As used in this Agreement, the terms “we” and “us” mean The Savings Group, Inc. and the companies in which The Savings Group, Inc. directly or indirectly owns a majority interest, commonly called “subsidiaries,” including but not limited to, AUTOPAY Direct, Inc. d/b/a AUTOPAY and RateGenius Loan Services, Inc. d/b/a RateGenius. We operate a technology driven loan and product matching system whereby consumers are able to apply to finance or refinance their vehicles and be considered by multiple lenders who may offer credit and options for ancillary products related to the loan or vehicle. We also provide origination fulfillment services for approved loan offers including, but not limited to, communication of the offer, documentation collection and preparation, and lien perfection. In most cases, we are not the lender or affiliated with the lender, however, we may offer loans in certain states through a licensed subsidiary. On a limited scale, we also provide claims administrations for certain loan products.
- You represent that the information that you provide in the application process is true and complete, and that you are over the age of 18 and have the power and authority to enter into and perform your obligations under any credit arrangement that may be offered;
- You acknowledge that you may withdraw your application at any time prior to executing any loan agreement;
- You authorize us to pull your credit report for the purpose of evaluating your credit options for financing your loan through our network of lenders, lending partners, and third-parties (“Lender Network”);
- You consent to the sharing of the information you have provided in the application and any credit reports obtained by us with one or more parties in the Lender Network;
- You authorize any party in the Lender Network, to which we have submitted your application for credit, to pull your credit report in order to evaluate your application;
- You acknowledge that we and any party in the Lender Network may retain your loan application information in order to comply with certain federal and state laws and regulations;
- You acknowledge that we do not guarantee that a lender will make you an offer to finance your loan;
- You acknowledge that we do not guarantee that a lender will finance your loan at specific terms and conditions, including a specific interest rate;
- You acknowledge that we are not responsible for any errors or delays related to your application caused by incorrect information provided by you or other technical problems beyond its reasonable control;
- You may consent to receive notices electronically and agree to receive such notices at our website. These notices may include privacy notices and information required by the Equal Credit Opportunity Act;
- You acknowledge that the services offered by us are available only to residents of, or secured by collateral located in, those states where we are licensed (if licensing is required) and those states where any party in our Lender Network are licensed or authorized to make such loans;
- You acknowledge that under no circumstances will we be liable to you or to any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement; and
- You acknowledge that this agreement shall be subject to the laws of the State of Texas, excluding its conflict of law principles.
CONSUMER NOTICES BY STATE
Notice to California Residents: If married, you may apply for credit separately as an individual.
Notice to Maine Residents: You must have physical damage insurance covering loss or damage 1.0 the vehicle for the term of any loan. You may buy this insurance from anyone you choose. You do not have to buy it from someone affiliated with the lender. Your choice of insurance will not affect the credit approval process unless the insurance does not satisfy the contract requirements or the insurance company does not satisfy the reasonable standards of the dealer or an assignee of the contract.
Notice to New Hampshire Residents: If this is an application for a balloon contract, you are entitled to receive, upon request, a written estimate of the monthly payment amount that would be required to refinance the balloon payment at the time such payment is due based on your current refinancing programs. 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.
Notice to New York Residents: Consumer reports may be requested in connection with this application. Upon request, you will be informed whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be requested with respect to any extension or renewal of this obligation.
Notice to Ohio Residents: The 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.
Notice to Rhode Island Residents: Credit Reports may be obtained in connect ion with this application for credit.
Note to Vermont Residents: You authorize us and any financial service provider with whom this application is shared, to obtain credit reports to evaluate your credit application. If your application is approved and credit is granted, you also authorize all parties granting credit, holding and/or servicing your account, to obtain additional credit reports in connection with your account, as permitted by law.
Notice to Wisconsin Residents: The interest of the creditor will not be adversely affected by a provision of a marital property agreement, a unilateral statement under Wisconsin Statutes § 766.59 or a court decree under Wisconsin Statue § 766.70, unless you furnish a copy of such agreement, statement or decree to the creditor, or the creditor has actual knowledge of such provision before credit is granted.
