PRIVACY POLICY
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A+ Leasing LLC (“A+”) respects the privacy of our customers. We have prepared this privacy policy (“Privacy Policy”) to provide you with information about how we collect, use, share, and protect your personal information. Please read this Privacy Policy carefully before using our website, or applying for financing from A+ Leasing. By using our website you accept this Privacy Policy. We may amend this Privacy Policy at any time and will attempt to provide you with reasonable notice of any changes.
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How A+ collects your information
Information A+ collects about you
A+ collects information about you (“Personal Information”) and your use of our website, some of which may not be personally identifiable (“NPI”). We collect Personal Information and NPI about our customers and website visitors, in these primary ways: directly from our customer or website visitor; from or about customers and applicants buying or leasing products from us or a merchant; from our web server & application logs, cookies, web beacons, and similar technologies; and from third-parties.
We define Personal Information as information that directly identifies an individual, such as name, residential street address or postal address, email address, Social Security number, date of birth, driver’s license number, government issued identification number, phone number, credit card number, bank account or other financial institution account number, and user name and password when you use our website portal to make payments.
We define Non-Personally Identifiable Information, or NPI, as information about an individual or about categories or groups of individuals that does not identify you individually, such as randomly assigned values in “cookies” and other technical information. We also collect other information that may not identify you individually, such as occupation and other employment information, source of income, and other information.
Information A+ learns from your Use
When you visit our website, we may collect information sent to us by your computer, mobile phone, or any other device. This information could include your IP address, device information including but not limited to identifier, name and type, operating system, location, mobile network information and standard web log information, such as your browser type, traffic to and from our site, the pages you accessed on our website, and any other available information. We may also collect information about your use and interaction with our website. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity that may affect the availability of our website. When you use our website, we may also store information based on your usage history. This includes, but is not limited to, details of your purchases, content you viewed, event information, clickstream information, and cookies that may uniquely identify your browser or your account. We may also collect information about you from any contact you have with any of our services or employees, such as, with our customer support team, in surveys, or through interactions with our affiliates.
Cookies and other tracking technologies
We or our third-party service providers may place and read data stored (via session and/or persistent “cookies” or other device specific storage capabilities) on the device you are using, and use other technologies such as Web beacons, clear GIFs, tracking pixels and tags, when you visit or use our website or open an A+ Leasing email. Cookies are small data files that are placed on your device for a variety of purposes, including to identify your device and/or your account when you return to our website.
You can generally remove, block, or disable cookies by using the settings located in your browser. If you decide to remove or not accept cookies, some features and services on our website may not work properly and the offers we provide when you visit or use our website may not be as relevant to you or tailored to your interests.
Information obtained from third parties
We may also obtain information about you from third parties such as credit reporting agencies and identity verification services. You may choose to provide us with access to certain personal information stored by third parties such as social media sites (such as Facebook and Twitter). The information we have access to varies by site and is controlled by your privacy settings on that site and your authorization. By associating an account managed by a third party with your A+ account and authorizing A+ to have access to this information, you agree that A+ may collect, store and use this information in accordance with this Privacy Policy.
How A+ protects your information
A+ stores and processes your information, maintaining physical, electronic, and procedural safeguards. We guard against unauthorized access to our systems and use safeguards such as firewalls and data encryption. We limit access to your personal information to only those employees who require it to fulfill the responsibilities of their job.
How A+ uses your information
To provide our services and products
We use your Personal Information and NPI primarily to review your lease contract application and provide you the ability to lease and/or purchase products, to ensure quality of service, to contact you, to provide you with offers or information about products and services, and to provide you with a personalized website experience.
How A+ shares your information
For our everyday business purposes
We share your personal information with employees, affiliates, vendors, partners, merchant partners, marketing providers, and third parties as required to offer A+ products or services. This includes, but is not limited to, processing transactions, maintaining your account, responding to court orders and legal investigations, litigation purposes, complying with audits or other investigations, and reporting to credit reporting agencies. We also engage the following types of service providers to perform functions on our behalf: billing and collection providers, auditing and accounting firms, professional services consultants, security vendors, and IT vendors. Occasionally, these service providers may also collect data directly from you and their privacy policies may also apply.
