Terms and conditions

MobiCredit Installment Loan Account Terms and Conditions

Effective March 31, 2026.

MOBICREDIT IS A PRODUCT OF MOBILOANS, LLC, AN ENTITY OWNED AND OPERATED BY THE TUNICA-BILOXI TRIBE OF LOUISIANA. THE CREDIT ISSUED TO YOU AND INFORMATION PROVIDED UNDER THIS AGREEMENT BY MOBILOANS, LLC IS DONE SO SOLELY UNDER THE PROVISIONS OF LAWS OF THE TUNICA-BILOXI TRIBE OF LOUISIANA AND CERTAIN FEDERAL LAWS AS SPECIFIED IN SECTION XI BELOW.

The law of your resident state may have interest rate limits and other consumer protection provisions that are more favorable. If you wish to have your resident state law apply, you should consider taking a loan from a licensed lender in your state.

This MobiCredit Installment Loan Account Terms and Conditions (these “Terms and Conditions” or this “Agreement”) govern your MobiCredit loan. In this Agreement, “you” and “your” refer to those persons who have applied for and been approved for a MobiCredit installment loan. “We”, “us”, “our” or “Lender” refer to MobiLoans, LLC, a tribal lending entity wholly owned by the Tunica-Biloxi Tribe of Louisiana, a sovereign nation located within the United States of America that is operating within the Tunica-Biloxi Reservation, and possessing the inherent characteristics and immunities of the Tribal government. “Tribe” or “Tribal” refers to the Tunica-Biloxi Tribe of Louisiana. Each advance made by us hereunder is being made from the Tunica-Biloxi Reservation. These Terms and Conditions contain an arbitration provision. Unless you act promptly to reject the arbitration provision, it will have a substantial effect on your rights in the event of a dispute.

You should review these Terms and Conditions to fully understand how a MobiCredit installment loan works. If you have questions, you may contact Customer Support at 888-223-7973. You should retain a copy of these Terms and Conditions for your records.

HIGH COST CREDIT DISCLOSURE: MOBICREDIT INSTALLMENT LOANS ARE AN EXPENSIVE FORM OF CREDIT. MOBICREDIT IS DESIGNED TO HELP CUSTOMERS MEET THEIR SHORT-TERM BORROWING NEEDS. THIS SERVICE IS NOT INTENDED TO PROVIDE A SOLUTION FOR LONGER-TERM CREDIT OR OTHER FINANCIAL NEEDS. ALTERNATIVE FORMS OF CREDIT MAY BE LESS EXPENSIVE AND MORE SUITABLE FOR YOUR FINANCIAL NEEDS.

Loan Terms and Payment Examples

Loan Amount: $500 - $3,000

Repayment Terms: 20 – 60 Bi-weekly payments

APR: 209.42% - 378.95%

Loan Amount

$500.00

$1,500.00

$3,000.00

Number of Bi-Weekly Payments

Amount Per Payment

$73.76

$164.50

$236.19

APR

378.95%

289.21%

209.42%

Total Loan Repayment

$1,474.71

$6,579.42

$14,166.50

I. Definitions

"Account" and "MobiCredit Installment Loan Account" mean your MobiCredit relationship established under this Agreement. Your MobiCredit Installment Loan Account is a set amount of money that you borrow and repay over a fixed period with a predetermined schedule of equal payments.

"Account Documents" means this Agreement, the Note and each other document, instrument and agreement executed in connection herewith or contemplated hereby, as each of the foregoing may be amended, restated, supplemented or otherwise modified from time to time.

"Application" or "MobiCredit Application" means each initial and supplemental credit application you submitted to Lender in connection with establishing your MobiCredit Installment Loan Account with Lender.

"AutoPay" means the automatic payment of the Minimum Payment Amount from your designated Demand Deposit Account.

"Billing Cycle" means the interval between the days or dates of regular payments. All Pay Frequencies have at least two Billing Cycles per month. Bi-weekly and weekly paid customers will have up to twenty-six (26) Billing Cycles per year.

"Business Day" means any day a bank in Louisiana is open for business not including weekends or bank holidays.

"Demand Deposit Account" means a personal bank checking account you have identified for distribution of MobiCredit loan proceeds and/or collection of payments due pursuant to the terms of this Agreement.

