Document
Document
Document
In this Agreement ("Agreement") the words "we," "us" and "our" mean Crane Lending, LLC d/b/a Crane Finance ("Crane
Finance"), an economic development arm of, instrumentality of, and a limited liability company wholly-owned and controlled by,
the Menominee Indian Tribe of Wisconsin ("Tribe"), and any authorized representative, agent, independent contractor, affiliate or
assignee we use in the provision of your loan. "You" and "your" means the consumer who signs the Agreement electronically.
The term "business day" means any calendar day other than a Saturday, Sunday or a bank or federal holiday, between the hours
of 7:00 AM and 6:00 PM Central Time.
In order to complete your transaction with us, you must electronically sign this Agreement. A loan will not be made until your
completed application is received and approved by us. Once you sign and submit this Agreement, the final approval for credit
will be made from our office located on the Tribe's Reservation. If your information cannot be verified by the Effective Date,
your request for credit will not be approved, we will not fund the loan, and you will not incur any finance charge or fees. If we
approve your request, this Agreement will be consummated on the Tribe's Reservation.
The cost of your credit as a The dollar amount the credit The amount of credit The amount you will have
yearly rate. will cost you. provided to you or on your paid after you have made all
behalf. payments as scheduled.
Late Charge: If a payment is ten (10) days or more late, you will be charged $20.00 per late scheduled payment.
Prepayment: If you pay off early, you will not have to pay a penalty.
See the terms of the Agreement below for any additional information about nonpayment, default, any repayment in full before the
schedule date, and prepayment refunds and penalties.
SPECIAL NOTICES:
The following terms and conditions govern electronic communications in connection with this Agreement and the transaction
evidenced hereby (this "Consent"). By electronically signing this Agreement by clicking the "I AGREE" button and entering your
name below, you are confirming that you have agreed to the terms and conditions of this Consent and that you have the ability to
download or print a copy of this Consent for your records. You further agree that:
Any disclosure, notice, record or other type of information that is provided to you in connection with your transaction
with us, including but not limited to, this Agreement, this Consent, disclosures, change-in-term notices, fee and
transaction information, statements, delayed disbursement letters, notices of adverse action, and transaction information
(collectively, "Communications"), may be sent to you electronically by sending it to you by e-mail as permitted by
applicable law.
We will not be obligated to provide any Communication to you in paper form unless you specifically request us to do
so.
You may obtain a copy of any Communication by contacting us at CustomerService@CraneFinance.com or by calling
us at 855.432.7654. You will not be charged a fee for such copy. You also can withdraw your consent to ongoing
electronic communications in the same manner, and ask that they be sent to you in paper or non-electronic form. If you
choose to receive Communications in paper or non-electronic form, we may elect to terminate this Agreement and
demand payment of the amount then due by the date of your withdrawal of consent or by the expiration of any
minimum term mandated by law, whichever is later.
You agree to provide us with your current e-mail address for notices at the address or phone number indicated above. If
your e-mail address changes, you must send us a notice of the new address by writing to us or sending us an e-mail,
using secure messaging, at least five (5) days before the change.
In order to receive electronic communications in connection with this transaction, you will need a working connection
to the Internet. Your browser must support the Secure Sockets Layer (SSL) protocol. SSL provides a secure channel to
send and receive data over the Internet. Microsoft Internet Explorer 6 or equivalent browser and above supports this
feature. You will also need either a printer connected to your computer to print disclosures/notices or sufficient hard
drive space available to save the information (e.g., 1 megabyte or more). You must have your own Internet service
provider. We may amend (add to, delete or change) the terms of this Consent to electronic communication by providing
you with advance notice.
BY CHECKING THE ACKNOWLEDGEMENT, TYPING YOUR NAME AND CLICKING "I AGREE" BELOW,
YOU UNDERSTAND YOU ARE ELECTRONICALLY SIGNING THIS CONSENT TO ELECTRONIC
COMMUNICATIONS AND ARE AGREEING TO ALL OF THE TERMS OF THIS CONSENT.
