Alphaeon Client

Alphaeon's Prequalification Terms

Alphaeon's Prequalification Terms (the “Terms”) outline the relationship between you and Alphaeon Credit. As used in these Terms, “we,” “our,” “us” and “Company” refers to Alphaeon Credit, and "you" and "your" mean the consumer electronically agreeing to these Terms. For the purpose of the Arbitration Agreement, “we,” “our,” “us” and “Company” also refers to Alphaeon's parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, successors, and assigns.

The Terms only apply to the relationship between you and Company, and do not apply to any other relationships you may have with third parties as a result of your relationship with Company. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT.

GENERAL TERMS AND CONDITIONS.

Company's Service. Company is providing you with a platform (the “Platform”) through which you may submit prequalification inquiries for review by Comenity Capital Bank, Covered Care, American First Finance, FinWise Bank serviced by American First Finance. You direct us to send your information to Comenity Capital Bank, Covered Care, American First Finance, FinWise Bank serviced by American First Finance as we may choose, to determine if Comenity Capital Bank, Covered Care, American First Finance, FinWise Bank serviced by American First Finance want to prequalify you for credit, and you direct each of them to notify us regarding any offer for which you may prequalify. The address of Comenity Capital Bank is Comenity Capital Bank PO Box 183003 Columbus, OH 43218-3003, the address of Covered Care is 5050 Quorum Dr Suite 250 Dallas, TX 75254, and the address for American First Finance and FinWise Bank serviced by American First Finance is American First Finance PO Box 565848 Dallas, TX 75356. You authorize Alphaeon, Comenity Capital Bank, Covered Care, American First Finance and FinWise Bank serviced by American First Finance to share application, consumer report and other information about you among themselves in order to determine if you prequalify.
Company is Not a Creditor. Company is not a creditor. The prequalification inquiries are being submitted through Company's Platform to third-party creditors for consideration. Company has no input into the third-party creditor's prequalification criteria, nor does it have any decision-making authority for the prequalification decision. Company is not liable for any damages that may result from interactions or dealings with any third-party creditors.
Prequalification Inquiries are Not Credit Applications. The prequalification inquiries are not credit applications. Instead, they are an opportunity for participating creditors to provide information to you so you can decide whether to apply for credit from such creditors.
Use of the Platform. The Company makes no representations or guarantees that use of the Platform will result in an offer of credit. The Platform is a tool through which you may submit prequalification inquiries. It is in the sole discretion of any third-party creditor to extend credit.
Your Representations. By saving your information with and/or submitting a prequalification inquiry through Company, you represent that the information you have provided is accurate, complete, and up-to-date. You agree that only you will use any account set up in your name, and that you will not share any log-in credentials with third parties or otherwise facilitate unauthorized access to your account. You agree that you are responsible for all activities that occur in connection with your account. If you believe that your account has been compromised or is no longer secure, you agree to immediately notify Company.

ARBITRATION AGREEMENT.

In consideration for the mutual promises to arbitrate “Disputes,” as defined below, for your access to and use of the Platform provided by Company, and for other valuable consideration, you agree to the specific provisions below (unless you are a covered borrower under the Military Lending Act).

Background and Scope

What is arbitration?	An alternative to court	In arbitration, a third party (“Arbiter”) solves Disputes in a hearing (“hearing”). You, related third parties, and we, waive the right to go to court. Such “parties” forgo jury trials.
Is it different from court and jury trials?	Yes.	The hearing is private and less formal than court. Arbiters may limit pre-hearing fact finding, called “discovery.” The decision is final. Courts rarely overturn Arbiters.
Who does the Clause cover?	You, Us, andOthers.	This Clause governs the parties, their heirs, successors, assigns, and third parties related to any Dispute.
Which Disputes are covered?	All Disputes.	In this Clause, the word “Disputes” has the broadest possible meaning. This Clause governs all “Disputes” involving the parties. This includes all claims even indirectly related to your application, relationship or agreement with us. It includes claims related to setting aside this Clause. It includes claims about the Clause's validity and scope. It even includes threshold claims about whether a particular Dispute is subject to this Clause and whether to arbitrate.
Are you waiving rights?	Yes	You waive your rights to: Have juries solve Disputes. Have courts, other than small-claims courts, solve Disputes. Serve as a private attorney general or in a representative capacity. Be in a class action.
Are you waiving class action rights?	Yes	COURTS AND ARBITERS WON'T ALLOW CLASS ACTIONS. You waive your rights to be in a class action, as a representative and a member. Only individual arbitration, or small-claims courts, will solve Disputes. You waive your right to have representative claims. Unless reversed on appeal, if a court invalidates this waiver, the Clause will be void.
What law applies?	The Federal Arbitration Act (“FAA”).	This transaction involves interstate commerce. Thus, the FAA governs. If a court finds the FAA doesn't apply, and the finding can't be appealed, then the state law where you were when you signed, governs. The Arbiter must apply substantive law consistent with the FAA. The Arbiter must follow statutes of limitation and privilege claims.
Can the parties try to solve Disputes first?	Yes	We can try to solve Disputes if you call us at 1 800 754 4013 (Alphaeon Legal Phone number). If this doesn't solve the Dispute, mail us written notice, within 100 days of the Dispute date. In your notice, tell us the details and how you want to solve it. We will try to solve the Dispute. If we make a written offer (“Settlement Offer”), you can reject it and arbitrate. If we don't solve the Dispute, either party may start arbitration. To start arbitration, contact an Arbiter or arbitration group listed. No party will disclose settlement proposals to the Arbiter during arbitration.
How should you contact us?	By mail.	Send mail to: 4040 MacArthur Blvd #260 Newport Beach, CA 92660. You can call us or use certified mail to confirm receipt.
Can small-claimscourt solve someDisputes?	Yes	Each party has the right to arbitrate, or to go to small-claims court if the small-claims court has the power to hear the Dispute. Arbitration will solve all disputes that the small-claims court does not have the power to hear. If there is an appeal from small-claims court, or if a Dispute changes so that the small-claims court loses the power to hear it, then the Dispute will only be heard by an Arbiter.
Do other options exist?	Yes	Both parties may go to court to use lawful self-help remedies. Both parties may seek remedies in court which don't claim money damages. This includes pre-judgment seizure, injunctions, or equitable relief.
Will this Clausecontinue to govern?	Yes, unless otherwise agreed.	The Clause stays effective, unless the parties sign an agreement stating it doesn't. The Clause governs if you rescind the transaction. It governs if you default, renew, prepay, or pay. It governs if you terminate the transaction. It governs if your transaction is impacted by bankruptcy. The Clause remains effective, despite a transaction's termination, amendment, expiration, or performance.