We may share your information with the merchants from which we acquire goods to lease to you, or from which you purchase goods or services or products, for marketing purposes, and as otherwise permitted by law.
When required by law
We will share your information with any party when required by law or by a government request to do so or to combat fraud or criminal activity.
What are your options?
Notifications
You can call us during normal business hours at (888) 972-7587 and inform us you no longer wish to receive communication or notification from A+. You will still be responsible for any amounts due to A+, even if we close or limit access to your account.
Contact A+
Contact us
You can write us anytime, or call during normal business hours at:
A+ Leasing LLC PO Box 79571 Houston, TX 77024
(888) 972-7587
Or better yet, send us an email: [email protected]
TERMS AND CONDITIONS OF APPLICATION
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You are applying for rent-to-own financing (a rental-purchase agreement) from A+ Leasing LLC (“A+”). A+ does its best to offer its financing when the purchaser has exhausted traditional financing such as credit cards, loans, or retail installment plans. Please read and understand these terms and conditions completely before submitting your application. You can reach out to A+ anytime by mail, phone, or email with concerns regarding your application process.
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CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES (“E-CONSENT”):
Please read this information carefully and print a copy and/or retain this information electronically for future reference.
Introduction
You are applying for a rental-purchase agreement through an online application provided by A+ Leasing LLC (hereinafter “we,” “us,” “our,” or “A+”). A rental-purchase agreement works by you first selecting a product from a qualifying retailer. If your application for a rental-purchase agreement is approved, we will buy the product from the retailer and rent (lease) the product to you in accordance with the terms and conditions in the rental-purchase agreement. The agreement will require you to rent the product for one month, and thereafter you can cancel at any time without any other liability. If you do not cancel, the agreement automatically renews from month-to-month, but the agreement will disclose the maximum number of months before you become the owner of the product. Our rental-purchase agreement also permits you to purchase the product early if you want to do so.
To consider your application, we need your consent to using and accepting electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving disclosures, notices and information via A+. By clicking “Sign-up,” “I Agree,” “Next, “or “Submit,” or other links assenting to our terms or other links assenting to our terms, you acknowledge you received this E-Consent and that you consent to using electronic signatures, records, and disclosures. Additionally, by clicking “Sign-up,” “I Agree,” “Next,” “Submit,” or other links assenting to our terms, you consent to conduct transactions by using electronic disclosures, electronic records, and contract documents ("Disclosures").
Option for Paper or Non-Electronic Records.
You may request a paper application and any Disclosures in paper copy by logging in and printing a paper copy. You may also mail us your written request to A+ Leasing, PO Box 79571 Houston, TX 77279. We will provide paper copies at no charge. A+ will retain all Disclosures as applicable law requires.
Scope of Consent.
This E-Consent applies to all interactions online concerning you and A+, and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, A+ will process your information and interact during all online interactions with you electronically. We will also send you notices electronically related to our interactions and transactions.
Consenting to Do Business Electronically.
Before you decide to do business electronically with A+ Leasing, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements.
To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape®, Safari®, Mozilla Firefox®, or Google Chrome® or similar software. To read most documents, you may need a PDF file reader like Adobe® Acrobat Reader XPdf® or Foxit® or similar software. If these requirements change while you are maintaining an active relationship with A+, and the change creates a material risk that you may not be able to receive Disclosures electronically, A+ will notify you of these changes. You will need a printer or a long-term storage device, such as your computer's disk drive, to retain a copy of the Disclosures for future reference. You may send us your written questions regarding the hardware and software requirements by mail to A+ Leasing, PO Box 79571 Houston, TX 77279.
Withdrawing Consent.
You are free to withdraw this E-Consent at any time and at no charge. However, if you withdraw this E-Consent before receiving financing services, this will prevent you from obtaining financing services from us through electronic means. If at any time you wish to withdraw this
E-Consent, you can send us your written request by mail to A+ Leasing, PO Box 79571 Houston, TX 77279, with the details of such request. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.
Updating Your Contact Information.
You should keep us informed of any change in your electronic address or mailing address. You may update such information by logging into your account through our website and providing your updated information. You may also send us your written update by mail to our address above, or by calling us at any telephone number we provide to you directly on www.aplusleasing.com.