[I AGREE] yes
01/16/2022 07:33:25 PM
KRISTIAN JACKSON (IP: 97.86.50.186)
PAYMENT DISBURSEMENT OPTIONS
DISBURSEMENT: If your loan is approved, we will process disbursement of your loan proceeds within one (1) business day of
the day your loan is approved. You authorize us to use commercially reasonable efforts to initiate a credit entry by depositing the
proceeds of your loan into your Bank Account as described in your Disbursement Authorization. The date that your loan
proceeds are deposited to your Bank Account is the "Disbursement Date." Unavoidable delays that occur as a result of bank
holidays, the processing schedule of your individual bank, inadvertent processing errors, "acts of God," and/or "acts of terror"
may extend the time for the deposit and may cause a change in the Disbursement Date and your Annual Percentage Rate ("APR")
as disclosed herein. In the event that disbursement is delayed, the Disbursement Date will automatically adjust to the actual date
of disbursement.
AUTHORIZATION FOR ACH CREDIT: You agree that we may initiate a credit entry to your Bank Account for an amount
consistent with this Agreement on or before the Effective Date. If you revoke this authorization before we credit the loan
proceeds to you, then we will not be able to deposit the loan proceeds into your Bank Account. To find out whether or not a
deposit has been made, you may contact the Customer Service Department at 855.432.7654.
EXPEDITED FUNDING SERVICE: If you want to receive your loan proceeds at least one (1) business day sooner than
through standard ACH credit, we offer an expedited funding service through same day ACH and debit card deposit. If you choose
this optional expedited funding service, you understand and agree to be assessed a fee of $0.00. This expedited service fee will be
included in your first payment. Note that the timing of when your bank actually makes these funds available to you is entirely
controlled by your bank and not us.
PAYMENTS: You are required to make the payments for each period outlined in the Payment Schedule above ("Installment
Period") on or before the payment due dates in the Payment Schedule ("Payment Due Dates"). If you would like to repay your
loan according to a payment plan other than as set forth herein, you must contact the Customer Service Department no later than
three (3) days prior to your next scheduled Payment Due Date to make those Payment Schedule modifications if you would like
them in effect for the next Payment Due Date. You will make your payments on or before every Payment Due Date until you
have paid the entire principal and accrued finance charge(s) and any other charges as described in this Agreement. If on the final
scheduled Payment Due Date ("Maturity Date"), you still owe amounts under this Agreement, you will pay those amounts in full
on that date. You may elect to make your payments electronically by ACH debit or by debit card. You may also elect to make
your payments by cashier's check or money order and mail your payments to us.
ELECTRONIC PAYMENT: If you elect to make your payments electronically, then your payment plus any Non-Sufficient
Funds ("NSF"), Late or Refused Instrument Charge fees due to us, if applicable, will be debited electronically from your Bank
Account on each Payment Due Date as set forth in your Payment Schedule (see "PAYMENT CHOICE AUTHORIZATION"
below) through one of the electronic methods described below. You may revoke your payments by contacting the Customer
Service Department at 855.432.7654 or emailing us at CustomerService@CraneFinance.com. Please note: if your scheduled
payment has already been submitted to your financial institution at the time of revocation, it may be necessary for us to wait until
that payment posts before we can refund you that payment amount. However, when possible, at the time of revocation, we will
void any pending payment(s). For the purposes of these disclosures, our business days are Monday through Friday, 7:00 AM to
6:00 PM Central Time. Saturdays, Sundays, and Holidays are not included.
PAYMENTS BY ACH DEBIT: If you elect to pay by ACH debit, then you authorize us, our successors and assigns to initiate
automatic debits for payments from your Bank Account. You agree that we will initiate debit entries on each scheduled payment
date or thereafter for the scheduled amount, or any lesser amount you owe. You authorize us to initiate separate ACH debit
entries to your Bank Account identified in the Payment Choice Authorization for any returned payment and NSF, Late or
Refused Instrument Charge fees in the amounts set forth in this Agreement. You agree that we may reinitiate any ACH up to two
(2) additional times for the same amount if an ACH is dishonored. You do not have to authorize payments by ACH debit in
order to receive a loan from us. If you do not want to make payments by ACH debit, please review the other available
payment options below.
You may revoke this authorization by contacting the Customer Service Department at 855.432.7654 or emailing us at
CustomerService@CraneFinance.com not less than three (3) business days prior to your scheduled payment. Please note: if your
scheduled payment has already been submitted to your financial institution at the time of revocation, it may be necessary for us to
wait until that payment posts before we can refund you that payment amount. However, when possible, at the time of revocation,
we will void any pending payment(s).
You have the right to receive notice of all transfers that vary in amount. You acknowledge that we elected to offer you a specified
range of amounts for the recurring ACH processing rather than providing you with a notice of transfer for each varying amount.