- ELECTRONIC DOCUMENT POLICY: Please read this Electronic Records Disclosure and Agreement carefully and keep a copy for your records. DISCLOSURE REQUIRED BY FEDERAL LAW.
ELECTRONIC RECORDS DISCLOSURE AND AGREEMENT
Electronic Copy of Related Disclosures, Agreements, and Instructions. In order to speed up the loan application process, with your consent, we, our network of lenders, lending partners, and third-parties (“Lender Network”) will provide you with the following information electronically, rather than by postal mail or in person:
- A loan application and all related disclosures required by applicable federal and state law for the loan you have selected; and
- Information and instructions about any additional services that you select during the application process.
Your Consent is Required. You must consent to receiving the related legal disclosures, agreements, and instructions before they can be provided to you electronically. Your consent will only apply to the loan and related products you have selected and their related legal disclosures, agreements and instructions. You will not be consenting to receiving other electronic records or disclosures at this time.
Paper Copy of Disclosures, Agreements and Instructions. If you do not want to receive the legal disclosures, agreements and the instructions electronically, you should exit this area of our website. If you consent to receive the disclosures, agreements and instructions electronically, you can also request a paper copy of the related legal disclosures, agreements and instructions.
Withdrawal of Consent for Electronic Delivery. You may withdraw consent for electronic delivery of legal disclosures, agreements, instructions, and communications, but doing so will not affect the legal effectiveness, validity or enforceability of electronic records that were made available to you prior to the implementation of your withdrawal of consent for electronic delivery.
In the event that you withdraw your consent for electronic delivery, We will no longer be able to communicate with you electronically. To withdraw consent to electronic delivery, you must either: (i) write to us at The Savings Group , Customer Service, 9300 United Drive, Suite 180, Austin, TX 78758; (ii) use a method that may be available to you at The Savings Group websites www.rategenius.com or www.autopay.com or (iii) contact RateGenius Customer Service at 866-728-3436 or AUTOPAY Customer Service at 844-276-3272.
Updating Your Contact Information. To provide updated information on how we may contact you electronically, you must either: (i) write to us at The Savings Group, Customer Service, 9300 United Drive, Suite 180, Austin, TX 78758; ((ii) use a method that may be available to you at The Savings Group websites www.rategenius.com or www.autopay.com; or (iii) contact RateGenius Customer Service at 866-728-3436 or AUTOPAY Customer Service at 844-276-3272.
System Requirements to Access the Information. To receive an electronic copy of the legal disclosures, agreements, and instructions related to your loan and any related products, you must have the following equipment and software:
- You must have a personal computer or other access device that is capable of accessing the Internet (e.g., you must have a modem and available phone line, a cable Internet connection or some other means of access to the Internet, and you must have an active account with an Internet service provider).
- You must have an Internet web browser that is capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser version of either Microsoft® Internet Explorer version 6.0 or Netscape Navigator® version 4.73, and your system must have 128-bit SSL encryption software.
- You must have software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader® version 5.1 or higher, which is available for download at Adobe’s website.
System Requirements to Retain the Information. To retain a copy of the requested file, your system must have the ability to either download (e.g., to your hard disk drive or external drive) or print PDF files. You must have a functioning printer connected to your personal computer or other access device that is able to print the related legal disclosures, agreements, the instructions, communications, and online statements on plain white 8 1/2″ x 11″ paper.
Agreements and Acknowledgments. By submitting your application through our website, you represent that: (i) you have read, understand and agree to all of the provisions of this Electronic Records Disclosure and Agreement (the “Agreement”); and (ii) you represent that the Internet access device(s) you will use to receive this Agreement and related legal disclosures, agreements, instructions, communications and online statements meet(s) the system requirements to access information and to retain information as stated in the previous two sections.