COLLECTION AND USE OF BANK ACCOUNT INFORMATION:
As part of our information collection process, we may detect additional bank accounts under the ownership of the consumer. We will consider these additional accounts to be part of the application process. By applying, you authorize us to search for and evaluate bank accounts under your ownership for this purpose.
YOUR ABILITY TO ACCESS DISCLOSURES.
BY CLICKING “SIGN-UP,” “I AGREE,” “NEXT,” OR “SUBMIT,” OR OTHER LINKS, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE. Once you give your consent, you can log into the website to access these documents.
CONSENT.
BY CLICKING “SIGN-UP,” “I AGREE,” “NEXT,” OR “SUBMIT,” OR OTHER LINKS, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WE WILL PROVIDE TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE FINANCING SERVICES FROM US OVER THE INTERNET.
ADDITIONAL TERMS AND CONDITIONS: Compliance with the Equal Credit Opportunity Act
A+ Leasing, in compliance with Title VII of the Consumer Credit Protection Act, does not discriminate on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or good faith exercise of any rights under the Consumer Credit Protection Act. You acknowledge that we may verify the truthfulness of the information you provided on this application by contacting third parties. If A+ declines financing to an applicant, we will provide reasons underlying the decision via email.
Compliance with the Fair Credit Reporting Act
You authorize us to obtain consumer reports from consumer reporting bureaus, other specialty consumer reporting agencies, and other third-parties for evaluation purposes at the time of application, and any time thereafter, as we may choose.
You have the right to request how the information in your credit file was used during the process of your application for financing. This request should be made in writing to: A+ Leasing, PO Box 79571 Houston, TX 77279. For information regarding the accuracy, fairness, and privacy of information in the file from a consumer reporting agency you should reach out to the reporting agency directly.
Compliance with the Telephone Consumer Protection Act
A+ Leasing understands the nuisance of unwanted phone calls. We will not provide your contact details to any unaffiliated organization. We will only reach out to you via telephone when there is a specific business need to discuss or to return a request made by you directly. You agree, by signing our agreement, you give us permission to call the cell phone number provided, to leave voice messages, to send text messages, and to email the email address provided for communication between you and A+.
INDEMNIFICATION
You agree to defend, indemnify, and hold A+ Leasing and its officers, directors, employees and agents harmless against all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from or related to your use of or breach of these Terms and Conditions. Your indemnification obligation shall survive the termination of these Terms and Conditions.
JURY TRIAL WAIVER AND ARBITRATION AGREEMENT
Solely for purposes of this Jury Trial Waiver and Arbitration Agreement (the “Arbitration Agreement”), the terms “we,” “us” and “our” mean A+ Leasing LLC, and its officers, directors, employees and agents . These terms also mean any third party providing any product or service to you directly or indirectly, including without limitation any retailer that sells products to us and that we lease to you, as well as any service provider for our website (“Site”) or any party relating to your rental-purchase agreement with us that you bring a claim against at the same time you bring a claim against us.Unless you reject this Arbitration Agreement in the manner specified below, you agree that you or we may elect to have any and all claims or disputes arising from or relating to the Terms and Conditions and Use or Terms and Conditions of Application (collectively, the “Terms”), our Site, your rental-purchase agreement with us (the “Rental-Purchase Agreement”) or other account, product or service provided to you by us, submitted to binding arbitration under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. This includes claims or disputes based on contract, tort, intentional tort, consumer rights, equity, statute, local ordinance, or otherwise. This also includes data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any nonpublic personal information about you. The term “claim” has the broadest reasonable meaning and includes initial claims, counterclaims, cross-claims, third-party claims, and federal, state, local, and administrative claims, and claims which arose before the effective date of this Arbitration Agreement. Notwithstanding the foregoing, disputes regarding the validity, scope, coverage or enforceability of this Arbitration Agreement or any part thereof or the ability to arbitrate any claim shall be determined by a court, not an arbitrator. However, disputes regarding the validity or enforceability of the Terms, your Rental-Purchase Agreement, or other product or service as a whole shall be determined by the arbitrator. Individual small claims court actions are not subject to this Arbitration Agreement as long as they remain in that court; however, if the dispute is transferred, removed or appealed to a different court, the dispute will be subject to arbitration.
