The words "you," "your" and "yours" mean each person submitting this application. The words "we," "us," "our" and "ours" as used below refer to the dealer and to the Financial Institutions selected to receive your application.
You authorize the dealer, as part of the credit underwriting process, to submit this application and any other application submitted in connection with the proposed transaction to the Financial Institutions disclosed to you by the dealer, for review. In addition, in accordance with the Fair Credit Reporting Act, you authorize that such Financial Institutions may submit your applications for review to other Financial Institutions that may want to purchase your contract.
You agree that we and any Financial Institutions to which your application is submitted may obtain a consumer credit report periodically from one or more consumer reporting agencies (credit bureaus) in connection with the proposed transaction and any update, renewal, refinancing, modification or extension of that transaction.
You agree that we may verify your employment, pay, assets and debts, and that anyone receiving a copy of this is authorized to provide us with such information.
You further authorize us to gather whatever credit and employment history we consider necessary and appropriate in evaluating this application and any other applications submitted in connection with the proposed transaction.
We may keep this application and any other application submitted to us, and information about you whether or not the application is approved. You certify that the information on this application and in any other application submitted to us, is true and complete. You understand that false statements may subject you to criminal penalties.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name,address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin Residents: If you, the applicant, are married and live in a community property state, you may be contacted by the dealer to provide the personal credit information on your spouse in the co-applicant section. Your spouse is not required to be a co-applicant for the credit requested unless he/she wishes to be a co-applicant.
California Residents: An applicant, if married, may apply for a separate account.
Maine Residents: You may purchase required insurance through any insurance agent or broker and from any insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates when choosing an agent, broker or insurer. Your choice of a particular insurance agent, broker or insurer will not affect our credit decision, so long as the insurance provides adequate coverage with an insurer who meets our reasonable requirements.
Ohio Residents: Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
New Hampshire Residents: If you are applying for a balloon payment contract, you are entitled, it you ask, to receive a written estimate of the monthly payment amount for refinancing the balloon payment in accord with the creditor's existing refinance programs. You would be entitled to receive the estimate before you enter into a balloon payment contract. A balloon contract is an installment sale contract with a final scheduled payment that is at least twice the amount of one of the earlier scheduled equal periodic installment payments.
New York Residents: In connection with your application for credit, we may request a consumer report that contains information on your credit worthiness, credit standing, personal characteristics and general reputation. If we grant you credit, we or our servicer may order additional consumer reports in connection with any update, renewal or extension of the credit. If you ask us, we will tell you whether we obtained a consumer report and if we did, we will tell you the name and address of the consumer reporting agency that gave us the report.
Vermont Residents: By clicking on "Submit", you authorize us and our employees or agents to obtain and verify information about you (including one or more credit reports, information about your employment and banking and credit relationships) that we may deem necessary or appropriate in evaluating your application. If your application is approved and credit is extended, you also authorize us, and our employees and agents, to obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the account (if applicable), taking collection on the account, or for any other legitimate purpose.
Married Wisconsin Residents: Wisconsin law provides that no provision of any marital property agreement, or unilateral statement, or court order applied to marital property will adversely affect a creditor's interests unless, prior to the time that the credit is granted, the creditor is furnished with a copy of the agreement, statement or decree, or has actual knowledge of the adverse provision. If you are making this application individually, and not jointly with your spouse, the dealer may contact you for the full name and current address of your spouse, which must be properly disclosed.
AGREEMENT TO ARBITRATION
Either you or we may elect to settle by binding arbitration any dispute between you and us, our employees, agents, successors or assigns, which may otherwise be brought in a court or before a governmental agency. Disputes submitted to arbitration pursuant to this Agreement shall be arbitrated on an individual basis and not on a consolidated, class or collective basis, unless all parties agree. This Agreement shall be enforced under the Federal Arbitration Act ("FAA") (9 U.S.C. § 1 et seq.) Any dispute shall be arbitrated in accordance with the rules of the American Arbitration Association, 1633 Broadway, 10th Floor, New York New York 10019 (www.adr.org) or, upon mutual agreement, the rules of another organization. The Arbitrator shall be a retired judge or lawyers selected pursuant to the applicable rules. The Arbitrator shall be authorized to resolve the dispute between you and us. Resolution of disputes shall be based solely upon the law governing the claims and defenses asserted. The Arbitrator shall have the authority of a trial court judge sitting without a jury, but may not modify or invalidate any provision of this Agreement or the arbitration rules, nor may the Arbitrator invoke any basis other than controlling law. The arbitration hearing shall be conducted in the federal district where the Dealer is located. We will pay the filing fee, case management fee and your arbitration fee up to a maximum of $5,000 unless the law or arbitration rules require us to pay more. Each party is responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. Nothing in this Agreement limits the arbitrator from awarding monetary damages. The arbitrator award, if any, shall be in writing and shall be final and binding on all parties except for any right to appeal under the FAA. This Agreement does not preclude self-help remedies available to either you or us, and neither party is required to arbitrate a claim filed with a small claims court or equivalent state court so long as that court has jurisdiction and unless such action is transferred or appealed to a different court. If any part of this Agreement is unenforceable, the rest of shall remain enforceable, except if the waiver of class action rights is deemed unenforceable, the remainder of this Agreement is likewise unenforceable. REVIEW CAREFULLY: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU GIVE UP YOUR RIGHTS TO HAVE DISPUTES DECIDED IN COURT OR BY A JURY. YOU GIVE UP YOUR RIGHTS TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER. DISCOVERY AND APPEAL RIGHTS IN ARBITRATION ARE MORE LIMITED THAN IN A LAWSUIT.