"Due Date" means the date reflected on your MobiCredit Installment Loan Account Note on which your payment is due. All Pay Frequencies have at least two Billing Cycles per month, and therefore at least two Due Dates per month. Bi-weekly and weekly paid customers will have up to twenty-six (26) Billing Cycles per year, and therefore up to twenty-six (26) Due Dates per year.

"MobiCredit Proceeds" means the set amount of cash you receive from your MobiCredit Installment Loan Account.

"Pay Date" means the date that you submitted in your initial or updated MobiCredit Application as the date on which you are paid wages or receive other sources of income or benefits.

"Pay Frequency" means the frequency you receive your income payments which are either, weekly, bi-weekly, semi-monthly, or monthly. If your Pay Frequency is weekly, your Pay Dates are considered to be bi-weekly for determining your Billing Cycle under this Agreement. If your Pay Frequency is monthly, your Pay Dates are considered to be semi-monthly for determining your Billing Cycle under this Agreement. All Pay Frequencies have at least two Billing Cycles per month and are required to remit at least two Minimum Payment Amounts per month.

"Payment Amount" means the fixed sum of money you agree to make each Billing Cycle, consisting of both principal and accrued interest.

"Principal Amount" means the portion of the original amount borrowed that is included in your fixed payment amount.

"Tribal Law" means any law or regulation duly enacted by the Tunica-Biloxi Tribe of Louisiana, a sovereign nation located within the United States of America.

II. Eligibility for MobiCredit

You may be eligible for MobiCredit if you meet certain eligibility criteria established by us, which may change from time to time at our sole discretion. As of the date of this Agreement, the eligibility criteria are as follows:

You have a regular source of income or benefits deposited to a qualified personal Demand Deposit Account.
You are at least 18 years old (or at least 19 years old if you are a resident of Alabama or Nebraska).
You meet certain residency requirements (any change of address must be updated on your account within ten (10) days).
You meet credit underwriting standards established by the Lender.
You have identified a qualified personal Demand Deposit Account on the Application.
You authorize the Lender to initiate automated transfers from your qualified personal Demand Deposit Account(s) to repay amounts owed under this Agreement or you enroll for payments by mail, as described below.
Your qualified personal Demand Deposit Account(s) are not frozen or subject to legal process (such as a garnishment order); and
You are not in default of this Agreement.
You do not have a Mobiloans line of credit

III. Establishing your MobiCredit Account

Upon approval and verification by Lender of the information you submitted on your Application, your MobiCredit Installment Loan Account will be established. You acknowledge that you have received a copy of this Agreement and the other Account Documents and that you understand, accept and agree to the terms and conditions thereunder.

How we will calculate your balance: To calculate the total balance of your Account, at the beginning of each Billing Cycle we subtract all payments and credits made to your outstanding loan balance.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in these Terms and Conditions. See Section XIII for further details on billing disputes.

IV. Your Promise to Pay

You promise to pay the total of your outstanding MobiCredit balance along with all accrued interest. You agree to make the Payment Amount shown on your MobiCredit Installment Loan Account Note on or before the applicable Due Date for such payment. There is no grace period. The Payment Amount consists of the principal and accrued interest. Payments are credited to your Account effective as of the day they are received.

If you fail to pay the Minimum Payment Amount on or before the applicable Due Date, an AutoPay payment will automatically be deducted by us from your Demand Deposit Account (see Section V below) if you have authorized the AutoPay feature.

You may cancel your request for MobiCredit proceeds at no cost to you by calling Customer Support at 888-223-7973 within five (5) days of accepting your loan proceeds and, if you already received your funds, you return the received funds immediately as instructed by Customer Support. In the event that your loan proceeds will be funded by check, and you desire to cancel your request, (a) if we have not mailed the check representing the loan proceeds to you or (b) if you have not cashed the check representing the loan proceeds, then we will cancel the check and your obligations with respect to your MobiCredit installment loan will be cancelled.

You also may make payments toward your unpaid balance at any time without penalty.

V. Payment Options

Payments in Full and Partial Payments: You may pay your outstanding balance in full at any time. We also accept partial payments as further described in this Section V.