The ACH debit may range from the amount provided in this Agreement, which may be a scheduled payment amount or less if
partial prepayments have been made, to the scheduled payment amount plus applicable NSF, Late or Refused Instrument Charge
fees. We will send you a notice if a charge exceeds this range.
You authorize us to verify any information that you provide to us, including past and current information from whatever source.
You agree that the ACH entries authorized here are voluntary, and that certain entries will recur as defined in this Agreement at
substantially regular intervals. If there is any missing or erroneous information in or with your loan application regarding your
Bank Account, then you authorize us to verify and correct the information. If any payment cannot be obtained by ACH, you
remain responsible for such payment and any resulting fees under this Agreement.
Your Bank Account associated with this authorization is listed in the Payment Choice Authorization.
PAYMENT BY DEBIT CARD: If you elect to pay by debit card, you agree that we may initiate debit entries to your debit card
on each scheduled payment date or thereafter for the scheduled amount, or any lesser amount you owe, in three (3) instances: 1)
if we cannot process your authorized ACH debits for any reason other than your revocation of ACH authorization, 2) if you
specifically authorize that we debit your debit card identified in this Agreement, or 3) if you default on a payment.
You authorize us to initiate a separate debit to your debit card for any applicable NSF, Late or Refused Instrument Charge fees
set forth in this Agreement. If the initial debit entries are dishonored, you authorize us to initiate separate debit entries to your
debit card for the dishonored amount and any late fees or NSF fees.
You may revoke this authorization by contacting the Customer Service Department at 855.432.7654 or emailing us at
CustomerService@CraneFinance.com not less than three (3) business days prior to your scheduled payment. Please note: if your
scheduled payment has already been submitted to your financial institution at the time of revocation, it may be necessary for us to
wait until that payment posts before we can refund you that payment amount. However, when possible, at the time of revocation,
we will void any pending payment(s).
You have the right to receive notice of all transfers that vary in amount. You acknowledge that we elected to offer you a specified
range of amounts for the recurring debit card processing rather than providing you with a notice of transfer for each varying
amount. The debit may range from the amount provided in this Agreement, which may be a scheduled payment amount or less if
partial prepayments have been made, to the scheduled payment amount plus applicable NSF, Late or Refused Instrument Charge
fees. We will send you a notice if a charge exceeds this range.
PAYMENT BY CASHIER'S CHECK OR MONEY ORDER: If you elect to pay by cashier's check or money order, then you
agree to repay all amounts due pursuant to this Agreement by mailing your cashier's checks or money orders to us at Crane
Finance, P.O. Box 477, Keshena, WI 54135. All mailed payments must reach us by 5:00 PM Central Time on or before the
Payment Due Date to ensure timely processing of your payment.
OTHER INFORMATION
PREPAYMENT: You may prepay all or part of the amount you owe us at any time before the Maturity Date without penalty. If
you prepay in full, you must pay the finance charge(s) accrued on your loan and all other amounts due up to the date of the
prepayment. If you wish to prepay your loan, then you must contact a Customer Service Representative at 855.432.7654 to obtain
an accurate payoff amount and either provide us with authorization to effect a debit entry to your Bank Account for the
prepayment, or otherwise advise us of your intended method of prepayment. If you prepay all or part of the principal amount due
on your loan, your finance charges on the amount prepaid will be calculated as of the date of your prepayment.
LATE CHARGE: You agree to pay a late charge of $20.00 if a payment is ten (10) days or more late. If you authorized debits
from your Bank Account or debit card in your Payment Choice Authorization, you agree that we may debit your Bank Account
or debit card, as applicable, for any late charges.
REFUSED INSTRUMENT CHARGE: If your payment method is stopped, denied or otherwise dishonored, then you agree to
pay us a fee of $30.00. If you authorized debits from either your Bank Account or debit card in your Payment Choice
Authorization, you agree that we may debit your Bank Account or debit card, as applicable, for any Refused Instrument Charge.
Your refused instrument may also cause your payment to be late which could result in your having to also pay a late charge.
YOUR PROMISE TO PAY: You promise to pay us, or any subsequent holder of this Agreement, the Amount Financed and
finance charges according to the Payment Schedule in the Truth in Lending Disclosures plus all other amounts owed to us under
this Agreement. You agree that your finance charges will be calculated at the Annual Percentage Rate in the Truth in Lending
Disclosures. All payments will be applied first to finance charges and fees and then to principal. If you prepay all or part of the
principal amount due on your loan, your finance charges on the amount prepaid will be calculated as of the date of your
prepayment.
