Terms & Conditions

GENERAL

Anong LLC d/b/a AvailBlue.com (“AVAILBLUE”) is wholly owned and operated by the Lac du Flambeau Band of Lake Superior Chippewa Indians, a federally recognized American Indian tribe and sovereign government. Applicable tribal and federal law shall govern any agreement entered with Anong LLC d/b/a AvailBlue.com. All Communication or transaction conducted via telephone, email, or www.AvailBlue.com will be deemed to have occurred in Lac du Flambeau Band of Lake Superior Chippewa Indians, regardless of your location. All Communication with the company is deemed confidential.

It is our policy to treat all consumers consistently and fairly. AVAILBLUE is committed to making credit products and services available to diverse communities and customers without discriminating based on race, color, religion, national origin, sex, marital status, or age. AVAILBLUE is dedicated to maintaining the highest level of customer satisfaction.

APPLICATION VERIFICATION

You authorize Anong LLC d/b/a AvailBlue.com to verify the information given in connection with this loan application. You give us consent to obtain information about you, including banking information and employment, from a consumer reporting agency or other sources. You authorize us to verify your past and/or present employment history and income. If there is any missing or erroneous information in or with your loan application, you authorize us to verify and correct such information.

CREDIT REPORTING DISCLOSURE

You agree that we may make inquiries concerning your credit history and standing, and we may report information concerning your loan performance including, but not limited to, late payments, missed payments, or other defaults, to credit reporting agencies.

COLLECTION AND USE OF BANK ACCOUNT AND OTHER INFORMATION ABOUT YOU

As part of our credit underwriting and information collection process, we will consider the bank account information provided by you as eligible for us to process payments against, we may detect additional bank accounts under your ownership, and we also may collect and consider information about you from non-credit reporting agency data providers and publicly available information about you.

COMMUNICATION

Calls & Emails

By submitting your information at the Website, you agree and consent to be contacted by the Company, our agents, employees, attorneys, affiliates, subsequent creditors, loan servicing companies, and third-party collectors through the use of email and telephone calls including the use of automatic telephone dialing systems, auto dialers, or an artificial or prerecorded voice.

SMS Messages – Account Updates

By opting in, you have provided us with consent to send you text messages about your loan, including but not limited to, payment information, account information, due dates, delinquencies, program updates relating to your loan, and collection efforts. This consent shall extend to us, our third-party service providers, and our successors and assignee(s) or anyone trying to collect the loan. Subscriber text messaging originator opt-in data and consent details will not be shared with any third parties except when explicitly authorized by the subscriber. Message frequency varies and will depend on your loan application status or loan status. Messaging and data rates may apply.

You understand the text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and your text messages if you want them to remain private. If we modify this Text Message 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. If you have any questions about this policy, would like us to mail you a paper copy of this policy or are having problems receiving or stopping our text messages, please contact us using the following information: (Anong LLC d/b/a AvailBlue.com, PO Box 12, Lac du Flambeau, WI 54538 or customercare@availblue.com or by calling 888-985-3171).

SMS Messages – Marketing Updates

By opting in, you have provided us with consent to receiving text messages from us, our third-party service providers, and our successors and assignee(s) for advertising and telemarketing purposes. Subscriber text messaging originator opt-in data and consent details will not be shared with any third parties except when explicitly authorized by the subscriber. Message frequency varies and will depend on your loan application status or loan status. Messaging and data rates may apply. You are not required to consent to advertising or telemarketing text messages or calls nor is such consent a condition of obtaining credit or other services from us.

Opt-Out

This policy applies to the text messages sent by Anong LLC d/b/a AvailBlue.com to our customers while and after they use our product. If you wish to stop receiving account updates, marketing, or any text message communication from Anong LLC d/b/a AvailBlue.com, simply reply by typing STOP to any text message we have sent you. Your stop request will become effective immediately. You may also stop text messages by calling us at 888-985-3171 or emailing us at customercare@availblue.com

Help or Support

If at any time you need our contact information or information on how to stop text messages, reply to any text message we have sent you and in the reply text simply type HELP. Upon receiving your text message, we will send you a text message with this information. In general, the messages we send provide you with information about your account. Some of the text messages we send may include links to websites. To access these websites, you will need a web browser and Internet access.

LIMITATION OF LIABILITIES

Under no circumstances will AVAILBLUE, its directors, officers, employees, agents, contractors, successors or assigns be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, cost of procuring substitute service or lost opportunity, even if AvailBlue.com has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, AVAILBLUE's maximum liability for all claims arising out of or relating to this site or its content shall be limited to the amount you paid to access the site.

INDEMNITY

By using the www.AvailBlue.com, you agree to defend, indemnify, and hold harmless AVAILBLUE from and against any and all losses, claims, damages, costs and expenses, including reasonable legal and accounting fees, that AVAILBLUE may incur arising or resulting from your use of this Site, the content of the Site, or your breach of these Terms. AVAILBLUE reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

TERMINATION

This Agreement is effective until terminated by AVAILBLUE. AVAILBLUE may terminate this Agreement at any time without notice. AVAILBLUE may also suspend or terminate your access and use of the Site at any time, with or without cause, in AVAILBLUE’s absolute discretion and without notice.

The following provisions of the Agreement shall survive termination of your use or access to the Site: Indemnification, Limitation of Liability, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the Lac du Flambeau Band of Lake Superior Chippewa Indians, to the extent applicable, to the laws of the United States. You agree that you will notify AVAILBLUE in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give AvailBlue a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against AVAILBLUE.

THIS AGREEMENT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR AND REPLACES THE RIGHT TO GO TO COURT AND HAVE A DISPUTE RESOLVED BY A JUDGE OR JURY. THIS AGREEMENT ALSO WAIVES YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and AVAILBLUE may have been bound. This Agreement will be binding on, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.