You may choose the American Arbitration Association (“AAA”) or JAMS to administer the arbitration. If neither of them can serve, a court with jurisdiction will select the arbitrator or administrator. The appropriate AAA or JAMS consumer arbitration rules shall apply, as determined by the arbitrator. These rules are found at www.adr.org and www.jamsadr.com. In the event of any conflict or inconsistency between this Arbitration Agreement and the administrator’s rules or other provisions of the Terms or your Rental-Purchase Agreement, this Arbitration Agreement will govern. This Arbitration Agreement shall survive any termination of your access to our Site or the termination or suspension of your Rental-Purchase Agreement, your use of our Site, your account with us, or any bankruptcy by you.
In arbitration a third party arbitrator or administrator solves claims in a hearing. By agreeing to this Arbitration Agreement, you are waiving your rights to: 1) have a jury resolve your claim, 2) have a court, other than small-claims courts, resolve your claim, 3) serve as a private attorney general or in a representative capacity, and 4) be in a class action. The law provided by the FAA governs this Arbitration Agreement, but if a court finds the FAA does not apply, and the filing cannot be appealed, then the laws of the State of Texas shall govern.
Each party to the arbitration shall pay its own costs of arbitration as specified by the relevant rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. We will always pay any costs we are required to pay by law or the administrator’s rules or that we must pay in order for this Arbitration Agreement to be enforced. The parties will bear their respective attorney, expert, and witness fees and costs, unless applicable law, this Arbitration Agreement or the administrator’s rules provide otherwise.
The arbitrator shall be empowered to grant whatever substantive relief would be available in a court under applicable law or in equity on an individual claim, including, without limitation, compensatory, statutory, and punitive damages (which will be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive, and other equitable relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim), and reasonable attorneys’ fees and costs if allowed by law. The arbitrator shall apply applicable statutes of limitations and privilege rules that would apply in a court proceeding. The arbitration hearing will take place in the federal judicial district where you reside, or at another place mutually agreeable to the parties.
If a claim is arbitrated, the parties waive any right to a jury trial. They also waive any right to bring representative claims in court or in arbitration on behalf of a class of individuals, as a private attorney general or otherwise or to join or consolidate claims (the “class action waiver”).
This Arbitration Agreement may be severed or modified if necessary to render it enforceable, except that: (A) if the class action waiver is declared invalid in a proceeding between you and us, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Agreement (other than this sentence) shall be null and void in such proceeding; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the class action waiver or elsewhere in this Arbitration Agreement 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.
The arbitrator’s award shall be final and binding on all parties, except for any appeal rights under the FAA, and may be entered as a judgment in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.
To begin an arbitration process the party may mail a request to arbitrate to the other. The notice should describe the claim and the relief sought. The receiving party must reply within twenty (20) days. The requesting party may choose the arbitrating group.
YOUR RIGHT TO REJECT THIS ARBITRATION AGREEMENT: You may reject this Arbitration Agreement by emailing a rejection notice to [email protected] within thirty (30) calendar days after the date you first use our Site or the date you sign your Rental-Purchase Agreement, whichever occurs later. Any rejection notice must include your name, address, email address, and telephone number and a statement that you reject the Arbitration Agreement included in the Terms and Conditions of Use or your Rental-Purchase Agreement, or both, whichever is applicable. If you reject this Arbitration Agreement, that will not affect any other part of the Terms or your Rental-Purchase Agreement. Rejecting this Arbitration Agreement will not constitute a rejection of any other arbitration agreement between you and us.
RESOLVING CLAIMS WITHOUT ARBITRATION. It is possible to solve claims without the need for arbitration. A+ Leasing encourages you to reach out to us directly by email ([email protected]) or by phone (888-972-7587) to try and solve your claim. If we do not agree to the claim resolution, we may submit in return a written offer (“Settlement Offer”), which you can choose to accept, or reject and take to arbitration. Either party may start arbitration. No party will disclose settlement proposals to the arbitrator during arbitration.