WHEN YOU BEGIN PAYING FINANCE CHARGE(S): You begin to accrue finance charge(s) for the loan on the
Disbursement Date. The first Installment Period on the loan begins on the Disbursement Date and ends on the first Payment Due
Date. Thereafter, each Installment Period begins on the first date following the Payment Due Date and ends on the next Payment
Due Date. You will be charged finance charge(s) on the entire Installment Period beginning on the first day of the Installment
Period. In calculating your payments, we have assumed you will make each payment on the day and in the amount due as
outlined within your Payment Schedule. If any payment is made before the Payment Due Date, the finance charge(s) will be
calculated as of the date of your prepayment, and any over payment will be applied to the amounts owed under this Agreement.
Time is of the essence, which means that there are no grace periods for when payments must be made.
ASSIGNMENT: This Agreement may not be assigned by you. We may assign or transfer this Agreement and our related rights
and obligations without notice to you and your consent is not required if we make such an assignment or transfer.
VERIFICATION: You authorize us to verify the information you provided to us in connection with your loan application. You
give us consent to obtain information about you from consumer reporting agencies or other sources at any time. We reserve the
right to withhold funding of this loan, at any time prior to disbursement, to allow us to verify the information you have provided
to us.
CREDIT REPORTING: We may report information about your loan to credit bureaus. Late payments, missed payments, or other
defaults on your loan may be reflected on your credit report.
CANCELLATION: You may cancel your payment obligations under this Agreement, without cost or finance charges, no later
than 5:00 PM Central Time of the second business day immediately following the Disbursement Date ("Cancellation Deadline").
Your right to cancel your loan only applies if your loan either has not funded or, if it has, the funds are returned to us as explained
below. To cancel your payment obligations on this loan, you must inform us in writing, by or before the Cancellation Deadline,
either by email to CustomerService@CraneFinance.com or by fax at 855.735.8821 that you want to cancel the future payment
obligations on this loan. If we timely receive your written notice of cancellation on or before the Cancellation Deadline but
before the loan proceeds have been deposited into your Bank Account, then we will not debit your Bank Account and both your
and our obligations under this Agreement will be rescinded. However, if we timely receive your written notice of cancellation on
or before the Cancellation Deadline but after the loan proceeds have been deposited into your Bank Account, then you authorize
us to effect a debit to your Bank Account or your debit card as you chose in your Payment Choice Authorization for the principal
amount of this Agreement. If we receive payment of the principal amount via debit, then both your and our obligations under this
Agreement will be rescinded. If we do not receive payment of the principal amount by debit to your Bank Account or your debit
card, then this Agreement will remain in full force and effect.
DEFAULT: You will be in default under this Agreement if you do not pay us a scheduled payment or any other amounts you
owe us when due or your chosen payment method is stopped, denied or otherwise dishonored. If you default on your loan, we can
choose to declare all principal, finance charges and other amounts that you owe us to be immediately due and payable in full. If
you are in default and you authorized debits from your Bank Account, you agree that we can debit your Bank Account or debit
card, as applicable, for the full amount that you owe us. Additionally, if you do not cooperate with us on repaying your debt to us
we may submit your name to a collection agency and we may also report the incident to a consumer reporting agency database.
This may negatively impact your ability to write checks or to receive loans or advances from other companies.
CONSEQUENCES OF DEFAULT: Upon a default by you under this Agreement, we may, at our sole option, take any one or
more of the following actions:
GOVERNING LAW: The laws of the Tribe and applicable federal law will govern this Agreement, without regard to the laws of
any state or other jurisdiction, including the conflict of laws rules of any state. You agree to be bound by Tribal law, and in the
event of a bona fide dispute between you and us, Tribal law and applicable federal law shall exclusively apply to such dispute.
SOVEREIGN IMMUNITY AND PRESERVATION OF SOVEREIGN IMMUNITY: This Agreement and all related documents
are being submitted by you to us as an economic development arm, instrumentality, and limited liability company of the Tribe.