AutoPay: AutoPay is the automatic payment of the Payment Amount specified in MobiCredit Installment Loan Account Note. If you elect to make AutoPay payments via ACH debit, we process an ACH payment from your Demand Deposit Account for the amount of each Payment Amount due so that such payment is received on the applicable Due Date. You do not need to agree to AutoPay as a condition to receiving your MobiCredit Installment Loan Account. If you have enrolled in the AutoPay feature, the payment of the Payment Amount will be made from your Demand Deposit Account unless you have otherwise paid the Payment Amount by other means by 4:00 p.m. Central Time on the Business Day prior to the applicable Due Date. If you are an AutoPay customer and you remit a payment, whether by mail or electronically, that is received and processed before the AutoPay processing date and that results in the payment in full of the Payment Amount set forth in the MobiCredit Installment Loan Account Note, then we will not process an AutoPay payment for that due date. See Section XIII for more details.

Borrower-Scheduled Electronic Payments: You may schedule an electronic payment at any time up to the full amount of the outstanding balance of your MobiCredit Installment Loan Account prior to the applicable Due Date. You may schedule these payments online at https://www.mobicredit.com, by calling Customer Support at 888-223-7973 or by mail. In order for an electronic payment to be received on your payment Due Date, we must receive your scheduled payment request by 4:00 p.m. Central Time on the Business Day prior to the applicable Due Date.

Borrower-Scheduled Debit Payments: MobiCredit may work with a third-party to enable you to schedule a payment using a debit card to pay up to the full amount of the outstanding balance (or any portion thereof) of your MobiCredit Installment Loan Account at any time up to 4:00 p.m. Central Time on the Business Day prior to the applicable Due Date. If applicable, you may schedule these payments by calling Customer Support at 888-223-7973. If you provide a debit card number to MobiCredit, such debit card will not be used for any payment unless you schedule a payment. Please note that MobiCredit relies on third parties to provide this service and therefore reserves the right to terminate or suspend this service at any time. If you elect to pay your MobiCredit Installment Loan Account via AutoPay or by mail, you can make an additional payment at any time using your debit card; however, providing a debit card to your MobiCredit Installment Loan Account will not remove you from AutoPay or otherwise change your payment obligations. In order for a debit card payment to be received on your payment Due Date, we must receive your scheduled payment request by 4:00 p.m. Central Time on the Business Day prior to the applicable Due Date. Depending on the amount and timing of the early or partial payment, such payments may not reduce the interest accrued.

Payments by Mail: Extension of MobiCredit is not conditioned on your repayment by electronic means of the amounts you owe. You may make payments by mail, using personal check, certified check or money order payable to "Mobiloans", and any such payment must be received at our payment address, P.O. Box 1409, Marksville, LA 71351, by 4:00 p.m. Central Time on the applicable payment Due Date. To send your check via overnight mail or courier service, please send to Mobiloans 151 Melacon Drive Marksville, LA 71351 in time for Mobiloans to receive your payment prior to 4:00 p.m. Central Time on your Due Date. If you are an AutoPay customer and you remit a payment by mail, your AutoPay payment for the current Billing Cycle will still process unless your mailed payment is received and processed by 4:00 p.m. Central Time on the Business Day prior to the applicable Due Date and results in the payment in full of the Payment Amount set forth in the MobiCredit Installment Loan Account Note. If you remit payment by mail and such payment is received on a non-Business Day, your payment will be posted to your account on the day it is received.

Check Conversion Notification: When you provide a personal check as payment, you agree we can either use information from your check to make a one-time electronic withdrawal from your Bank Account or to process the payment as a check transaction. When we use information from your personal check to make a withdrawal from your Bank Account, funds may be withdrawn from your Bank Account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. For questions, please call Customer Support at 888-223-7973.

Payment Extensions: You may extend or "push" a payment to a later date as is described herein. The maximum payment date that a payment may be extended will be the next scheduled payment date. If you choose to extend the payment to the maximum payment date, you will have two payments processed on that date (the extended payment and the current payment due). You may not extend two payments in a row. A payment that has been extended cannot be delayed a second time if the maximum number of days allowed was granted the first time. There is a limit of five (5) extensions permitted during the term of your loan. Any additional extensions must be approved by calling Customer Support at 888-223-7973.

VI. Application of Payments

All payments received (whether electronically or otherwise) will be applied first to any accrued interest and secondly to the principal balance.

