GetFinancing™ Consumer Agreement
GetFinancing Multi-Lenders Platform is an alternative payment provider that, as an aggregator for a multitude of participating banks (each bank a “Lender” or if more than one bank, the “Lenders”), offers customers who are shopping at participating merchants' web stores or brick and mortar locations, with the ability to obtain financing options in order to complete their purchase from a multitude of Lenders under the forms of installment loans, credit lines or leases.
You agree that you have read and are in agreement with the Terms and Conditions of use of the GetFinancing Multi-Lenders Platform and that by doing so, you are opening an open ended account with GetFinancing. You are further authorizing GetFinancing to obtain and review your credit report in order to determine, based on broad stroke underwriting criteria provided by the Lender(s), to which Lender to send your application as your agent. The Lender(s) will then review your application and credit report in order to pre-qualify you for a credit offer which will be presented to you through GetFinancing. You also acknowledge that this agreement is governed by Federal laws and the laws of the state of Delaware. It being noted that the Lender(s) may furnish agreements that governs your financing which may themselves be governed by a state other than Delaware and the Lenders’ agreement may contain other terms and conditions that will govern your financing. Such terms and conditions may be in addition to or instead of the terms and conditions contained herein. You further authorize the “Participating Merchant” to share your personal information, including your e-mail address and phone number, as well as the details concerning your purchase with GetFinancing and the Lender(s), and authorize GetFinancing to share the obtained information with the Lender(s) and the Lender(s) to use that information for any and all lawful purposes in connection with your request for financing.
The Terms and Conditions of GetFinancing include the following:
GetFinancing E-Sign Consent
Consumer Consent to receive disclosures and other information electronically. IMPORTANT NOTICE. In order to complete a transaction online, the Lender(s) must provide the consumer with certain disclosures required by law. The Lender(s) can provide these disclosures to the consumer online only if the consumer consents. The consumer should choose another payment option if the consumer does not consent to agree to this Agreement.
You are providing written consent under the Fair Credit Report Act for GetFinancing and its Lenders with whom you are matched, to obtain consumer report information from your credit profile or other information from our contracted Credit Bureau. You understand and agree that you are contracting with GetFinancing to seek a credit grantor on your behalf, and are consenting to the use of your consumer report information by GetFinancing and its Lenders to conduct anti-fraud security checks and evaluate your application for credit. You understand that your application may be matched with multiple Lenders, each of whom may obtain consumer report information from your credit profile.
In this GetFinancing E-Sign Consent, the following definitions apply:
"I", "Me" and "Borrower" mean the person who is using GetFinancing to find a Lender(s) and/or make a purchase. "You" and "Lender(s)" mean the Lender(s) and any person, company or bank to whom the rights of the Lender(s) have been assigned. “GetFinancing Multi-Lenders Platform" is the payment system, which allows “Me” to seek financing to pay for purchases from participating Merchants by charging the costs to the financing account granted by a Lender. It being noted that the costs of the purchases may be charged to the account provided by a Lender(s). I further understand that the Lender(s) may also require me to sign its agreement (consent) relating to the financing it provides to me or on my behalf.
2. CONSUMER CONSENT
By checking the box "I agree to the Terms and Conditions,” I acknowledge and agree that the terms and conditions have been presented to me and I agree to accept such electronic presentation and agree to such terms and conditions. Furthermore, by checking the box, for example clicking the box, I hereby adopt the “checkmark” and submission as my electronic signature. Furthermore, I consent and agree that
- GetFinancing and/or the Lender(s) as applicable can provide disclosures required by law and other information about my legal rights and duties to me electronically.
- My electronic signature on agreements and documents has the same effect as if I signed them in ink.
- GetFinancing and/or the Lender(s) can send all important communications, billing statements and disclosures (collectively defined as “Disclosures”) to me electronically to the e-mail address that I have provided to the Merchant in this transaction, or to another e-mail address that I provide for that purpose rather than in paper form.
- GetFinancing® and/or the Lender(s) may alert me when the Disclosure is available by sending me an electronic communication.
- You will make the Disclosure available to me for not less than 90 days from the later of: the date it first became available to me or the date you sent me the e-mail to alert me that it was available.