The Tribe is a federally recognized Indian Tribe and enjoys sovereign immunity. Nothing in this Agreement constitutes a waiver
of the Tribe's sovereign immunity and the Tribe's immunity is fully preserved and is not waived either in whole or in part by this
Agreement and the Tribe expressly maintains all rights, titles, privileges, and immunities, to which the Tribe is entitled. To
protect and preserve the rights of the parties, no person may assume a waiver of sovereign immunity. No waiver of the Tribe's
immunity is or can be made except by express written declaration of the Tribe's Tribal Council specifically authorizing a waiver
for the matter in question. No such waiver has been made with respect to either your Agreement or your Disbursement and
Payment Choice Authorizations. As set forth below, the Tribe expressly preserves its sovereign immunity and you may not assert
any claims against the Tribe. As an economic development arm and instrumentality of the Tribe, we are entitled to sovereign
immunity to the same extent as the Tribe. To encourage resolution of consumer complaints, a complaint may be submitted by you
or on your behalf pursuant to the Dispute Resolution Procedure and Arbitration Provision below and the complaint is limited by
the Dispute Resolution Procedure and Arbitration Provision.
QUESTIONS OR CONCERNS: If you have questions or concerns and need assistance, please telephone us at 855.432.7654.
By electronically signing the Disbursement Authorization below, you voluntarily authorize us to initiate disbursement credits you
have authorized. This Disbursement Authorization is a part of and relates to the Agreement. The words "you" and "your" mean
the borrower who has electronically signed the Disbursement Authorization. The words "we," "us" and "our" mean Crane
Finance and our successors and assigns.
Disbursements to your Bank Account. Unless otherwise agreed, disbursement credits of your loan proceeds will be made to the
following bank account (your "Bank Account").
BY CHECKING THE ACKNOWLEDGEMENT, TYPING YOUR NAME AND CLICKING "I AGREE" BELOW,
YOU UNDERSTAND YOU ARE ELECTRONICALLY SIGNING THIS DISBURSEMENT AUTHORIZATION AND
ARE AGREEING TO ALL OF THE TERMS OF THIS AUTHORIZATION.
yes
[I AGREE]
01/16/2022 07:33:28 PM
KRISTIAN JACKSON (IP: 97.86.50.186)
I agree that Crane Finance and its successors and assigns initiate an ACH credit disbursement to my Bank Account.
Automatic Payment from Your Bank Account. Payments You Will Make Directly.
By electronically signing this Payment Choice Authorization below, You agree to make each of your scheduled payments in your
you voluntarily authorize us to initiate debits you have authorized. Payment Schedule by cashier's check or money order that we receive
This Payment Choice Authorization is a part of and relates to this no later than 5:00 PM Central Time on or before the Payment Due
Agreement. Date to:
You authorize us and our successors and assigns to process payment Crane Finance
debit entries out of your Bank Account by the payment process you P.O. Box 477
have authorized above, such as ACH entries, Remotely Created Keshena, WI 54135
Checks or transactions through your debit card accessing your Bank
Account listed above.
You specifically authorize us to use this PAYMENT CHOICE to
process debit entries from your Bank Account for all payments due
under this Agreement in a sum equal to your payment amount due
under the Agreement; provided, however, that you preauthorize us to
vary the amount of any debit entry on each Payment Due Date as
needed to adjust a payment due on the loan to reflect: (1) any
payment you make; (2) any amounts you still owe under this
Agreement on the final scheduled Payment Due Date; and (3) for any
late, returned item charges, nonsufficient fund fees and other fees
imposed under the Agreement.
If you are in default, you authorize us to process one or more debit
entries to pay all principal, finance charges and other amounts due to
us as provided in the Agreement. You authorize us to reprocess debit
entries for the same amounts if any attempted payment transaction is
dishonored.
We will provide you with ten (10) days' notice prior to processing a
preauthorized debit entry that varies from the scheduled amounts
detailed above, unless the variance results from your request and
your new authorization for us to change the amount of your
payments going forward.
IF YOU HAVE CHOSEN TO AUTHORIZE PAYMENT FROM YOUR BANK ACCOUNT, YOU MAY REVOKE
YOUR AUTHORIZATION TO AUTOMATIC PAYMENTS AT ANY TIME BY CONTACTING US DIRECTLY AT
855.432.7654 OR CustomerService@CraneFinance.com. Your revocation must be received no less than three (3) business
days prior to your scheduled payment date. Please note: if your scheduled payment has already been submitted to your
financial institution at the time of revocation, it may be necessary for us to wait until that payment posts before we can
refund you that payment amount. However, when possible, at the time of revocation, we will void any pending
payment(s). YOU UNDERSTAND THAT REVOKING YOUR AUTHORIZATION DOES NOT RELIEVE YOU OF
THE RESPONSIBILITY OF PAYING ALL AMOUNTS DUE IN FULL THAT ARE OWED BY YOU UNDER THE
LOAN AGREEMENT.
