Terms are applicable to both Loan customers and Lease-to-Own customers unless noted otherwise.
1. CONSENT TO ELECTRONIC TRANSACTIONS (“E-Consent”)
Please read this information carefully and print a copy and/or retain this information electronically for future reference.
Introduction.
You are applying for financing through an online application provided by Snap Finance, LLC and/or its affiliates, including Snap RTO LLC, and Snap Second Look LLC (hereinafter collectively “we,” “us,” “our,” or “Snap Finance”). To provide these services, we need your consent to using and accepting electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving disclosures, notices and information via Snap Finance. By clicking “Sign-up,” “I Agree,” “Next, “or “Submit,” or other links assenting to our terms or other links assenting to our terms, you acknowledge you received this E-Consent and that you consent to using electronic signatures, records, and disclosures. Additionally, by clicking “Sign-up,” “I Agree,” “Next,” “Submit,” or other links assenting to our terms, you consent to conduct transactions by using electronic disclosures, electronic records, and contract documents ("Disclosures").
Option for Paper or Non-Electronic Records.
You may request a paper application and any Disclosures in paper copy by logging in and printing a paper copy. You may also mail us your written request to Snap Finance, PO Box 26561, Salt Lake City, UT 84126. We will provide paper copies at no charge. Snap Finance will retain all Disclosures as applicable law requires.
Scope of Consent.
This E-Consent applies to all interactions online concerning you and Snap Finance, and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, Snap Finance will process your information and interact during all online interactions with you electronically. We will also send you notices electronically related to our interactions and transactions.
Consenting to Do Business Electronically.
Before you decide to do business electronically with Snap Finance, you should consider whether you have the required hand software capabilities described below.
Hardware and Software Requirements.
To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape®, Safari®, Mozilla Firefox®, or Google Chrome® or similar software. To read most documents, you may need a PDF file reader like Adobe® Acrobat Reader Xpdf® or Foxit® or similar software. If these requirements change while you are maintaining an active relationship with Snap Finance, and the change creates a material risk that you may not be able to receive Disclosures electronically, Snap Finance will notify you of these changes. You will need a printer or a long-term storage device, such as your computer's disk drive, to retain a copy of the Disclosures for future reference. You may send us your written questions regarding the hardware and software requirements by mail to Snap Finance, PO Box 26561, Salt Lake City, UT 84126.
Withdrawing Consent.
You are free to withdraw this E-Consent at any time and at no charge. However, if you withdraw this E-Consent before receiving financing services, this will prevent you from obtaining financing services from us through electronic means. If at any time you wish to withdraw this E-Consent, you can send us your written request by mail to Snap Finance, PO Box 26561, Salt Lake City, UT 84126, with the details of such request. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.
Updating Your Contact Information.
You should keep us informed of any change in your electronic address or mailing address. You may update such information by logging into our website and providing the updated information. You may also send us your written update by mail to our address above, or by calling us at any toll-free number we provide to you directly or on snapfinance.com.
COLLECTION AND USE OF BANK ACCOUNT INFORMATION:
As part of our information collection process, we may detect additional bank accounts under the ownership of the consumer. We will consider these additional accounts to be part of the application process. By applying, you authorize us to search for and evaluate bank accounts under your ownership for this purpose.
YOUR ABILITY TO ACCESS DISCLOSURES.
BY CLICKING “SIGN-UP,” “I AGREE,” “NEXT,” OR “SUBMIT,” OR OTHER LINKS, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE. Once you give your consent, you can log into the website to access these documents.
CONSENT.
BY CLICKING “SIGN-UP,” “I AGREE,” “NEXT,” OR “SUBMIT,” OR OTHER LINKS, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WE WILL PROVIDE TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE FINANCING SERVICES FROM US OVER THE INTERNET.
2. ADDITIONAL TERMS AND CONDITIONS
California Residents:
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
Utah Residents:
As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
Credit Inquiries and Reporting Authorization:
You authorize us to obtain consumer reports from consumer reporting bureaus, other specialty consumer reporting agencies, and other third-parties for evaluation purposes at the time of application, and any time thereafter, as we may choose.
Contact Authorization:
You acknowledge that we may verify the truthfulness of the information you provided on this application by contacting third parties.