- I will be able to print a copy of the Disclosure or download the information for my records.
- This consent applies to this transaction, to all future Disclosures on this Account, to all future transactions in which I use the GetFinancing Payment System at any time, and to other Disclosures that you provide to me by e-mail.
The disclosures and information I will receive in this online session are:
- This GetFinancing E-Sign Consent
- GetFinancing Important Disclosures
- GetFinancing Account Agreement
- Privacy Notice
3. WHAT I WILL NEED
. I understand that in order to access and retain the electronic Disclosures I will need the following:
- A computer with an Internet connection.
- A current web browser that includes 128-bit encryption.(Minimum recommended browser standards are Microsoft Internet Explorer version 6.0 and above, Firefox version 1.5 and above, or Safari 2.0 and above.) The browser must have cookies enabled.
- A valid e-mail address.
- Sufficient storage space to save past Disclosures OR an installed printer to print them.
- If I use a spam filter that blocks or re-routes e-mails from senders not listed in my e-mail address book, I must add email@example.com to my e-mail address book.
4. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT
I understand that I may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and that the Lender(s) as applicable will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form and that I can also request paper copies by contacting the Lender(s) at the address listed on their website and their billing statements.
5. UPDATING E-MAIL ADDRESS
At any time, I can update the e-mail address to which you will send alerts that my Disclosure is available. I can update or change my e-mail preferences by logging into the Lender(s)’s website that is listed on their billing statements.
6. LEGAL EFFECT
By consenting, I agree that electronic Disclosures have the same meaning and effect as if the Lender(s) provided paper Disclosures to me as they are required to do so. When the Lender(s) as applicable send me an e-mail alerting me that the Disclosure is available electronically and make it available online that shall have the same meaning and effect as if you provided a paper Disclosure to me, regardless of whether I choose to view the Disclosure.
GetFinancing Important Disclosures
NOTICE TO BORROWER:(1) CAUTION - IT IS IMPORTANT THAT BORROWER
THOROUGHLY READ THE DISCLOSURES AND AGREEMENT PROVIDED BY THE LENDER(S) BEFORE
BORROWER AGREES, AND (2) BORROWER SHOULD RETAIN A COPY OF THE DISCLOSURES AND
AGREEMENT FOR BORROWER'S RECORDS. THE TERMS AND CONDITIONS OF THE ACCOUNT WILL BE
OR HAVE BEEN PROVIDED BY THE LENDER(S), FOR EXAMPLE THE BANK OR OTHER FINANCIAL
INSTITUTION THAT ISSUES FINANCING TO BORROWER AND GETFINANCING IS PROVIDING OR HAS
PROVIDED INFORMATION TO THE BORROWER THAT IT RECEIVED FROM THE LENDER(S).
I understand that the Lender(s) may obtain a report from a consumer credit reporting agency in connection with this application and/or for any updates, renewals, extensions of credit on this Account or collection of any loan made as a result of the application. If Applicant(s) requests to be informed whether or not a consumer credit report was obtained, Lender(s) will provide that information, including the name and address of each consumer reporting agency from which a consumer credit report was obtained.
GetFinancing Account Agreement
This Agreement sets forth the terms and conditions of the GetFinancing Account (the "Account") and the extensions of financing made by one of the GetFinancing participating banks (each a “Lender” and collectively the “Lenders”). Please read this Agreement carefully and keep a copy for your records.
In this GetFinancing Account Agreement, the following definitions apply: "Agreement" means the GetFinancing Important Disclosures, Account Agreement, and any amendment or addendum to this Agreement. "GetFinancing Multi-Lenders Platform" is the payment system which allows me to pay for purchases from participating Merchants by charging the Costs of my purchase to my Account with the Lender(s) that has agreed to extend financing to me in order to complete my original purchase. In this Agreement it may be called simply “GetFinancing". "Purchases" are installment loans, revolving lines of credit or leases issued on the Account by Lender(s) to the Borrower, when the Borrower chooses the GetFinancing Multi-Lenders Platform to pay for a purchase from a Participating Merchant.
a. Parties to this Agreement.