BY CHECKING THE ACKNOWLEDGEMENT, TYPING YOUR NAME AND CLICKING "I AGREE" BELOW,
YOU UNDERSTAND YOU ARE ELECTRONICALLY SIGNING THIS PAYMENT CHOICE AUTHORIZATION
AND ARE AGREEING TO ALL OF THE TERMS OF THIS AUTHORIZATION.
yes
[I AGREE]
01/16/2022 07:33:30 PM
KRISTIAN JACKSON (IP: 97.86.50.186)
I agree that Crane Finance and its successors and assigns may initiate electronic fund transfer payments from my Bank
Account, via the PAYMENT CHOICE selected above. PLEASE NOTE, YOU ARE NOT REQUIRED TO AUTHORIZE
THE AUTOMATIC PAYMENT CHOICE AUTHORIZATION OPTION IN ORDER TO BE APPROVED FOR A
LOAN FROM US. YOU MAY CHOOSE TO PAY BY CASHIER'S CHECK OR MONEY ORDER BY FOLLOWING
THE INSTRUCTIONS IN THE "PAY BY CASHIER'S CHECK OR MONEY ORDER" SECTION OF THIS
AGREEMENT.
ERROR RESOLUTION NOTICE: In the event (i) you have a question about an electronic transfer or if (ii) you find an error,
you must telephone us at 855.432.7654, email us at CustomerService@CraneFinance.com, or contact us by mail at Crane
Finance, P.O. Box 477, Keshena, WI 54135. We must hear from you no later than sixty (60) days after the FIRST debit or credit
that is the basis of the problem or error. (1) Tell us your name and account number (if any); (2) Describe the error or the transfer
you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (3)
Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question
in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear
from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to
investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the
amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation.
If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not
credit your account. For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or
question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in
error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no
error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
CONFIDENTIALITY: We will disclose information to third parties about your account or the transfers you make: (1) where it is
necessary for completing transfers; (2) in order to verify the existence and condition of your account to a third party, such as a
credit bureau or merchant; (3) in order to comply with a government agency or court orders; or (4) as described in our privacy
notice, provided separately.
DISPUTE RESOLUTION PROCEDURE: As an accommodation to consumers, we have established the following Dispute
Resolution Procedure to receive, review, and consider any and all types of complaints made by or on behalf of our consumers. A
consumer who, in the course of his or her otherwise lawful and proper use of our business, has concerns about the operation of
any part of us or who otherwise believes himself or herself to be aggrieved by some aspect of any part of our operation shall
direct his or her concerns in the first instance to our management, in writing at CustomerService@CraneFinance.com or by mail
at P.O. Box 477, Keshena, WI 54135. A consumer’s complaint to us shall be considered similar in nature to a petition for redress
submitted to a sovereign government, without waiver of sovereign immunity and exclusive jurisdiction, and does not create any
binding procedural or substantive rights. We will investigate the consumer’s complaint and provide our initial determination as
soon as is reasonably practicable. If the dispute is not resolved to your satisfaction, you and we agree that we shall arbitrate that
dispute in accordance with the terms of the Arbitration Provision, described below.
ARBITRATION PROVISION: PLEASE READ THE FOLLOWING CAREFULLY AS IT IMPACTS YOUR LEGAL
RIGHTS.
Definitions: The words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all
claims, disputes, or controversies arising from or relating directly or indirectly to this Dispute Resolution Procedure and
Arbitration Provision (this "Provision"), the validity and scope of this Provision and any claim or attempt to set aside this
Provision; (b) all U.S. federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to this
Agreement, the information you gave us before entering into this Loan Agreement, including the customer information
application, and/or any past Agreement or Agreements between you and us; (c) all counterclaims, cross-claims and third-party
claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a
violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for
money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against the Tribe, us and/or
any of our employees, agents, directors, officers, governors, managers, members, parent company or affiliated entities
(collectively, "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims
asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and
member of a class of persons, or in any other representative capacity, against us and/or related third parties ("Representative
Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any
non-public personal information about you.
