Terms of Use

Please carefully review these terms and conditions of use before using this site or accessing any data thereon. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms without limitation or exclusions, you should exit this site immediately.

  1. USER AGREEMENT

    The following terms constitute a legal agreement (the“Agreement”) between you (“you”) and American Estate & Trust, LC, a Nevada limited liability company (“AET” and accuBITZ) that sets forth the terms and conditions for your use of this web site (the “Site”). The Site is owned and operated by AET. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and AET.

    AET reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. AET may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

  2. LIMITATIONS OF USE

    The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by AET or by the original creator of the material and is protected by U.S. and International copyright laws or treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of AET. You acknowledge that the Content is and shall remain the property of AET. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without AET’s prior written approval.  

    All data obtained from or provided by AET, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to the AET Data Terms of Use. Moreover, you represent that all data provided by AET to a user, regardless of the method of delivery, shall not be used for any competing purposes and shall be used only in connection with the products and services of AET.

    You also may not, without AET’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

    You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into AET’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. AET makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by AET.

    Members of the AET community must be U.S. Residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website.

  3. CONTENT AND USE RESTRICTIONS

    You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any AET customer or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google® search” or other online research).

    You agree not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any AET member or other third party. In order to protect AET members from such advertising or solicitation, AET reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which AET deems appropriate in our sole discretion. Directly contacting more than ten (10) AET members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.

    You agree not to use data provided by AET, provided in any manner whatsoever, for any competing uses or purposes.  You further agree that you have never used data, provided in any manner whatsoever, from AET in the past to compete with the products or services of AET.

  4. TRADEMARKS

    AET (including the AET logo), accuBITZ.com, IRACentral.com, americanestatetrust.com, and all related logos (collectively the“AET trademarks”) are trademarks or service marks of AET. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by AET or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the AET trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. AET prohibits use of any of the AET trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any AET Trademarks, or whether any mark or logo is a AET Trademark, should be referred to AET.

  5. LINKS TO THIRD-PARTY SITES

    This site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). AET cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by AET of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of AET and the third-party site may provide less security than this Site. AET is not responsible for the content of any third-party web sites, nor does AET make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and AET shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

  6. CONSENT TO DOING BUSINESS ELECTRONICALLY

    However you choose to use the AET platform and this Site, from time to time you will receive disclosures, notices, documents and information (“Communications”) from AET Funding LLC or our respective agents (collectively,“we” or“us”). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. 

    1. Electronic Communications

      You agree that all Communications from us and our respective agents relating to your use of the AET platform may be provided or made available to you electronically by e-mail or at our website.  If you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below.  We may discontinue electronic provision of Disclosures at any time in our sole discretion.

    2. Scope of Consent

      Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions through the AET platform.

    3. Hardware and Software Requirements

      In order to access and retain Communications electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software; and hardware capable of running this software.

    4. Additional Mobile Technology Requirements

      If you are accessing our site and the Communications electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you during the application process. These applications can be found for most mobile devices in the device's respective “app store”. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities

    5. Withdrawing Consent

      You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward (1) you cannot place any further listings or bids through the AET platform, (2) any pending listings or bids will automatically terminate and be removed from the AET platform, and (3) if you are a group leader on the AET platform, you cannot accept new members into your group. The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through the AET platform, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. With respect to pending loans on which you are a borrower, lender or group leader entitled to group leader rewards, we will send you any further Communications by mail or other non-electronic means.

    6. Assignment

      In addition, you further acknowledge that your consent to have all Communications provided or made available to you in electronic form and to do business on or through the AET platform is assignable to any entity that controls owns, or holds any account information contained, setup, established or maintained through the AET platform.

    7. Changes in Your Contact Information

      Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.  You can contact us by email at support@americanestatetrust.com or by writing to us at AET, 6900 Westcliff Dr., Ste 603, Las Vegas, NV 89145.

  7. DISCLAIMER OF WARRANTIES

    NONE OF AET, ITS PARENT, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE“AET PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE AET PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

    NONE OF AET, ITS PARENT, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “AET PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE AET PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

    THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE AET PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

    THE AET PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE AET PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. THE AET PARTIES RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

  8. LIMITATION OF LIABILITY

    Under no circumstances will the AET Parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if AET Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The AET Parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the AET Parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

  9. INDEMNIFICATION

    You agree to indemnify and hold harmless AET Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the AET Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. AET Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of AET. You further agree to indemnify and hold harmless AET Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.

  10. MONITORING OF THE SITE

    AET has no obligation to monitor the Site; however, you acknowledge and agree that AET has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

  11. SUBMISSIONS TO THE SITE

    All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to AET through this Site (collectively, “Submissions”) will be deemed and remain the property of AET, and AET is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. AET shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by AET or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting AET’s responsibilities and obligations under its Privacy Policy.

  12. USE OF PERSONALLY IDENTIFIABLE INFORMATION

    AET’s practices and policies with respect to the collection and use of personally identifiable information are governed by AET’s Privacy Policy.

  13. AVAILABILITY

    This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by AET to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.

  14. TERMINATION

    This Agreement is effective until terminated by AET. AET may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in AET’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, 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.

  15. WAIVER

    Failure by AET to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

  16. 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 United States and, to the extent applicable, to the laws of the State of Nevada, without regard to its conflict of laws rules. You agree that you will notify AET in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give AET 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 AET.

  17. OTHER AGREEMENTS

    This Agreement shall be subject to any other agreements you have entered into with AET.