"I", "me" and "Borrower" mean the person who applied for this Account and agrees to this Agreement. "You" means the Lender(s), and any person, company or bank to whom the rights of the Lender(s) have been assigned.
b. Other Parties
"Emerging Payments Technologies, Inc.,” located in Long Branch, New Jersey, owns and developed the GetFinancing Multi-Lenders Platform and provides, among other services, lead generation services for the Lender(s), such as pre-qualifying transactions, facilitating the presentation of the financing offers from the Lender(s) to the applicants, settling the transaction with the merchant in some cases, and providing customer service. ("GetFinancing” is a registered trademark of Emerging Payments Technologies, Inc.) "Merchant" means a merchant participating in and authorized to use the GetFinancing Multi-Lenders Platform.
c. Parts of the Account
i) Revolving Parts.
“Revolving Purchases” means the Lender(s) issues the Borrower a line of credit, typically with a stated or set limit, where outstanding amounts reduce the availability of credit capacity and such credit capacity is made available when the Borrower repays the Lender(s). The line of credit typically revolves because the Account has no termination date and the Lender(s) makes credit available to the Borrower on a continuing basis so long as the Account is in good standing and neither the Lender(s) nor the Borrower terminates the Account.
(ii) Installment Parts.
"Installment Purchases" are loans from the installment part of the account, which will be repaid in monthly installments called "Monthly Payments-Plans." "Interest-free Installment Purchases," if offered by the Lender(s), will not be subject to interest imposed by the Lender(s), if Borrower pays the balance in full by the End Date as described below. Although it should be noted that the specific terms and conditions of such an Installment Parts will be set forth by the Lender(s)."Financed Installment Purchases" will be subject to interest imposed by the Lender(s)."Financed Installment Purchases" will be subject to interest imposed by the Lender.
((iii) Leases Part.
“Lease-To-Own” financing program is the arrangement where the Borrower enters into a lease agreement with the Lender(s) with the inclusion of a clause that typically gives the Borrower the right, but not the obligation, to purchase the item leased at a predefined price and time. The Borrower promises to make lease payments for a defined period unless the Borrower decides to exercise his/her Early Purchase Option. Payments made under this lease are applied first to any fees or other charges due to the Lender and then to lease amounts due. After the initial term, the Borrower have 3 options: (1) continue the lease on a month-to-month basis by retaining possession of the Property, in which case additional periodic payment(s) must be made in the same frequency and amount as during the Borrower’s initial term, (2) Purchase the Property by exercising the purchase option, (3) Terminate the lease agreement by returning the Property to the Lender in good condition, fair wear and tear excepted.
d. Other Definitions used in this Agreement.
"Billing Cycle" means the time between the dates on which the Lender(s) prepares billing statements, or would have prepared them if statements were required under the paragraph of this Agreement called "Billing Statements." The Billing Cycle will end on approximately the same day of each month. Notwithstanding the preceding sentence, the Billing Cycle will end on any day that you or I Terminate the Account and I pay the balance in full.
"Closed-end Loan" means a closed-end loan from the Lender(s) to the Borrower, the proceeds of which are paid to a Merchant to pay the Cost of Borrower's purchase from the Merchant, using GetFinancing, at a time when the Borrower does not have an active Account or a portion of the Account is used to extend a Closed-end Loan.
"Cost" means the price of any item I purchase from a Merchant using GetFinancing, plus any fee or charge I agree to pay the Lender(s), including Interest Charges, the cost of shipping and taxes, less any applicable discount or credit offered by the Merchant.
“Deferred Interest Purchases” mean for example purchases I make for which the Merchant or the Lender(s) offers a period of months where there is no interest due or payable; it being noted that the specific terms and conditions for such Deferred Interest Purchases, if any, will be determined by the Lender(s).
"End Date" is the Payment Due Date of the final Monthly Plan Payment on an Installment Purchase.
"Expiration Date" for a Deferred Interest Purchase is the date on which the deferred interest period ends; for a purchase subject to an Extended Grace Period, typically it is a date 60 or 90 days (or another period) after the transaction date, as disclosed when the transaction is made.
“Grace Period" means the period within which I may repay a loan without incurring any interest on that loan. The Grace eriod applies only to Standard Purchases and Promotional Purchases which are not Deferred Interest Purchases.
