This eApplication Solution Agreement ("eAgreement") applies to all applications for credit submitted by you electronically ("eApplications") through our website (the "eApplication Solution"), and to all aspects of the eApplication Solution. You and Nationwide Acceptance LLC and its wholly-owned subsidiaries (hereinafter "Nationwide," "we" or "us") agree that the privilege of submitting eApplications, in addition to the agreements in this eAgreement, are good and valuable consideration.
Under a dealer agreement you executed with us, you forward to us applications for credit submitted by your customers for us to evaluate, providing us the opportunity to make you an offer to purchase the retail installment contract or other credit instrument (hereinafter "Contract") associated with such application for credit. The eApplication Solution is an alternative method for you to forward applications for credit to us for our evaluation. This eAgreement reaffirms the terms of the Dealer Agreement you signed with us. We agree to review all eApplications you submit, and to make a decision as to whether to offer to purchase the associated Contract from you, all in accordance with terms of the Dealer Agreement you signed with us.
Changes to eAgreement
You understand and agree that this eAgreement may be amended from time to time without notice, and that such amended eAgreement will be effective immediately upon posting. You further agree that your continued submission of eApplications and use of the eApplication Solution following the posting will constitute continued acceptance and agreement with the eAgreement, as amended. You agree that your right and remedy with respect to any amendments or changes is to discontinue using the eApplication Solution, and that you may submit applications for credit in the traditional manner.
Changes to eApplication Solution
We reserve the right, at any time, to update, modify or eliminate the eApplication Solution, or any of its features, content or functionality. You agree that your right and remedy with respect to any changes is to discontinue using the eApplication Solution, and that you may submit applications for credit in the traditional manner.
As of the date of agreeing to and accepting this eAgreement, and as of each and every date you submit an eApplication to us for evaluation, you make the following representations ("Representation(s)") to us with respect to each eApplication submitted:
- To your best knowledge, and after conducting reasonable due diligence, you have verified the identity of each applicant named in the eApplication (i.e., you verified that the person is who they say they are);
- Your due diligence procedures to verify identity are in compliance with applicable law, in addition to being sound and consistent with industry standards and followed by all employees;
- To your best knowledge, and after conducting reasonable due diligence, you have verified that the information provided by the applicant in the eApplication is complete and accurate;
- Your due diligence procedures to verify the applicant's information are sound and consistent with industry standards and followed by all employees;
- You have obtained each applicant's signature on a physical hard copy application for credit, which you will maintain on file;
- Upon request, you will provide to us copies of any physical hard copy application submitted to us as an eApplication;
- In the event we make an offer to purchase the associated Contract to an eApplication and you accept our offer, you will submit the signed physical hard copy application for credit to us as required by the Dealer Agreement you signed with us; and
- Each applicant has provided to you his/her written authorization for you and us to investigate his/her credit history and employment, and to obtain a consumer report on him/her.
Compliance with Law
You agree to comply with all applicable federal, state and local laws relating to: (1) consumers seeking and applying for credit; (2) the acquisition, use, sharing and maintaining of information obtained in connection with consumers seeking and/or applying for credit; and (3) applications for credit, including, but not limited to, the Fair Credit Reporting Act, as amended ("FCRA"), the Equal Credit Opportunity Act and its implementing regulations ("ECOA"), and Title V of the Gramm-Leach-Bliley Act and its implementing regulations.
Without limiting the application of the above paragraph, you specifically agree to: (1) maintain copies of all written authorizations to obtain a consumer report and all applications for credit (whether physical hard copy, electronic or other format) for a minimum of two years from the date of a consumer's authorization or submission of an application for credit; and (2) send notices of adverse action as required by the FCRA and ECOA.
Security of eApplication Solution
You agree to protect your username and password so that only authorized personnel employed by you know this information and have access to the eApplication Solution. You agree not to post this information or otherwise make it publicly available; and in the event that an employee who knows this information, or has access to the eApplication Solution is terminated or otherwise leaves your employment, you agree to notify us immediately so that we can take any action necessary to prevent the unauthorized access to or use of the eApplication Solution. You are responsible and liable for maintaining the security of your username and password. In the event that you believe your username and password has been compromised, may be misused or may be used without authorization, you agree to notify us immediately. Irrespective of our efforts to mitigate misuse or unauthorized use of your username and password, you are responsible and liable for any use of, and all actions or omissions related to, your username and password.
"AS IS" - No Warranties
THE eAPPLICATION SOLUTION IS PROVIDED "AS-IS" AND "AS-AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, CONCERNING: (1) THE OPERATION OF THE eAPPLICATION SOLUTION; (2) ANY OF ITS CONTENT, FEATURES, FUNCTIONALITY OR INFORMATION; AND/OR (3) ANY RELATED SERVICES, AVAILABLE ON OR THROUGH THE eAPPLICATION SOLUTION.
YOU AGREE TO USE THE eAPPLICATION SOLUTION SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THE eAPPLICATION SOLUTION, AND ANY CONTENT, FEATURE, FUNCTIONALITY OR INFORMATION, AND/OR ANY RELATED SERVICE AVAILABLE THROUGH THE eAPPLICATION SOLUTION IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE eAPPLICATION SOLUTION WILL BE AVAILABLE AT ALL TIMES OR THAT YOUR USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY REPRESENATIONS OR WARRANTIES AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE eAPPLICATION SOLUTION.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTEIS. IN THOSE JURISDICTIONS, THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE eAPPLICATION SOLUTION.
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE eAPPLICATION SOLUTION SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE eAPPLICATION SOLUTION, RESULTING FROM ACTS, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OUR NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, FEATURES, FUNCTIONALITY, INFORMATION, AND ANY RELATED GOODS AND SERVICES AVAILABLE THROUGH THE eAPPLICATION SOLUTION.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
You will indemnify and hold us harmless from any and all liabilities, losses, costs and expenses, including attorney's fees, resulting from any obligation, liability or action of yours (which includes your agents and employees) and/or any breach by you of this eAgreement. This indemnification will survive the termination of your use of the eApplication Solution, any termination (by whatever means) of the Dealer Agreement between you and us, or the termination (by whatever means) of this eAgreement. This indemnification is in addition to, and not in lieu of, any other indemnity you have provided us, now or in the future, whether in this eAgreement or otherwise.
We reserve the right to terminate your access to the eApplication Solution at any time, for any reason, with or without cause and without notice to you.
You shall be in default under this eAgreement if:
- any Representation proves untrue or misleading in any material respect;
- you breach any provision in your Dealer Agreement with us; or
- you breach any provision of this eAgreement.
The failure of us to act with respect to your breach of this Agreement does not waive our right to act with respect to subsequent or similar breaches.