CONSENT TO USE ELECTRONIC SIGNATURES AND RECORDS, STATE DISCLOSURES, AND TELECOMMUNICATIONS CONSENT
I. E-sign consent
Please read this document carefully.
1. DEFINITIONS. As used in this “Disclosure and Consent to Use Electronic Records” (the “Consent”):
“Account” means your motor vehicle retail installment contract, motor vehicle lease or ancillary product contract.
“We,” “us,” and “our” mean (i) the vehicle dealer; (ii) any lender, sales finance company, or other party involved in financing the purchase or lease of your vehicle or of any ancillary products or services; and (iii) any service provider acting on behalf of the dealer or any of the preceding parties.
“You” and “your” mean account holder who is giving this consent.
“Records” means all documents related to an Account that you currently have or that you obtain from us, such as your credit application, your customer agreements, amendments to your customer agreements, consumer disclosures, billing statements, online bill payments and payment authorizations, transaction histories, privacy policies, extension and modification agreements and other servicing documents, and all other communication or information related to the Account you currently have or that you obtain from us, including any records we are required by law to provide to you in writing during the term of our business relationship with you.
2. SCOPE OF CONSENT. By giving your consent, you agree to conduct Account transactions with us using your computer or mobile device to receive, view and electronically sign Records. You agree that such electronic signatures will consist of clicking on buttons and/or checking boxes where indicated. You also consent to the use of electronic Records displayed on the computer, mobile device or tablet you are using, as well as any Records that we send to you electronically. We may provide Records to you electronically by emailing them to you at any email address that you provide us, which may include the Records as attachments or as embedded links to a website that we operate and control. Your consent will be effective unless you withdraw it in the manner provided below.
3. HOW TO UPDATE YOUR CONTACT INFORMATION. You agree to provide us with your accurate personal contact information and to promptly notify us of any changes. If you have a working email address, your personal contact information must include that email address. You can update your contact information (including your email address) by logging into your online account that may be provided to you or by contacting the holder of your Account or its designated service provider.
4. OBTAINING PAPER COPIES. At any time and without charge, you may obtain free paper copies of your Records from us by contacting the holder of your Account or its designated service provider to request that a free paper copy be mailed to you. You can also obtain a free paper copy of any Record by choosing to have your Records emailed to you, where you can view and print your Records using your device. The request for a paper copy of a Record will not by itself constitute a withdrawal of your consent to receive Records electronically. We reserve the right, but are not required, to send a paper copy of any Record you authorize us to provide electronically.
5. WITHDRAWING CONSENT. After you have completed your transaction, you may at any time withdraw your consent to receive Records electronically. You have the option to withdraw your consent to receive or use certain electronic Records while keeping your consent to receive or use other electronic Records. You may withdraw or limit your consent by logging into any online account that may be provided to you or by contacting the holder of your account or its designated service provider.
We will not impose any fee if you withdraw your consent to receive Records electronically. If you withdraw your consent to receive Records electronically, such withdrawal will not apply to Records that were furnished to you electronically before the date on which the withdrawal of your consent takes effect.
6. HARDWARE AND SOFTWARE REQUIREMENTS. In order to use electronic signatures and Records you should have and continue to have hardware sufficient to utilize Firefox 27.0, IE 11.0, Chrome 30.0, Opera 12.18, Edge 0.0. To print or download disclosures you should have a printer connected to your PC or sufficient hard-drive space for saving the disclosure and a printer if you wish to print paper copies. You will need a program that can view, save and print PDF files (such as Adobe Reader 6.0 or higher). You will also need a working email account to receive, view, sign and print your Records. To verify that you have all of the necessary hardware and software for you to use electronic Records and signatures on your devices, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this document to an address where you will be able to print on paper or save it for your future reference and access. If we ever change the hardware or software requirements in a way that creates a material risk that you will not be able to access or retain a Record that we previously sent you, we will send you notice of the revised requirements.
By enrolling your account, you agree that you have the ability to transmit, receive, and retain disclosures in electronic form and that you consent to receive such disclosures electronically.
LAST UPDATED: June 22, 2023
II. Telecommunications consent
You agree that we may call you, using an automatic telephone dialing system or otherwise, leave you a voice, prerecorded, or artificial voice message, or send a text, e-mail, or other electronic message to you for any purpose related to the processing, servicing and collection of the products or services you request or receive from us (each a “Communication”). You authorize us, any financial institution that extends you credit, any assignee thereof, or service provider of the forgoing to send a Communication to any telephone numbers or e-mail addresses that you provided to us in connection with your credit application or transaction. You agree that you are authorized to provide this Communications consent because you are either the subscriber of the telephone number(s) or you are a non-subscriber customary user who is authorized to provide this Communications consent. You agree that we may include your personal information in a Communication. You understand that we will not charge you for a Communication, but your service provider may. In addition, you understand and agree that we may always communicate with you in any manner permitted by law that does not require your prior consent. You agree that your consent to the Communications is part of the consideration you provide in exchange for any product or service you receive from us and constitutes a material part of your agreement with us if your application is approved.
III. State Disclosures
California Residents:
An applicant, if married, may apply for a separate account.
Maine and Tennessee Residents:
You must have physical damage insurance covering loss or damage to the vehicle for the term of the contract. For lease, you must also have the liability insurance as described in the lease. 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.
New Hampshire Residents:
If you are applying for a balloon payment contract, you are entitled, if 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 sales 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, a consumer report may be obtained from a consumer reporting agency (credit bureau). If credit is extended, the party or parties extending credit or holding such credit may order additional consumer reports in connection with any update, renewal or extension of the credit. If you ask, you will be told whether a consumer report was requested and, if so, the name and address of any consumer reporting agency (credit bureau) from which such credit report was obtained.
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.
Rhode Island Residents:
Consumer reports may be requested in connection with this application. You have the right of free choice in selecting an insurer to provide insurance required in connection with this transaction subject to our reasonable approval in accordance with applicable law.
Vermont Residents:
You authorize us and any financial institution with which this credit application is shared, and each of their respective 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 they may deem necessary or appropriate in evaluating your credit application. If your credit application is approved and credit is granted, you also authorize the parties granting credit or holding your account, and their respective 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:
No provision of any marital property agreement, any unilateral statement under Wis. Stat § 766.59 or any court decree under § 766.70 applied to marital property adversely affects our interest unless you furnish a copy of the agreement, statement, or court decree or we have actual knowledge of such adverse provision before credit is granted. If you are making this credit application individually and not jointly with your spouse, complete the application for yourself and complete the Co-Buyer section with your non-applicant spouse. Your non-applicant spouse should not sign the credit application if you are applying for individual credit.