"Payment Due Date" means the date which will appear each month as the "Payment Due Date" on the billing statement.
“T&C” means terms and conditions.
"Termination" means that I will no longer be able to obtain loans or any extension of credit on this Account. Termination affects the Account permanently, at the sole discretion of he Lender.
“TBD” means to be determined.
2. GENERAL DESCRIPTION OF THE ACCOUNT
This is a multi-part, open-ended account. I will request Financing on this Account by choosing the GetFinancing Multi-Lenders Platform when I make a purchase from a participating authorized Merchant at a website, by telephone, or at another authorized location. Borrower will be charged by the Lender(s) interest, fees or a monthly lease payment on all parts of this Account, beginning on each transaction date, except during the Grace Period and as otherwise provided in the paragraph of the Lender(s) Agreement called “Interest Rate and Interest Charges." I understand that I may only have the right to use some parts of the Account from time to time, when you make a special offer. The rate of interest may be different for different parts of the Account and different purchases made with the Account. Lender(s) and GetFinancing may make changes in this Agreement as explained in the paragraph called "Amendment of this Agreement."
3. HOW I AGREE TO THIS AGREEMENT
I agree to this Agreement and I make the promises it contains by doing either of the following:
- a. Requesting an Account. I may request an Account in any of the ways GetFinancing may provide through Participating GetFinancing authorized merchants.
4. HOW I CAN OBTAIN LOANS ON THIS ACCOUNT.
- a. Standard and Promotional Purchases. I can obtain financing on this Account by choosing the GetFinancing Multi-Lenders Platform when I make a purchase from a participating Merchant at a website, a brick and mortar location or by telephone. The participating Lender(s) will provide financing to me in the form of a revolving credit line, an installment loan or a lease which will be used to cover the Cost of the purchase, and to pay the Merchant on my behalf. The Lender(s) will make loans or leases subject to the Standard Purchase terms, unless special terms are in effect at the time of the loan or are offered by the Merchant. I understand and agree that a “Promotional Purchase” is a purchase that is based on an advertisement or special discount and that neither the Lender(s) nor GetFinancing is obligated to provide such promotion in the event I do not meet the eligibility criteria to qualify for the promotion or at any time after the promotion period ends.
- b. Installment Purchase. The Lender(s) may offer me the opportunity to make purchases from some Merchants as Installment Purchases. An installment purchase is generally a purchase where I have the right to make periodic payments, for example, over a designated number of months. GetFinancing may offer this as the only method I can use to make a purchase from a Merchant, or as an option in addition to the Standard Purchase method. If I make an Installment Purchase, GetFinancing will inform me if it is a Financed Installment Purchase and of the payment amount and terms, before I am asked to agree to the purchase
c. Other Agreements about Obtaining Loans.
- (i) Pre-Established Credit Line. If there is a pre-established credit line for this Account which is the amount of revolving credit that the Lender(s) has agreed to grant me at the time of the application. GetFinancing will evaluate my request for credit at the time I open my Account and make my first purchase. Generally, credit will be available to borrow again as I repay the balances from previous purchase. GetFinancing and/or the Lender(s) may occasionally and routinely verify credit information about me and obtain an updated consumer report in connection with this Account. GetFinancing and/or the Lender(s) may verify credit information from time to time in connection with specific purchases. GetFinancing and/or the Lender(s) have the option to refuse my request for any additional loans, but I will notify me of the reasons for any refusal. In the event I seek to make a purchase using the Closed-end Loan, if applicable, such loan may or may not be available and may be subject to additional terms and conditions set forth by the Lender(s).
- (ii) You may charge my Account for Purchases. I authorize you to charge this Account for the Cost of any purchase I, or anyone to whom I have given permission to use this Account make from a Merchant using GetFinancing. I understand that the amount that you actually pay to the Merchant may be less than the Cost, because the Merchant may agree that you may retain a portion of the Cost in order to participate in the GetFinancing Multi-Lender(s)s Platform.
- (iii) The Lender(s) may charge my Account for Interest and Fees. I authorize the Lender(s) to charge this Account for interest, any Fees, costs of collection, and amounts that I agree in this Agreement to pay.