Notice: Any party to a dispute, including you, us and/or related third parties, may send the other party(s) written notice by
certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief
requested, even if a lawsuit has been filed. Regardless of who demands arbitration, the arbitration shall occur before the
American Arbitration Association (1-800-778-7879; http://www.adr.org). However, the parties may mutually agree to select a
different arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association
and arbitrate pursuant to such arbitrator's rules. The party receiving notice of arbitration shall respond in writing by certified mail
return receipt requested within twenty (20) calendar days. All parties to such dispute will be governed by the rules and
procedures of the American Arbitration Association applicable to consumer disputes, to the extent those rules and procedures do
not contradict the express terms of this Agreement or this Arbitration Provision, including the limitations on the arbitrator below.
You may obtain a copy of the rules and procedures by contacting the American Arbitration Association (1-800-778-7879;
http://www.adr.org).
Regardless of who demands arbitration, we will advance your portion of the expenses associated with the arbitration, including
the filing, administrative, hearing and arbitrator's fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear his
or her own attorneys' fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive
law consistent with the Governing Law set forth above, and the Federal Arbitration Act, 9 U.S.C. §§1-16 (“FAA”) and applicable
statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the
county of your residence, unless you agree to a different location. In conducting the arbitration proceeding, the arbitrator shall not
apply any federal or state rules of civil procedure or evidence. If the arbitrator renders a decision or an award in your favor
resolving the dispute, the arbitrator shall award you reasonable attorneys' fees. If the arbitrator renders a decision or an award in
your favor resolving the dispute then you will not be responsible for reimbursing us for your portion of the Arbitration Fees and
we will reimburse you for any Arbitration Fees you have previously paid. Regardless of whether the arbitrator renders a decision
or an award in your favor resolving the dispute, you will not be responsible for reimbursing us for your portion of the Arbitration
Fees and we are not entitled to an award of attorneys' fees. At the timely request of any party, the arbitrator shall provide a
written explanation for the award. The arbitrator's award may be filed with any court having competent jurisdiction.
You and we expressly acknowledge and agree that this Arbitration Provision is made pursuant to a transaction involving
interstate commerce and shall be governed by the FAA.
This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration
Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision
survives the termination of the relationship between you and us, and continues in full force and effect, even if your obligations
have been cancelled by prepayment, paid or discharged through bankruptcy. This Arbitration Provision survives any termination,
amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you
and we otherwise agree in writing. You hereby acknowledge and expressly agree to the following by executing this Agreement,
submitting it to us, and accepting the loan proceeds without cancelling your Loan:
YOU AGREE TO THE TERMS OF THIS ARBITRATION PROVISION AND YOU HEREBY ACKNOWLEDGE AND
AGREE THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED
AGAINST US OR RELATED THIRD PARTIES.
WAIVER OF JURY TRIAL: BY AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION, YOU
HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY
JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR AGAINST A RELATED THIRD PARTY.
BY CHECKING THE ACKNOWLEDGEMENT, TYPING YOUR NAME AND CLICKING "I AGREE" BELOW,
YOU UNDERSTAND YOU ARE ELECTRONICALLY SIGNING THIS DISPUTE RESOLUTION PROCEDURE AND
ARBITRATION PROVISION AND ARE AGREEING TO ALL THE TERMS OF THIS AUTHORIZATION.
yes
[I AGREE]
CONSENT TO TELEPHONE CALLS AND TEXT MESSAGES. By electronically signing this Agreement by
clicking the “I AGREE” button and entering your name below, you consent to receiving calls and Text Messages
pertaining to your loan, including but not limited to, payment information, account information, due dates,
delinquencies, program updates relating to your loan, and collection efforts, at any phone number you have provided to
us, our assignee(s), or anyone trying to collect the loan. You consent to calls and text messages using an automatic
telephone dialing system or an artificial or prerecorded voice.
How To Unsubscribe: You may withdraw your consent to receive Text Messages by texting “STOP” to the message
you receive, calling us at 855.432.7654 or emailing us at CustomerService@CraneFinance.com. You may withdraw
your consent to receive telephone calls using an automatic telephone dialing system or an artificial or prerecorded voice
by calling us at 855.432.7654 or emailing us at CustomerService@CraneFinance.com. At our option, we may treat your
provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone
number, as a withdrawal of your consent to receive calls or Text Messages. We will not impose any fee upon you to
process the withdrawal of your consent to receive calls or Text Messages. Any withdrawal of your consent to receive
calls or use Text Messages will be effective only after we have a reasonable period of time to process your withdrawal.