Phone Messages:
By signing, you give us permission to call the landline or cell phone numbers provided by you, by automated dialer or otherwise, and to leave voice messages at the phone numbers listed above, disclosing the name of Snap Finance, contact information, and the nature of the call. You may revoke this authorization at any time in the future by contacting us, preferably by mail for your records.
Email:
You authorize us to email you information about your application and transaction.
Privacy Policy:
You verify that you have received a copy of our Privacy Policy.
JURY TRIAL WAIVER AND ARBITRATION CLAUSE
By signing, you agree to this Jury Trial Waiver and Arbitration Clause (“Clause”); provided, however, that this Clause does not apply to Loan applicants who are covered by the Military Lending Act (“MLA”). This Clause applies to all lease-to-own customers.
Background and Scope
| What Is Arbitration? | An alternative to court | In arbitration, a third party (“Arbiter”) solves Disputes in a hearing (“hearing”). You, related third parties, and we, waive the right to go to court. Such “parties” forgo jury trials. |
| Is it different from court and jury trials | Yes. | The hearing is private and less formal than court. Arbiters may limit pre-hearing fact finding, called “discovery.” The decision is final. Courts rarely overturn Arbiters. |
| Who does the Clause cover? | You, Us, and Others. | This Clause governs the parties, their heirs, successors, assigns, and third parties related to any Dispute. |
| Which Disputes are covered? | All Disputes. | In this Clause, the word “Disputes” has the broadest possible meaning. This Clause governs all “Disputes” involving the parties. This includes all claims even indirectly related to your application and agreements with us. This includes claims related to information you previously gave us. It includes all past agreements. It includes, as may be applicable, any additional periods, extensions, renewals, and plans. It includes claims related to damaged property, buyout, reinstatement, loss, damage, warranty, maintenance, collection, possession, privacy, and customer information. It includes claims related to setting aside this Clause. It includes claims about the Clause’s validity and scope. It includes claims about whether to arbitrate. |
| Are you waiving rights? | Yes. | You waive your rights to:
|
| Are you waiving class action rights? | Yes. | COURTS AND ARBITERS WON’T ALLOW CLASS ACTIONS. You waive your rights to be in a class action, as a representative and a member. Only individual arbitration, or small-claims courts, will solve Disputes. You waive your right to have representative claims. Unless reversed on appeal, if a court invalidates this waiver, the Clause will be void. |
| What law applies? | The Federal Arbitration Act (“FAA”). | This transaction involves interstate commerce. Thus, the FAA governs. If a court finds the FAA doesn’t apply, and the finding can’t be appealed, then the state law where you were when you signed, governs. The Arbiter must apply substantive law consistent with the FAA. The Arbiter must follow statutes of limitation and privilege claims. |
| Can the parties try to solve Disputes first? | Yes. | We can try to solve Disputes if you call us at 877-557-3769. If this doesn’t solve the Dispute, mail us written notice, within 100 days of the Dispute date. In your notice, tell us the details and how you want to solve it. We will try to solve the Dispute. If we make a written offer (“Settlement Offer”), you can reject it and arbitrate. If we don’t solve the Dispute, either party may start arbitration. To start arbitration, contact an Arbiter or arbitration group listed. No party will disclose settlement proposals to the Arbiter during arbitration. |
| How should you contact us? | By mail. | Send mail to: PO Box 26561 Salt Lake City, UT 84126. You can call us or use certified mail to confirm receipt. |
| Can small-claimscourt solve some Disputes? | Yes. | Each party has the right to arbitrate, or to go to small-claims court if the small-claims court has the power to hear the Dispute. Arbitration will solve all disputes that the small-claims court does not have the power to hear. If there is an appeal from small-claims court, or if a Dispute changes so that the small-claims court loses the power to hear it, then the Dispute will only be heard by an Arbiter. |
| Do other options exist? | Yes. | Both parties may use lawful self-help remedies. This includes set-off or repossession and sale of property. Both parties may seek remedies which don’t claim money damages. This includes pre-judgment seizure, injunctions, or equitable relief. |