Process

How does arbitration start?	Mailing a notice.	Either party may mail the other a request to arbitrate, even if a lawsuit has been filed. The notice should describe the Dispute and relief sought. The receiving party must mail a response within 20 days. If you mail the demand, you may choose the arbitration group. Or, your demand may state that you want the parties to choose a local Arbiter. If related third parties or we mail the demand, you must respond in 20 days. Your response must choose an arbitration group or propose a local Arbiter. If it doesn't, we may choose the group.
Who arbitrates?	AAA, JAMS, or an agreed Arbiter.	You may select the American Arbitration Association (“AAA”) (1-800-778-7879) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. The parties may also agree in writing to a local attorney, retired judge, or Arbiter in good standing with an arbitration group. The Arbiter must arbitrate under AAA or JAMS consumer rules. You may get a copy of these rules from such group. Any rules that conflict with any of our agreements with you, don't apply. If these options aren't available, and the parties can't agree on another, a court may choose the group. The parties will then obtain an Arbiter under such group's rules. Such Arbiter must enforce your agreements with us, as they are written.
Will the hearing be held nearby?	Yes.	The Arbiter will order the hearing within 30 miles of your home or where the transaction occurred.
What about appeals?	Appeals are limited.	The Arbiter's decision will be final. A party may file the Arbiter's award with the proper court. Arbitration will solve appeals of a small-claims court judgment. A party may appeal under the FAA. If the amount in controversy exceeds $1,500, a party may appeal the Arbiter's finding. Such appeal will be to a 3-Arbiter panel from the same arbitration group. The appeal will be de novo, and solved by majority vote.

Arbitration Fees and Awards

Will we advance Arbitration Fees?	Yes, but you may pay costs.	We advance your “Arbitration Fees” if you ask us to. This includes filing, administrative, hearing, and Arbiter's fees. You pay your attorney fees and other expenses.
Are damages and attorney fees possible?	Yes, if allowed.	The Arbiter may award the same damages as a court. Arbiters may award reasonable attorney fees, and expenses, if allowed by law.
Will you pay Arbitration Fees if you win?	No.	If the Arbiter awards you funds, you don't reimburse us the Arbitration Fees.
Will you ever pay Arbitration Fees?	Yes/No.	If the Arbiter doesn't award you funds, then you may repay the Arbitration Fees. The Arbiter will decide whether you'll pay. If you must pay Arbitration Fees, the amount won't exceed state court costs.
What happens if you win?	You could get more than the Arbiter awarded.	If an Arbiter's award to you exceeds our last Settlement Offer, we will pay 3 amounts. We will pay the greater of the award amount or $500.00 (“bonus payment”). We will pay your attorney twice the attorney fees conferred (“attorney premium”). If the Arbiter orders, we will pay reasonable expert witness costs and other costs you incurred (“cost premium”). If we never made a Settlement Offer, we will pay the bonus payment, attorney premium, and any cost premium. The Arbiter may order the process for payment. If a law allows you more, this Clause won't prevent such award. We won't seek attorney fees and expenses.
Can an award be explained?	Yes.	A party may request details from the Arbiter, within 14 days of the ruling. Upon such request, the Arbiter will explain the ruling in writing.

Other Options

If you don't wantto arbitrate, can you still get a transaction?	Yes. You can get our services and decide not to arbitrate.	Consider these choices: Informal Dispute Resolution. Contact us, and attempt to settle any Disputes. Small-claims Court. Seek to solve Disputes in small-claims court, within state law limits. Get an Agreement Without the Clause. Write to us for an Agreement without the Clause. Opt-Out of Arbitration. Sign and then timely opt-out.
Can you opt-out of the Clause?	Yes. Within 60 days.	Write us at the address above within 60 calendar days of signing your agreement to opt-out of the Clause for that agreement. Provide your name, address, account number and date. State that you “opt out.” If you opt out, it will only apply to that agreement.