In order to access, view, and retain Text Messages that we make available to you, you must have: (1) a Text Message-
capable mobile phone, (2) an active mobile phone account with a communication service provider; and (3) sufficient
storage capacity on your mobile phone.
To request additional information, text “HELP” to the message you receive or contact us by telephone at 855.432.7654.
The services are available from most of the carriers that offer Text Messaging. Consult your mobile service carrier to
confirm that they offer Text Messaging.
There is no service fee for Text Messages but you are responsible for all charges imposed by your communications
service provider, such as fees associated with Text Messaging. Consult your mobile service carrier's pricing plan to
determine the charges for sending and receiving Text Messages. These charges will appear on your phone bill. Message
frequency depends on account settings.
You agree that we may send any Text Messages related to your loan through your communication service provider in
order to deliver them to you and that your communication service provider is acting as your agent in this capacity. You
agree to indemnify, defend, and hold us harmless from and against all claims, losses, liability, costs, and expenses
(including reasonable attorneys' fees) arising from your provision of a mobile phone number that is not your own or
your violation of applicable federal, state, or local law, or regulation or ordinance relating to Text Messages. Your
obligation under this paragraph shall survive termination of this Agreement. You agree that Text Messages are
provided for your convenience only.
Receipt of each Text Message may be delayed or impacted by factors pertaining to your communications service
provider. We will not be liable for losses or damages arising from any disclosure of account information to third
parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the Text
Messages sent by us.
We may modify or terminate our Text Messaging services from time to time, for any reason, with or without notice,
and without liability to you, any other user or third party.
By signing this section, you consent to our sending you Advertising and Telemarketing Text Messages to your mobile
phone number that you provided in your application and is displayed below. You also consent to our making
advertising or telemarketing calls to you at your mobile phone number using automatic telephone dialing system or an
artificial or prerecorded voice calls or texts.
Signing this consent will be deemed to be your signature acknowledging your express consent to receive Advertising
and Telemarketing Text Messages and telephone calls as described above to your mobile phone that you have provided
which is.
You are not required to consent to Advertising or Telemarketing Text Messages or calls to obtain credit or other
services from us. At any time, you may withdraw your consent to receive Advertising or Telemarketing Text Messages
or marketing calls to the mobile number provided by calling us at 855.432.7654 or emailing us at
CustomerService@CraneFinance.com.
You understand that: any Advertising and Telemarketing Text Messages we send you may be accessed by anyone with
access to your Text Messages; and your mobile phone service provider may charge you fees for Advertising and
Telemarketing Text Messages that we send you, and you agree that we shall have no liability for the cost of any
Advertising and Telemarketing Text Messages.
BY CHECKING THE ACKNOWLEDGEMENT, TYPING YOUR NAME AND CLICKING "I AGREE" BELOW,
YOU UNDERSTAND YOU ARE ELECTRONICALLY SIGNING THIS CONSENT TO RECEIVE ADVERTISING OR
TELEMARKETING TEXT MESSAGES AND TELEPHONE CALLS AND ARE AGREEING TO ALL OF THE
TERMS OF THIS CONSENT.
yes
[I AGREE]
Important protections are provided to active duty members of the Armed Forces and their dependents. We require you to select
and electronically sign ONE of the following statements as applicable:
BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE
READ THE AGREEMENT IN ITS ENTIRETY, THAT YOU HAVE CAREFULLY REVIEWED ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, THAT YOU FULLY UNDERSTAND AND
COMPREHEND THE MEANING OF EACH AND EVERY WORD, PHRASE AND CONDITION CONTAINED IN
THIS AGREEMENT AND THAT YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS IN THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT
DEALING WITH LIMITED WAIVER OF SOVEREIGN IMMUNITY AND THE ARBITRATION PROVISION,
INCLUDING THE WAIVER OF JURY TRIAL AND CLASS-ACTION/REPRESENTATIVE WAIVER.
YOU ALSO ACKNOWLEDGE YOUR ABILITY TO DOWNLOAD OR PRINT A FULLY COMPLETED COPY OF
THIS AGREEMENT, AND ALL AUTHORIZATIONS AND CONSENTS HEREIN, FOR YOUR RECORDS:
yes
[I AGREE]
PRIVACY POLICY
September 2021