| Will this Clause continue to govern? | Yes, unless Otherwise agreed. | The Clause stays effective, unless the parties sign an agreement stating it doesn’t. The Clause governs if you rescind the transaction. It governs if you default, renew, prepay, or pay. It governs if you terminate, if you reinstate, and if you return the Property. It governs if your Agreement is impacted by bankruptcy. The Clause remains effective, despite a transaction’s termination, amendment, expiration, or performance. |
Process
| How does arbitration start? | Mailing a notice | Either party may mail the other a request to arbitrate, even if a lawsuit has been filed. The notice should describe the Dispute and relief sought. The receiving party must mail a response within 20 days. If you mail the demand, you may choose the arbitration group. Or, your demand may state that you want the parties to choose a local Arbiter. If related third parties or we mail the demand, you must respond in 20 days. Your response must choose an arbitration group or propose a local Arbiter. If it doesn’t, we may choose the group. |
| Who arbitrates? | AAA, JAMS, or an agreed Arbiter | You may select the American Arbitration Association (“AAA”) (1-800-778-7879) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. The parties may also agree in writing to a local attorney, retired judge, or Arbiter in good standing with an arbitration group. The Arbiter must arbitrate under AAA or JAMS consumer rules. You may get a copy of these rules from such group. Any rules that conflict with any of our agreements with you don’t apply. If these options aren’t available, and the parties can’t agree on another, a court may choose the group. The parties will then obtain an Arbiter under such group’s rules. Such Arbiter must enforce your agreements with us, as they are written. |
| Will the hearing be held nearby? | Yes. | The Arbiter will order the hearing within 30 miles of your home or where the transaction occurred. |
| What about appeals? | Appeals are limited. | The Arbiter’s decision will be final. A party may file the Arbiter’s award with the proper court. Arbitration will solve appeals of a small-claims court judgment. A party may appeal under the FAA. If the amount in controversy exceeds $1,500, a party may appeal the Arbiter’s finding. Such appeal will be to a 3-Arbiter panel from the same arbitration group. The appeal will be de novo, and solved by majority vote. |
Arbitration Fees and Awards
| Will we advance Arbitration Fees? | Yes, but you may pay costs. | We advance your “Arbitration Fees” if you ask us to. This includes filing, administrative, hearing, and Arbiter’s fees. You pay your attorney fees and other expenses. |
| Are damages and attorney fees possible? | Yes, if allowed. | The Arbiter may award the same damages as a court. Arbiters may award reasonable attorney fees, and expenses, if allowed by law. |
| Will you page Arbitration Fees if you win? | No. | If the Arbiter awards you funds, you don’t reimburse us the Arbitration Fees. |
| Will you ever pay Arbitration Fees? | Yes/No. | If the Arbiter doesn’t award you funds, then you may repay the Arbitration Fees. The Arbiter will decide whether you’ll pay. If you must pay Arbitration Fees, the amount won’t exceed state court costs. |
| What happens if you win? | You could get more than the Arbiter awarded. | If an Arbiter’s award to you exceeds our last Settlement Offer, we will pay 3 amounts. We will pay the greater of the award amount or $500.00 (“bonus payment”). We will pay your attorney twice the attorney fees conferred (“attorney premium”). If the Arbiter orders, we will pay reasonable expert witness costs and other costs you incurred (“cost premium”). If we never made a Settlement Offer, we will pay the bonus payment, attorney premium, and any cost premium. The Arbiter may order the process for payment. If a law allows you more, this Clause won’t prevent such award. We won’t seek attorney fees and expenses. |
| Can an award be explained? | Yes. | A party may request details from the Arbiter, within 14 days of the ruling. Upon such request, the Arbiter will explain the ruling in writing. |
Other Options
| If you don’t wantto arbitrate, can you still get a transaction? | Yes. You can get our services and decide not to arbitrate. | Consider these choices:
|
| Can you opt-out of the Clause? | Yes. Within 60 days. | Write us within 60 calendar days of signing your agreement to opt-out of the Clause for that agreement. List your name, address, account number and date. List that you “opt out.” If you opt out, it will only apply to that agreement. MLA Loan applicants are automatically opted out. |
You acknowledge that the information provided is accurate to the best of your knowledge and information. You represent that you are not currently involved in any bankruptcy proceedings or considering whether to file for bankruptcy protection. You agree to the terms of the "Jury Trial Waiver and Arbitration Clause."
Print and retain a hard copy or electronic copy