parties. An arbitrator can, however, issue an injunction or declaratory judgment on your claims so long as it is limited to providing you with individual relief. Arbitration is more informal than litigation and generally provides a quicker and more cost-effective way to resolve Disputes, but there is only limited discovery in arbitration, and there is only very limited review of an arbitrator's decision.
2. ARBITRATION PROCEDURES AND RULES You and AMWEST agree that this Arbitration Agreement is subject to and governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. Arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Consumer Related Disputes Supplemental Procedures. Those rules are available at www.adr.org. or by calling the AAA at 1-800-778-7879. A single arbitrator will decide our Disputes. To initiate an arbitration, you must file a demand for arbitration with the AAA, following the AAA's rules and procedures as set forth at www.adr.org. Arbitration shall be held in the state in which you reside at the time you initiate the arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
3. COSTS AND ATTORNEY'S FEES IN ARBITRATION If you file an arbitration claim against AMWEST hereunder, AMWEST agrees to pay the AAA initial filing fee on your behalf for claims totaling less than $1,000, unless the arbitrator determines that the claims are frivolous. Except for such initial filing fee, you and we agree that we will each be responsible for our own costs and attorneys' fees in arbitration. The arbitrator's fees will be divided between us as set forth in the AAA's Consumer Related Disputes Supplemental Procedures. If you are the prevailing party in the arbitration, AMWEST agrees to pay you for any arbitrator fees you paid in the arbitration or to pay the arbitrator for any fees owed by you. If you prevail in the arbitration and are entitled to recover your attorneys' fees or costs under an applicable statute or common law doctrine, then the arbitrator has the authority to award you such fees and costs but is not required to do so. AMWEST agrees that it will not seek to recover its attorneys' fees and costs from you even if it prevails in the arbitration and is entitled to recover those fees and costs under an applicable statute or common law doctrine, unless the arbitrator determines that the claims are frivolous.
CUSTOMER TRANSACTION – CONFLICTS
When you use the AMWEST Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through the AMWEST Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your cellular provider's message & data rates may apply to your use of the AMWEST Services, and payment is your responsibility.
TEXT/SMS WIRELESS CALLING POLICY
When you provide AMWEST with your mobile phone number, you expressly consent to AMWEST sending you text messages to the phone number designated regarding lease deals, merchandise, surveys, and special offers. You also expressly consent to receiving texts messages, as well as auto-dialed, pre-recorded calls to your wireless and other numbers regarding account management and payments (described further below in "Content of Text Messages and Wireless Calls"). AMWEST will send up to 12 text messages per month. Your cellular provider's message & data rates may apply, and payment is your responsibility. Text messages will be sent via automatic telephone dialing system or through other automated software. AMWEST cannot guarantee message delivery. Your consent to receive marketing text messages does not mean you are obligated to make a purchase or lease anything, nor is providing your consent to receiving marketing text messages a condition of any purchase or lease.
You agree to notify us immediately if you change your mobile phone number. If we modify this Text/SMS Wireless Calling Policy, we will notify you by sending you a text message with a link to the new policy. We may terminate our text message program at any time.
Opt-Out If you wish to stop receiving text messages from AMWEST, reply to any text message we sent to you by texting the word STOP. You agree to receive a final text message confirming your opt-out.
Participating Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Cricket, U.S. Cellular, MetroPCS, Alltel, Boost Mobile, and Virgin Mobile.
Content of Text Messages and Wireless Calls: In addition to agreeing to receive text messages regarding lease deals, merchandise, surveys, and special offers, you agree that AMWEST or its agent(s) may contact you regarding account management or payments for any lease transaction at any mobile phone number(s) you provide to AMWEST or that AMWEST obtains for you. This consent includes telephone calls or SMS text messages placed using an artificial or pre-recorded voice or an automatic telephone dialing system or predictive dialer. You understand that, when you receive such calls, texts, or emails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that AMWEST will not be liable to you in any way for calls or texts placed pursuant to this consent.
SANCTIONS AND EXPORT POLICY
You may not use any of the AMWEST Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the AMWEST Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including AMWEST Software), technology and services.
Last Updated November 22, 2023