VII. Servicing Your Account

In connection with the servicing of your MobiCredit Installment Loan Account, you hereby authorize us to contact you, including through the use of an autodialer, text messaging (if you have opted-in to text messaging in your Application), or prerecorded message, at any phone number you have provided to us in your Application or otherwise, including mobile phone numbers, and at any address and email address we have for you in our records or from other public and nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.

VIII. Default

Events of Default: We may declare you to be in default of this Agreement at any time if: (a) you fail to comply with the terms of this Agreement or any other Account Document, including your repayment obligations; (b) we discover that any information you have provided to us is false or misleading in any material respect; or (c) you have not provided us with information we may request from time to time to satisfy our obligations to comply with the Bank Secrecy Act or other statutes or regulations that apply to us.

Consequences of Default: If an event of default has occurred, we may, at our option, do any one or more of the following things: (a) require you to immediately pay us everything you owe us on your MobiCredit Installment Loan Account, including, without limitation, all outstanding MobiCredit principal and accrued interest; (b) withdraw money from your Demand Deposit Account that was not available when we tried to withdraw it at an earlier time, if you have authorized electronic payments; and (c) pursue all legally available means under Tribal Law and applicable federal law to collect what you owe us. Except as expressly prohibited by Tribal Law and applicable federal law, by agreeing to these Terms and Conditions you waive notice of default, dishonor, demand for payment, protest, presentment, and any other notices. In the event we declare all amounts owed on your MobiCredit Installment Loan Account immediately due because you did not pay us, then, if you have authorized electronic payments, you further authorize us and our agents and representatives to withdraw money from your Demand Deposit Account in the full amount due. By choosing to exercise any one or more of these remedies, we do not give up our right to use another way to collect the money you owe us later. We may decide not to use any of the ways described above to be paid back the money that you owe us. If so, we do not give up our right to consider what you said you would do to make payments and, if you fail to make those payment(s), we will consider you to be in default.

IX. Transfer of Rights; Maintenance of Register

We may assign or transfer this Agreement or any other Account Document, or any of our rights hereunder, to another person or entity without notice or consent from you. Regardless of any transfer, this Agreement and each other Account Document shall remain exclusively subject to Tribal Law and applicable federal law. MobiLoans, LLC (the "Registrar") acting solely for this purpose as your irrevocably appointed agent, shall maintain at an office located within the geographic boundaries of the United States a copy of each assignment of this Agreement and each other Account Document delivered to it and a register (the "Register") for the recordation of the names and addresses of the original owner and assignees, and the amounts of the principal, interest, fees, charges and other amounts owing to each from time to time pursuant to the terms of this Agreement and the other Account Documents. The Register may be in electronic form. The entries of the Register shall be conclusive, and you, the Registrar, the Lender and all of its assignees shall treat each person whose name is recorded in the Register pursuant to these terms as the owner of such principal, interest, fees, charges and other amounts for all purposes of this Agreement and the other Account Documents and any rights thereunder, notwithstanding notice to the contrary. The name of the owner in the Register shall be available to you by written request to the Registrar at any reasonable time and from time to time upon reasonable prior notice. In addition to the foregoing, the Registrar shall include on the Register the names and addresses of those persons holding participation interests in the receivables outstanding from time to time in the Accounts of which it has notice. Any fees and expenses of the Registrar for its services shall be charged to the registered owner of the Account and not to you.

X. Dispute Resolution; Arbitration

Notice of Waiver of Jury Trial and Arbitration Agreement

This Agreement includes a binding Waiver of Jury Trial and Arbitration Agreement which is incorporated by reference and shall be deemed applicable to each other Account Document. You may opt out of the Waiver of Jury Trial and Arbitration Agreement by following the instructions below.