5. MY PERSONAL INFORMATION
EEach time I choose GetFinancing, I authorize the Merchant to share my personal information with GetFinancing and the Lender(s) to the extent necessary for the Lender(s) to make a credit decision and complete the transaction, including paying the Merchant on my behalf, opening my Account, charging my Account for the Cost of the purchase, sending me a billing statement, servicing my Account and for any and all other lawful purposes in connection with this Account. I authorize the Merchant to share my e-mail address with GetFinancing and the Lender(s). I consent to your sending me e-mails for any lawful purpose in connection with this Account, including commercial e-mails for marketing GetFinancing, its features, and the benefits of using GetFinancing at Merchants who accept it. I may withdraw my consent to your sending me commercial e-mails, at any time, by changing my "e-mail preferences" at the Lender(s)’s website listed on the billing statement or by "unsubscribing" when you send me an e-mail.
6. PROMISE TO PAY
Borrower promises to pay the Lender(s) the balance on this Account, including all purchases, loans and other amounts Borrower has authorized you to charge to this Account. Borrower promises to pay these amounts as agreed in the Lender(s) Agreement, including the promise to make the Minimum Payment Due each month on or before the Payment Due Date.
7. BORROWER ALSO PROMISES.
- a. To pay for all purchases made by me and by someone I authorized to use this Account. You (and any person who may decide whether I am liable for amounts charged to this Account) may presume that I have authorized any purchase made in my name using this Account, if the purchase is delivered in my name to my address, unless I return the purchase to the Merchant within a reasonable period of time. The Lender(s) will set forth the terms and conditions relating to unauthorized purchases in its agreement;
- b. TTo give GetFinancing and/or the Lenders personal financial information about me that GetFinancing and/or the Lenders may reasonably request, from time to time;
- c. To pay all costs of collection if any action is taken to collect this Account or take any action in a bankruptcy proceeding filed by or against me, if you are permitted by applicable law to charge those costs. This shall include, unless prohibited by applicable law, reasonable attorneys' fees and expenses up to the maximum amount permitted by applicable law;
- d. Not to give you false information or signatures, electronic or otherwise, at any time;
- e. To make all payments to the Lender(s) by check, money order, electronic funds transfer, credit/debit cards or ACH in U.S. Dollars, drawn on funds on deposit with a U.S. financial institution or a U.S. branch of a foreign financial institution, in a form that will be processed and honored by your financial institution, in accordance with the reasonable requirements set forth on the billing statement sent to the borrower by the Lender(s), and to make each payment so that the Lender(s) receive it at the remittance address disclosed on the billing statement. If the Borrower makes a non-conforming payment, for example a partial payment, The Lender(s) may refuse to accept the payment or, if the Lender(s) do accept it, the Borrower agrees to pay your costs of processing the payment. A non-conforming payment, if accepted by the Lender(s), will be credited to my Account not more than 5 days after the date you receive it, unless otherwise required by law. A non-conforming payment includes, among other things, a payment that is not made in accordance with this paragraph and with the reasonable requirements set forth on the billing statement, oversized and undersized instruments, instruments using non-standard materials, instruments in a non-standard format, and any non-standard instrument that requires special handling;
- f. That when I make a payment on this Account by check, I authorize the Lender(s) to use the information from my check to make a one-time electronic funds transfer from my account. In certain circumstances, such as for technical or processing reasons, the Lender(s) may process my payment as a check transaction. When the Lender(s) uses information from my check to make an electronic fund transfer, funds may be withdrawn from my account on the same day you receive my payment, and I understand that I will not receive my cancelled check back from my financial institution. I have the right to withdraw this authorization at any time by informing the Lender(s) that I do not want it/them to use the information from my checks to make an electronic fund transfer; to do so, I must contact the Lender(s) directly;
- h. To promptly notify GetFinancing and the Lender(s) if I change my name, mailing address, e-mail address or telephone number.
- i. To honor any and all other promises that I make in this Agreement;
- j. That I will not accept this Account unless I am of legal age in the state where I reside and am a resident of the U.S.A.;
- k. If I am dissatisfied with goods or services I purchased from a Merchant, I will try in good faith to resolve the dispute and correct the problem directly with the Merchant. I agree to allow a reasonable period of time for the Merchant to resolve the dispute. This shall in no way limit or reduce my rights in case of a billing error;
- l. To use GetFinancing only for lawful business, personal, family or household purposes.