  18. ADDITIONAL TERMS

    Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

  19. SEVERABILITY

    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.

  20. GENERAL PROVISIONS

    This Agreement supersedes any previous Terms of Use Agreement to which you and AET may have been bound. This Agreement will be binding on, inure to the benefit of, 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. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  21. COPYRIGHT COMPLAINTS

    If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to AET’s designated agent. Notification should include:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material you claim is infringing is located on the Site;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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 copyright owner or duly authorized to act on the copyright owner’s behalf.

    You may contact AET’s agent for notification of claimed copyright infringement by e-mail at support@americanestatetrust.com or by regular mail at AET, 6900 Westcliff Dr., Ste 603, Las Vegas, NV 89145.

  22. GOVERNING LAW; VENUE AND JURISDICTION

    By visiting or using the Site, you agree that the laws of the State of Nevada, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of Nevada to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.

  23. RESOLVING DISPUTES WITH ACCOUNT HOLDERS

    PLEASE READ THIS PROVISION (the “ARBITRATION PROVISION”) CAREFULLY. UNDERSTAND THAT IT AFFECTS YOU AND MAY LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.

    Please read the following dispute resolution provisions carefully. In order to expedite and control the cost of disputes for all parties, you, as an account holder (“AH”) and AET agree to resolve any legal or equitable claim, controversy or dispute relating to or arising out of this Agreement or our services and products provided to a Subscriber or Participant pursuant to this Site, including but not limited to any claim arising out of or relating to the Master Participation and Servicing Agreement, Subscription Agreement, Loan Agreement, Promissory Note, Custodial Agreement and any related agreement or document as provided in this paragraph 24 (referred to as a“Claim”) as follows:

    1. Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (including a Small Claims Proceeding) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice requesting informal resolution to us electronically through this Site, and we will send our notice requesting informal resolution electronically to you at the address you have provided us.
    2. Small Claims Proceeding. After exhausting the effort to informally resolve the Claim, you and AET agree not to require arbitration of an individual Claim on the condition that: (i) You or we file an action for the Claim in a Nevada Small Claims Court (or an equivalent court, if any) at a location reasonably convenient to you, and (ii) if you file a Claim, your Claim is pending on an individual basis only (not on a joint or class basis) in a Small Claims Court. If a Claim is initiated in a Small Claims Court (a“Small Claims Proceeding”), the Parties must follow the rules and other requirements for filing, serving notice and pursuing an action in such court.
    3. Formal Resolution.If you and we cannot resolve a Claim informally, and if you and we do not pursue a Small Claims Proceeding, then any Claim either of us asserts must be resolved only by binding arbitration which shall be conducted in accordance with the following procedures.
      1. Arbitrator; Rules of Arbitration. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the arbitration will be conducted under the rules of the AAA or JAMS that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules” or “JAMS Rules,” as the case may be) and under the rules set forth in this Agreement. If there is a conflict between the AAA Rules or JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to Nevada law. Arbitration shall be held in Nevada at the location determined in accordance with the AAA Rules or JAMS Rules, except to the extent the rules conflict with this arbitration paragraph or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the arbitration administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.
      2. Arbitration Costs and Fees. If we (or our assignee, if any) elect arbitration, we (or such assignee, as the case may be) shall pay all of the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or our assignee, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or our assignee) pay them and we agree (or our assignee) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law.
      3. Award. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
      4. No Class Action; Limitations. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. 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 claims in arbitration, and shall not (a) 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 (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this subparagraph 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 subparagraph shall be determined exclusively by a court and not by the administrator or any arbitrator.
      5. Federal Arbitration Act. This Arbitration Provision is made pursuant to a transaction involving means of interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
      6. Survival. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or AET; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Arbitration Provision other than subparagraph 24d is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in subparagraph 24d are finally adjudicated pursuant to the last sentence of subparagraph 24d to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
      7. Mandatory Arbitration; No Opt Out. As a Subscriber or a Participant, you are seeking to invest in, or have invested in a participation in a loan. As an investor, the purpose of your investment does not qualify as a “consumer” purpose. You do not have the option to reject or “opt out” of the mandatory arbitration provisions in this paragraph 24b. THE PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS ARBITRATION PROVISION, THEY WILL NOT HAVE THE RIGHT TO RESOLVE THE CLAIM THROUGH A COURT PROCEEDING, EXCEPT IN THE CASE OF A SMALL CLAIMS PROCEEDING. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY.

  24. IDENTITY AND INFORMATION VERIFICATION

    As part of our “know your customer” program, we reserve the right to verify the accuracy of all information you provide and to terminate our relationship and remove your loan or participation request in case of any inaccuracy or omission in your loan request or your application, or any other violation of this Agreement. We reserve the right to verify any information you submit through the production of appropriate documentation, and also reserve the right to conduct such verification through a third party. You hereby authorize us to request and obtain data from a third party to verify any information you provide us in connection with your registration as a borrower member on the Site.

  25. ACCOUNT VERIFICATION

    You authorize us to initiate a debit entry to your bank account in an amount of $0.01 to $0.99 for account verification purposes through the ACH network. We will reverse this debit following verification and no funds will be removed from your account. You understand that if we are unable to verify your bank account for any reason, we will cancel your application and your loan request will not be posted on the Site.

  26. CONTACTING US

    If you have questions regarding the Agreement or the practices of AET, please contact us by e‑mail at support@americanestatetrust.com or by regular mail at 6900 Westcliff Dr., Ste 603, Las Vegas, NV 89145.