RIGHT TO OPT OUT. IF YOU DO NOT WISH YOUR ACCOUNT TO BE SUBJECT TO THE FOLLOWING WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT, YOU MUST ADVISE US IN WRITING AT MOBICREDIT, P.O. BOX 1409, MARKSVILLE, LA 71351 OR VIA EMAIL AT CUSTOMER_SUPPORT@MOBICREDIT.COM. YOU MUST CLEARLY PRINT OR TYPE YOUR NAME AND ACCOUNT NUMBER OR SOCIAL SECURITY NUMBER AND STATE THAT YOU REJECT ARBITRATION. YOU MUST GIVE WRITTEN NOTICE; IT IS NOT SUFFICIENT TO TELEPHONE US. WE MUST RECEIVE YOUR LETTER OR E-MAIL WITHIN SIXTY (60) DAYS AFTER THE DATE YOUR MOBICREDIT ACCOUNT IS ESTABLISHED OR YOUR REJECTION OF ARBITRATION WILL NOT BE EFFECTIVE. IN THE EVENT YOU OPT OUT OF THE ARBITRATION AGREEMENT, ANY DISPUTES UNDER THIS AGREEMENT OR RELATED TO YOUR MOBICREDIT ACCOUNT SHALL NONETHELESS BE GOVERNED UNDER THE LAWS OF THE TUNICA-BILOXI TRIBE OF LOUISIANA AND APPLICABLE FEDERAL LAW AND MUST BE BROUGHT WITHIN THE TRIBAL COURT SYSTEM, TO WHOSE JURISDICTION YOU IRREVOCABLY CONSENT FOR THE PURPOSES OF THIS AGREEMENT.

WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT

In this Waiver of Jury Trial and Arbitration Agreement (this "Arbitration Agreement"), "Tribe" or "Tribal" refers to the Tunica-Biloxi Tribe of Louisiana, a sovereign nation located within the United States of America, and "Tribal Law" means any law or regulation duly enacted by the Tunica-Biloxi Tribe of Louisiana.

PLEASE READ THIS WAIVER OF JURY TRIAL AND ARBITRATION AGREEMENT CAREFULLY. Unless you exercise your right to opt-out of arbitration in the manner described above, any dispute related to this Agreement or the other Account Documents will be resolved by confidential binding individual arbitration. Arbitration replaces the right to go to court, including the right to have a jury, to engage in discovery (except as may be provided in the arbitration rules), and to participate in a class action or similar proceeding. In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. Any arbitration will be limited to addressing your dispute individually and will not be part of a class-wide or consolidated arbitration proceeding.

Agreement to Arbitrate. You agree that any Dispute (defined below) will be resolved by arbitration in accordance with Tribal Law and applicable federal law. By agreeing to this provision, you acknowledge and agree that the laws of the Tribe rather than the laws of your state or any other state will apply.

Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A "Dispute" is any and all controversies or claims related in any way to your MobiCredit Installment Loan Account or your application for a MobiCredit Installment Loan Account, involving you and Lender, its marketing agent, collection agent, any subsequent holder of your MobiCredit Installment Loan Account, or any of their respective agents, affiliates, assigns, employees, officers, managers, members or shareholders (each considered a "Holder" for purposes of this Agreement and each other Account Document). The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to the opening of your Account), based on any legal or equitable theory, including under federal law (i.e., statutory contract, or otherwise), and regardless of the type of relief sought (i.e., money damages, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim arising from, related to or based upon marketing or solicitations to obtain the MobiCredit Installment Loan Account and the handling or servicing of your Account, and including any issue concerning the validity, enforceability, or scope of this Account or the Arbitration Agreement.

You acknowledge and agree that by entering into this Arbitration Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY
DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE
ALLEGED AGAINST US OR ANY HOLDER; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US
AND/OR RELATED THIRD PARTIES. ANY ARBITRATION OF ANY DISPUTE UNDER THIS
AGREEMENT AND EACH OTHER ACCOUNT DOCUMENT SHALL BE AN INDIVIDUAL
CONSUMER ARBITRATION ONLY; NO CLASS ACTION ARBITRATION AND NO COURT
ADJUDICATION THEREOF SHALL BE AVAILABLE.

Initiation of Arbitration. Any party to a Dispute, including a Holder, must send the other party written notice by certified mail return receipt requested at the address appearing at the top of the Agreement of their intent to arbitrate and setting forth the claims and relief requested 30-days before filing a demand for Arbitration. You understand that if you demand Arbitration, the demand for Arbitration must be sent directly to the arbitration organization you have selected. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) https://www.adr.org; JAMS (1-800-352-5267) https://www.jamsadr.com; or an arbitration organization agreed upon by you and the other parties to the Dispute. You also understand that if you fail to make a selection, then we have the right to select the arbitration organization in accordance with Tribal Law or applicable federal law.