The following terms and conditions will be set forth by the Lender(s): credit amount, limit and availability; conditions and requirements that govern the maintenance of the Account; how interest is calculated; when interest begins; how interest will be assessed; the applicable grace period; the determination of the balance on which interest is calculated; the minimum interest; the interest rate; fees including but not limited to annual fees, late fees, over-the-limit fees, returned check fees, bounced check fees, fees relating to printing duplicate account statements, minimum payment; payment application; prepayment; billing statements and credits; and default.
8. TERMINATION OF THE ACCOUNT
- a. In addition to Termination by default, GetFinancing® may Terminate this Agreement at any time and for any reason subject to the requirements of applicable law.
- b. . I can terminate my Account by sending written notice to the Lender(s) at the address on the billing statement, or on its website.
- c. If there is no debit or credit on this Account for twelve (12) consecutive months, GetFinancing® and the Lender(s) may terminate this Account without notice to me.
- d. After Termination, I will not be able to make new purchases on this Account. Termination under this paragraph will not affect any purchase which complies with this Agreement and which was made before the date of the Termination notice. If GetFinancing chooses, at its sole option, to allow purchases after the account have been Terminated this Account (whether or not I have given you notice Terminating this Account), I agree that you may charge those purchases to this Account. After Termination under this paragraph, balances will continue to accrue interest until paid in full and I agree to pay the balance on this Account, the interest and all other amounts due in accordance with the terms and conditions of this Agreement. All other provisions of this Agreement will continue to apply.
9. YOUR LIABILITY.
YGetFinancing has no responsibility for the failure of any Merchant to accept payment using the GetFinancing Multi-Lenders Platform. Your liability, if liability is provided under applicable law, for a wrongful failure to make financing available to me on this Account is limited to my actual damages. Failure to make financing available to me for any reason as provided under the terms of this Agreement will not be wrongful.
10. AMENDMENT OF THIS AGREEMENT
WGetFinancing may amend this Agreement at any time by sending me an E-mail to the address I furnished. Except as stated below, all amended terms shall be effective 30 days after such e-mail is sent. I may review the then current Agreement prior to initiating a transaction at any time.
11. REMEDIES CUMULATIVE.
GetFinancing remedies under this Agreement shall be cumulative and not alternative.
12. DELAY IN ENFORCEMENT.
GetFinancing can delay enforcing any of its rights under this Agreement without losing them. Any waiver by GetFinancing of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion.
I may not assign or otherwise transfer my rights and privileges under this Agreement, or delegate my obligations to repay amounts I owe to the Lender(s). Any attempt to assign or delegate will be void and of no effect. GetFinancing may assign any and all of its rights under this Agreement at any time without my consent. Any person, company, bank or entity that functions in a similar capacity to whom you assign this Agreement shall be entitled to all of your rights under this Agreement. None of my rights or obligations shall be affected by such assignment.
14. COMMUNICATIONS CONCERNING DISPUTED DEBTS.
ALL COMMUNICATIONS BY ME CONCERNING DISPUTED DEBTS, INCLUDING IN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE ACCOUNT SHALL BE SENT TO (x) THE LENDER TO THE ADDRESS PROVIDED ON THE BILLING STATEMENT, ON ITS WEBSITE OR ON THE PLASTIC CARD, or (Y) YOU TO: GetFinancing, 6 West End Court, Suite # 1, Long Branch, NJ 07740
15. CREDIT INVESTIGATION AND REPORTING.
I authorize GetFinancing and the Lender(s) to make or have made any credit, employment and investigative inquiries you deem appropriate related to this Account and the collection of amounts owed on this Account. I agree that GetFinancing and the Lender(s) have the right to obtain a credit report in connection with your review of my application and periodically, during the term of this Account, as you deem reasonably necessary to maintain and collect this Account. I authorize GetFinancing and/or the Lender(s) to answer any questions about your experience with me related to this Account and to report that experience to credit reporting agencies.
16. NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN US; CONSENT TO ELECTRONIC COMMUNICATIONS AND MONITORING AND RECORDING.
17. GOVERNING LAW, CONSTRUCTION AND DISPUTES.
- a. Governing Law and Construction. This Agreement has been accepted by me in the state of Delaware, and all financing will be extended by the Lender(s) in the state of registration of the Lender(s) and subject to the terms and conditions of the agreement, if any, furnished by the Lender(s). Regardless of the state of my residence or the place where the Merchant is located, I agree that the provisions of this Agreement relating to interest, charges and fees shall be governed by Federal law and construed in accordance with Federal law and, as made applicable by Federal law, the laws of governing the agreement between me and the Lender(s). Other terms and provisions shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to principals of conflicts of law, except to the extent preempted, superseded, or supplemented by Federal law.
- b. Forum for Disputes. Except as otherwise agreed by the parties, I agree that any claim or dispute I may have against GetFinancing must be resolved by a court located in Delaware. I agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
- c. Improperly Filed Litigation. All claims I may bring against you must be resolved in accordance with section 17 of this Agreement. All claims filed or brought contrary to section 17 shall be considered improperly filed and a breach of this Agreement. Should I file a claim contrary to section 17, you may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that GetFinancing have notified me in writing of the improperly filed claim, and I have failed to promptly withdraw the claim.
If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.
19. BORROWER'S BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE.
“Purchases on Account” mean purchases made with this Account. This notice is required by Federal law. In this notice, "you" and "your" mean the Borrower. "We" and "our" mean the Lender(s). This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What to do if you find a mistake on our statement.
If you think there is an error on your statement, write to:
The Lender(s) at: The address listed on the Billing Statement, on the Lender(s)’s website;
In your letter, provide the Lender(s) with the following information:
- Account information: Your name and account number.
- Dollar amount: The dollar amount of the suspected error.
- Description of problem: If you think there is an error on your bill, describe what you believe is incorrect and why you believe it is a mistake.
You must contact the Lender(s):
- Within 60 days after the error appeared on your statement.
- At least 3 business days before an automated payment is scheduled, if you want to stop or withhold payment on the amount you think is wrong.
You must notify the Lender(s) of any potential errors in writing. You may call or e-mail the Lender(s), but if you do please note that the Lender(s) is/are not required to investigate any potential errors and you may have to pay the amount in question in full.
What Will Happen After the receipt of Your Letter. Once the Lender(s) receives your letter, the applicable party must do two things:
- 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, the Lender(s) must either correct the error or explain to you why they believe the bill is correct. While they investigate whether or not there has been an error:
- The Lender(s) cannot try to collect the amount in question or report you as delinquent on that amount..
- The charge in question may remain on your statement, and the Lender(s) may continue to charge you interest on that amount.
- We can apply any unpaid amount against your credit limit.
After the Lender(s) complete its/their investigation, one of two things will happen:
- If a mistake was made: You will not have to pay the amount in question or any interest or other fees related to that amount.
- If there was no mistake: You will have to pay the amount in question, along with applicable interest and fees. The Lender(s) will send you a statement of the amounts you owe and the date payment is due. The Lender(s) may then report you as delinquent if you do not pay the amount that was determined that you owe.
If you receive an explanation but still believe your bill is wrong, you must write within 10 days telling the Lender(s) that you still refuse to pay. If you do so, the Lender(s) cannot report you as delinquent without also reporting that you are questioning your bill. The Lender(s) must tell you the name of anyone to whom they reported you as delinquent, and must let those organizations know when the matter has been settled.
Your Rights If You Are Dissatisfied With Your Account Purchases
If you are dissatisfied with the goods or services that you have purchased with your Account and you have tried in good faith to correct the problem with the Merchant, you may have the right not to pay the remaining amount due on the purchase.
Contact The Lender(s) at the address listed on the Billing Statement, or on the Lender(s)’s website.
20. COLLECTION AND USE OF BANK ACCOUNT INFORMATION.
If the Lender(s) extend credit to a consumer, they will consider the bank account information provided by the consumer as eligible to process payments against. In addition, as part of the information collection process, The Lender(s) may detect additional bank accounts under the ownership of the consumer. These accounts will be considered additional accounts to be part of the application process.