There may be other options available to you for the settlement of your claim. Either party may go to small-claims court if the small-claims court has the power to hear your claim or our claim. Either party may also use lawful self-help remedies. This includes set-off or repossession and sale of property, including the property you lease from us in a Rental-Purchase Agreement as allowed by the contract and applicable law. Either party may seek remedies which don’t claim money damages, including prejudgment seizure, injunctions, or equitable relief.If you have any questions or concerns regarding this Arbitration Agreement please contact us at:
A+ Leasing
PO Box 79571
Houston, TX 77024
888-972-7587
[email protected]
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.
Upon request, A+ will pay the fees (including filing, administrative, hearing and Arbiter’s fees) on your behalf if you ask us to do so. You are responsible for your attorney fees and other expenses. If the Arbiter awards you funds, you will not be obligated to reimburse the arbitration fees we paid on your behalf. If the Arbiter does not award you funds, then you may be obligated to repay the arbitration fees. The Arbiter will decide whether you’ll pay. Within fourteen (14) days of the Arbiter’s ruling, a party may request the details of the ruling to be provided in writing.
WARRANTIES, LIMITATION OF LIABILITIES
THE INFORMATION, CONTENT, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH A+ LEASING OR THIS WEBSITE (“SITE”) MAY INCLUDE INACCURACIES OR ERRORS. ADVICE RECEIVED VIA OUR SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA ACCESSED OR DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A+ LEASING OR THE SITE. A+ LEASING AND ALL INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS OR RETAIL SELLERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN ANY A+ LEASING PRODUCT OR RENTAL-PURCHASE AGREEMENT OR THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A+ LEASING, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS AND AGENTS, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, INCLUDING THE WEBSITE CREATOR, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, WORKMANSHIP, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR GENERAL PURPOSE, TITLE, OWNERSHIP, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AGENTS, RETAIL SELLERS, AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (I) DAMAGES FOR LOSS OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, (II) THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) PERSONAL INJURY, (IV) PROPERTY DAMAGE, (V) BUSINESS INTERRUPTION, OR (VI) COMPUTER, MOBILE DEVICE, OR ELECTRONIC DEVICE FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ANY GOODS LEASED OR RENTED FROM A+ LEASING OR ANY OTHER A+ LEASING PRODUCTS OR SERVICES, WITH THE DELAY OR INABILITY TO USE A+ LEASING OR RELATED SERVICES OR RENTAL-PURCHASE AGREEMENTS, THE PROVISION OF OR FAILURE TO PROVIDE A+ LEASING RENTAL-PURCHASE AGREEMENT OR OTHER PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH A+ LEASING OR THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF A+ LEASING RENTAL-PURCHASE AGREEMENTS OR OTHER PRODUCTS OR SERVICES, WHETHER BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, FRANCHISEES, AGENTS, RETAIL SELLERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF A+ LEASING PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING A+ LEASING UNLESS APPLICABLE LAW EXPRESSLY GIVES YOU OTHER RIGHTS AND REMEDIES. DESPITE ANYTHING IN THESE TERMS THAT IS OR MAY BE TO THE CONTRARY, NOTHING IN THESE TERMS IS INTENDED AS A WAIVER OF ANY DEFENSE, COUNTERCLAIM, OR RIGHT YOU HAVE AGAINST A+ LEASING OR ANY AGENT OF A+ LEASING WITH RESPECT TO ANY RENTAL-PURCHASE AGREEMENT YOU ENTER INTO WITH A+ LEASING. FURTHERMORE, IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS AND YOUR RENTAL-PURCHASE AGREEMENT, THE RENTAL-PURCHASE AGREEMENT SHALL GOVERN AND CONTROL. THESE TERMS ARE GOVERNED BY TEXAS LAW.
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, A+ Leasing (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you via email. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you via your email on file all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact A+ Leasing:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise A+ Leasing of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such a request you must state: your lease ID, your previous email address, and your new email address. We do not require any other information from you to change your email address.
To request paper copies from A+ Leasing
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with A+ Leasing
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
- decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;
- send us an email to [email protected] and in the body of such a request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email
address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
- You can access and read this Electronic Record and Signature Disclosure; and
- You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
- Until or unless you notify A+ Leasing as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by A+ Leasing during the course of your relationship with A+ Leasing.