Arbitration Procedural Rules. The arbitration will proceed according to the rules and procedures used by the applicable arbitration organization for consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Agreement or any other Account Document, Tribal law and applicable federal law. You may obtain a copy of the rules and procedures by contacting the selected arbitration organization. Any arbitration under this Agreement or any other Account Document may be conducted on Tribal land, within thirty miles of your residence, or by telephone or other agreed upon electronic platform, at your choice, provided that this accommodation for you shall not be construed in any way (a) as a relinquishment or waiver of the Tribe's sovereign status or immunity, or (b) to allow for the application of any law other than Tribal Law or applicable federal law.

Cost of Arbitration. We will pay the arbitration filing fee upon receipt of an invoice from the chosen arbitration organization, regardless of which party initiates the arbitration. Costs and fees of the arbitrator shall be shared equally. Except where otherwise provided by Tribal Law or applicable federal law, each party will be responsible for its own attorneys' fees and other expenses. Unless prohibited by Tribal Law or applicable federal law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration.

Waiver of Jury Trial and Waiver of Ability to Participate in a Class Action. YOU HEREBY AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL, TO HAVE A COURT DECIDE YOUR DISPUTE, AND YOU ARE WAIVING YOUR ABILITY TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT WOULD BE AVAILABLE IN A LAWSUIT. The arbitrator has the ability to award all remedies available under Tribal Law and applicable federal law, whether at law or in equity, to the prevailing party, except that the parties agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving the individual Disputes between the parties. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration is to be determined by the arbitrator. If the arbitrator fails or refuses to enforce the waiver of class-wide arbitration, the parties agree that the Dispute will proceed in Tribal court and will be decided by a Tribal court judge, sitting without a jury, under applicable court rules and procedures and may be enforced by such court through any measures or reciprocity provisions available. As an integral component of accepting this Agreement, you consent to the jurisdiction of the Tribal courts for purposes of this Agreement and each other Account Document.

Judicial Review. The arbitrator will apply the terms of this Agreement, including the Arbitration Agreement, the terms of each other Account Document, Tribal Law, and federal law as applicable. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. If allowed by Tribal or applicable federal law, the arbitrator may award statutory damages and/or reasonable attorneys' fees and expenses. The arbitrator will make written findings and the arbitrator's award may be filed with the Tribal court. The arbitration award will be supported by substantial evidence and must be consistent with this Agreement, the other Account Documents and applicable law or may be set aside by the Tribal court upon judicial review.

Other Provisions. This Arbitration Agreement will survive: (i) termination or changes in this Agreement, the other Account Documents, the Account, or the relationship between us concerning the Account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of my Account, or any amounts owed on my account, to any other person or entity. This Arbitration Agreement benefits and is binding upon you, your respective heirs, successors and assigns. It also benefits and is binding upon us, our successors and assigns, and related third parties. The Arbitration Agreement continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. The Arbitration Agreement survives any termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Agreement is held invalid, the remainder shall remain in effect.

XI. Governing Law

This Agreement, the other Account Documents and the Arbitration Agreement are governed by the laws of the Tunica-Biloxi Tribe of Louisiana, the Indian Commerce Clause of the United States Constitution, the Federal Arbitration Act ("FAA"), and any applicable federal law necessary to uphold federal substantive statutory rights or remedies.

XII. Electronic Signature and Electronic Records

We are required by law to provide you with initial disclosures and certain other disclosures and notices (collectively, "Disclosures"). By checking the "Sign Here" box on the Application, that action will signify your agreement that this Agreement, the other Account Documents and the Disclosures we provide to you constitute electronic records under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sections 7001 and following) in a manner consistent with Tribal Law and applicable federal law.

By checking the "Sign Here" box on your Application, you agree to receive all such disclosures electronically. To access these Disclosures, in most cases, we will provide you with such disclosures at our web site or the web sites of our vendors. By checking the box, you acknowledge that you are able to electronically access the MobiCredit website (https://www.mobicredit.com), and to electronically access and print the Disclosures we will be providing to you in connection with your MobiCredit Installment Loan Account. We will notify you of Disclosures by email and will provide copies of any Disclosures to you in electronic form by including them in the email, posting them on the MobiCredit website or by providing a link to them on the website. If you need to change your email address, call MobiCredit Customer Support at 888-223-7973. In order to access, view and retain Disclosures in electronic form, you must have a computer with Internet access. The minimum system requirements include software that supports 128-bit security encryption and Adobe Reader® version 9.0.