Our Commitment: Protecting the privacy of the nonpublic personal information (“Information” or “NPI”) you share with us is one of our top priorities. We value your trust and want you to understand what information we collect, how we keep it safe, and how we use it.
When you request GetFinancing services, GetFinancing collects nonpublic personal information ("NPI") which you submit. NPI typically includes but may not be limited to your name, address, telephone number, Date of Birth, Social Security Number or a portion of your Social Security Number. GetFinancing also receives NPI from third parties such as the merchant at which you make the purchase, based on the information you provide to GetFinancing, as well as NPI about your transactions with GetFinancing, its affiliates, participating merchants and/or others, for example purchase price and payment arrangements. NPI also includes information we receive from a consumer reporting agency, such as your credit history.
In order for us to provide services to you, GetFinancing may disclose NPI to service providers or other financial institutions, such as solutions providers performing services on GetFinancing's behalf and subject to a confidentiality agreement.
GetFinancing may also disclose NPI or parts of your NPI to companies that perform marketing services on our behalf and who are bound by a confidentiality agreement.
GetFinancing may also disclose NPI, or parts of same, about you to third-parties as permitted by law; this may include for purposes of maintaining or servicing your account, protecting against potential fraud, protecting against unauthorized transactions, or for resolving billing disputes.
GetFinancing restricts access to NPI to those employees who need to know that information to provide products or services to you. GetFinancing maintains physical, electronic, and procedural safeguards to help maintain the service and your NPI.
GetFinancing will post any changes or updates to this Privacy Notice on its website, http://www.getfinancing.com/privacy
When you applied for a GetFinancing account and authorized GetFinancing to seek credit on your behalf, you agreed to receive updates to GetFinancing's Privacy Notice and Terms via posting on GetFinancing's website. By clicking "I Agree" when you applied for a GetFinancing account, you also provided your electronic signature, expressing your agreement and intent to accept the terms and conditions of GetFinancing account and this Privacy Notice and Terms.
Collection of Information
In order to give you products and services you request, to service your Account, and as we believe are helpful to decide your eligibility for products or services, we collect the following types of Information about you from the following sources:
- • Information we receive from you (or is given to us on your behalf) during the application process and on forms, such as your name, address, telephone number, drivers license number, social security number, date of birth, e-mail address, employer and income;
- • Information about your transactions with us or others, such as Account balance, payment history, and where and how you use your Account;
- • Information we may get from a consumer reporting agency, such as your credit score and credit history.
Information We May Share and With Whom We May Share Information
We do not sell your Information to any outside organization without your consent. We do not disclose your Information to any of our related companies or outside organizations other than as described in this Policy.
- Disclosures Between Us. GetFinancing may disclose all the Information described above to Lender(s) and Lender(s) may disclose all the Information described above to GetFinancing as permitted by law.
- Disclosures by GetFinancing Among Companies in its Corporate Family. GetFinancing may disclose all the Information described above among companies within its corporate family (related or affiliated companies), which may include financial institutions (such as banks or finance companies) or nonfinancial institutions (such as online retail companies).
- Additional Disclosures Permitted by Law. We may share all of the Information described above, as permitted by law. For example, we may disclose Information to related or affiliated, companies that perform services for us, such as taking customer calls, processing your Account, and providing software for us. We also may disclose Information to unrelated companies that perform such services for us. We may share Information to answer questions from law enforcement agencies or state and Federal banking regulators, or to respond to a subpoena or protect against fraud. We may also share Information with your consent.
- Disclosures for Joint Marketing and Servicing. We may share all of the Information described above with companies that provide marketing services for us (for example, affiliates and unrelated companies, including financial companies such as banks and insurers; non-financial companies, such as direct marketers and mail houses; and others,) or with other financial companies, such as insurers, banks and securities broker-dealers with which we have joint marketing agreements.
Our Security Procedures We limit use of Information about you to those employees, agents or contractors who we believe have a legitimate business purpose to access such Information. We maintain physical, electronic and procedural safeguards that comply with or exceed Federal standards to keep Information about you safe. We require companies working for us to protect Information. They agree to use it only to provide the services we ask them to perform for us.