Your agreement to receive disclosures and notices from us in electronic form does not mean you cannot obtain a paper copy of any such disclosure or notice. If you wish to obtain a paper copy of any document or withdraw your consent to receive Disclosures electronically, contact us in writing at MobiCredit Customer Support, MobiLoans, LLC, P.O. Box 1409, Marksville, LA 71351. You will be charged a five-dollar ($5.00) fee for the provision of each paper copy. The same fee will apply to customers who withdraw their consent to receive electronic disclosures and notices.

By checking the "Sign Here" box for Electronic Delivery of Disclosures on your Application, you acknowledge receipt of the Terms and Conditions governing your MobiCredit Installment Loan Account, that you have read and agreed to these Terms and Conditions, and that you agree to receive Disclosures from us in electronic form.

XIII. Electronic Payment Authorization

MobiCredit gives you the option to receive your MobiCredit loan proceeds electronically and to repay amounts owing on your MobiCredit Installment Loan Account electronically. If you choose to receive your MobiCredit loan proceeds electronically and agree to repay electronically, then the following provisions apply.

Consent to Pre-Authorized Electronic Payments

By choosing to receive your MobiCredit loan proceeds electronically and agreeing to repay electronically selecting the “Electronic” option on the Select proceeds page, you agree to this Electronic Payment Authorization and authorize and request MobiLoans, LLC to initiate ACH debits to your Demand Deposit Account for your regularly scheduled AutoPay payments equal to the Minimum Payment Amount disclosed on your MobiCredit Installment Loan Account Note in time for such payments to be received by MobiCredit on the payment Due Date set forth in your MobiCredit Installment Loan Account Note. For each payment, whenever an ACH debit entry to your Demand Deposit Account is returned to us for any reason, your next scheduled payment amount may change based on the returned payment and any interest changes as a result of a returned payment. We may reinitiate an ACH debit entry to your Demand Deposit Account up to two (2) additional times after our first presentation for each scheduled payment amount. If your payment is due on a non-business day, it will be processed on the next business day. This Electronic Payment Authorization is to remain in full force and effect until MobiCredit shall have received notification from you stating that you terminate this authorization in such time and in such manner as to afford MobiCredit a reasonable opportunity to act upon such notice.

This Electronic Payment Authorization applies to the repayment of all amounts owing on your MobiCredit Account, including amounts outstanding on or before the date on which you agreed to this Electronic Payment Authorization. If your MobiCredit Installment Loan Account is in Default you agree we may initiate an ACH debit to your Demand Deposit Account for the entire amount you owe us (see Section VIII, Default, above). This Electronic Payment Authorization is to remain in full force and effect for as long as your MobiCredit Installment Loan Account is open. You may revoke this Electronic Payment Authorization with notice before 4:00 pm Central Time the business day prior to your next scheduled payment due date, by calling us at 888-223-7973 or writing to us at MobiCredit Customer Support, Mobiloans, LLC, P.O. Box 1409, Marksville, LA 71351. If you revoke this Electronic Payment Authorization, you agree to make payments to us by another method acceptable to us as set forth in these Terms and Conditions. In no event shall any revocation of this Electronic Payment Authorization be effective with respect to payment entries processed by us prior to our receipt of a notice to withdraw such Electronic Payment Authorization.

Your bank may impose a fee if your Demand Deposit Account becomes overdrawn or if a payment is attempted against your Demand Deposit Account that would cause it to become overdrawn. You will not hold us or our agents, representatives, successors or assigns responsible for any fees you must pay as a result of payment being presented at your bank in connection with this Electronic Payment Authorization. Contact your bank for more information specific to your Demand Deposit Account.

You authorize us to verify and correct all information you have provided to us about your Demand Deposit Account, including, without limitation, past and/or current information about your bank, your bank routing and transit number and your Demand Deposit Account number.

This Electronic Payment Authorization is subject to the following provisions:

Right to stop payment and procedure for doing so. If you have told us in advance to make payments out of your Demand Deposit Account, you can stop any of these payments by calling us at 888-223-7973 Monday-Friday 7:00 am - 6:00 pm Central Time or writing to us at MobiCredit Customer Support, MobiLoans, LLC, P.O. Box 1409, Marksville, LA 71351, in time for us to receive your request by 4:00 p.m. Central Time at least one (1) Business Day before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after your call.
Liability for failure to stop payment of preauthorized transfer. If you order us to stop a pre-authorized transfer by 4:00 p.m. Central Time at least one (1) Business Day before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Notice of varying amounts. You agree that you will receive a notice at least ten (10) days before a payment is debited from your Demand Deposit Account in an amount that varies from the amount disclosed (a) in your MobiCredit Installment Loan Account Note or (b) in your payment schedule on the My Account page.

This Electronic Payment Authorization is a payment mechanism only and does not give us collection rights greater than those otherwise contained in your MobiCredit Installment Loan Account terms and conditions. This Electronic Payment Authorization does not constitute and is not intended to constitute a security interest under Tribal Law.

Error Resolution

In case of errors or questions about an AutoPay or electronic payment, call us at 888-223-7973 or write to us at MobiCredit Customer Support, MobiLoans, LLC, P.O. Box 1409, Marksville, LA 71351. We must hear from you no later than sixty (60) days after the error FIRST appeared on your My Account page transaction history.

Tell us your name and account number;
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your account.

For errors involving new Accounts (Accounts that have been open less than forty-five (45) days), we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error.

You will be liable for any unauthorized Electronic Funds Transfer (EFT) that occurs more than sixty (60) days after posting to your My Account transaction history showing the unauthorized EFT and before you provide written notice, provided that we establish that the unauthorized EFT would not have occurred had you notified us within the sixty (60) day period. If we are unable to prove that the unauthorized EFT would not have occurred with proper notification, you will not be liable for the disputed amount.

We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at 888-223-7973 or write to us at MobiCredit Customer Support, MobiLoans, LLC, P.O. Box 1409, Marksville, LA 71351. If provisional credit was provided, the amount will be debited from your account. We will notify you of the date and the amount of the debit.

You acknowledge that you are not required to consent to receive funds or repay amounts owing on your MobiCredit Account by ACH debits and credits to your Demand Deposit Account. If you authorize us to effect ACH debit entries to your Demand Deposit Account for your Account, you also agree that this Electronic Payment Authorization is to remain in full force and effect unless you terminate such authority. If you terminate such authority, you agree to provide us with another means of payment acceptable to us in our sole discretion.

XIV. Credit Bureau

As part of the credit review process, we may obtain information about your credit history and standing from one or more consumer reporting agencies and/or other data providers. Once you have an account with us, we may also review your credit information for account monitoring purposes as permitted by the Fair Credit Reporting Act.

We are currently reporting loan transaction history to one or more major credit reporting agencies using MobiLoans, LLC as the tradeline name. We will report payment history from your account on a monthly basis. Because we report on a monthly basis, please allow up to thirty (30) days for a recent transaction to appear on your credit report. If you have a question, complaint, or dispute regarding information reported to a credit bureau, contact us at disputes@mobicredit.com, or call us at 888-223-7973, or write to us at MobiCredit Customer Support, MobiLoans, LLC, P.O. Box 1409 Marksville, LA 71351. Please provide, in writing, the specific information being disputed, a basis for the dispute, and include all documents that support the dispute. We will conduct an investigation with regards to the information provided within thirty (30) days of receipt. If it is determined that an error was made, we will immediately notify each consumer reporting agency we report to of the error and provide them with the correct information.

XV. Time is of the Essence

Time is of the essence with respect to every provision of the Account Documents.

XVI. Severability

If any portion of the Account Documents shall for any reason be held by a judicial decision to be invalid and unenforceable, the valid and enforceable provisions will continue to be given effect and bind the parties.

XVII. No Implied Waiver

No delay or omission of MobiLoans to exercise any right or power arising under any of the Account Documents shall impair any such right or power to be considered to be a waiver of any such right or power or any acquiescence therein nor shall the action or non-action of MobiLoans impair any right or power resulting therefrom.