Consumer Loan Agreement Details
Consumer Loan Agreement Details
In this Consumer Loan Agreement (“Loan Agreement”), the words “you,” ”your,” and “I” mean the borrower who has signed this agreement. The words “we”, “us” and “our” mean Biboon,LLC., DBA
Bridge Lending Solutions (“Lender” or “Bridge Lending Solutions”) an entity owned by a Federally Recognized Native American Tribe, Lac du Flambeau Band of Lake Superior Chippewa Indians of
Wisconsin (“Tribe”).
“Loan” means this consumer installment loan.
CONSENT TO ELECTRONIC COMMUNICATIONS: The following terms and conditions govern electronic communications in connection with this Loan Agreement and the transaction evidenced hereby
(the “Consent”). By electronically signing this Loan Agreement below, you are confirming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a
copy of this Consent for your records. You agree: 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 Loan Agreement, this Consent, the Truth in Lending disclosures set forth herein, change-in-terms notices, fee and transaction information, statements, delayed disbursement letters, notices of
adverse action, applicable state mandated brochures and disclosures, and transaction information (“Communications”), may be sent to you electronically by sending it to you by e-mail, or by posting the
information at our web site 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: Bridge Lending
Solutions, a Tribal LLC,PO Box 481, Lac du Flambeau, WI 54538 or by calling us at 866-572-0720. 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. 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 through HS encryption capabilities. Netscape 4.7+ and above and Microsoft Internet Explorer 5.01+ and above
support 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).
We do not provide ISP services. You must have your own Internet Service Provider. We may amend (add to, delete or change) the terms of this consent to electronic disclosure by providing you with
advance notice, in accordance with applicable law. Your signature below is an electronic signature that is fully enforceable against you in accordance with the terms of this Agreement. By electronically
signing this Loan Agreement below, you are confirming that: (1) your system meets the requirements set forth above; (2) you agree to receive Communications electronically; and (3) you are able to
access and print or store information presented at this website.
By checking this box, you hereby agree to the terms of this Consent to Electronic Communications.
YOUR ELECTRONIC SIGNATURE: You acknowledge and agree that when you type your name in the indicated boxes on this document, you are providing your electronic signature on this document. By
electronically signing this document, you are agreeing to all the terms and conditions set forth in the Agreement, and certifying that all information you have provided in connection with this transaction is
complete and accurate. You agree that your electronic signature shall have the same force and effect, and shall bind you to this Agreement in the same manner and to the true extent as a physical
signature would do, in accordance with the Electronic Signatures in Global and National Commerce Act (“ESIGN”) to the extent applicable. You also agree that this Agreement and all related documents
are electronic records and that, as such, they may be transferred, authenticated, stored, and transmitted by electronic means.
TRUTH-IN-LENDING DISCLOSURES
Maximum Amount of
Amount Financed
ANNUAL PERCENTAGE RATE FINANCE CHARGE Total Payment
The dollar amount the credit will cost The amount of credit provided to you or The amount you will have paid after you
The cost of your credit as a yearly rate.
you. on your behalf. have made all payments as scheduled.
Total $3,900.00
Late Payment Fee: If a payment is late, you will be charged a fee of $30.00
Non-Sufficient Funds Fee: If your payment is returned for nonpayment for any reason, you will be charged a fee of $25.
Security Interest: If you have chosen the ACH Authorization option, your ACH authorization is security for this loan. If you do not authorize automatic payments, you are not giving us a security
interest.
Prepayment: If you pay off early, you will not have to pay a prepayment penalty.
See the terms of the Loan Agreement below for any additional information about nonpayment, default, any required repayment in full before the scheduled maturity date, and prepayment refunds.
THE TOTAL OF PAYMENTS SHOWN IN THE CHART ABOVE REPRESENTS THE MAXIMUM TOTAL OF PAYMENTS THAT WILL BE PAID IF ONLY THE MINIMUM PAYMENT IS MADE ON EACH
DUE DATE. YOUR ACTUAL TOTAL AMOUNT PAID FOR THE LOAN WILL BE SIGNIFICANTLY LESS IF YOU ADD ADDITIONAL AMOUNTS TO THE MINIMUM PAYMENT DUE ON EACH DUE
DATE OR IF YOU PAY OFF YOUR LOAN SOONER. THERE IS NO PREPAYMENT PENALTY AND THE LOAN CAN BE PAID OFF AT ANYTIME. BRIDGE LENDING SOLUTIONS, LLC RECOMMENDS
PAYING OFF YOUR LOAN THE SOONEST YOUR FINANCIAL BUDGET ALLOWS.
YOUR PROMISE TO PAY: You promise to pay us or our assignee the Total of Payments according to the terms of the Disclosures set forth in this Agreement and other permitted charges on the
dates stated in your Payment Schedule set forth above. Pre-computed interest is calculated from the Disbursement Date (as defined below) based upon the assumption that you will pay us as
scheduled on each Payment Due Date.
PAYMENTS You promise to pay the amount of the Total of Payments shown above in accordance with the Payment Schedule set forth above. If you have chosen to repay your Loan via an
Automated Clearinghouse (“ACH”) debit to your Bank Account, then each payment plus any fees due to us (if applicable) will be debited from your Bank Account on each Payment Due Date set
forth above. The ACH Authorization must be separately executed and is set forth below. Completion of the ACH Authorization is not required to obtain a loan from us. If you have chosen to repay
your Loan via certified check or money order, please mail your payments to PO Box 481, Lac du Flambeau, WI 54538 so that they are received by us on or before each Payment Due Date. Please
be sure to include your Loan number on your payment instrument to facilitate crediting to your account. All mailed payments must reach us by 4 PM Central Time on the Payment Due Date. You
acknowledge and agree that we have not made this Loan contingent upon your obtaining any other product or service from us.
PAYMENT APPLICATION. All payments will be applied first to fees due to us, then to interest and then to principal. All prepayments will be applied in the same order. Both the amount of interest
charged and rate thereof are set forth respectively in the Finance Charge and Annual Percentage Rate Disclosures set forth above.
WHEN YOU BEGIN PAYING INTEREST. You will begin to pay interest on the Loan on your Disbursement Date. Your Disbursement Date is determined as follows: If you have chosen to repay your
Loan via an Automated Clearinghouse (“ACH”) debit to your Bank Account, you will begin to pay us interest on the Loan on the date the proceeds of the Loan are deposited into your Bank
Account and such date will be your Disbursement Date. If you have chosen to repay your Loan via certified check or money order, then your loan proceeds will be mailed to you at the address
on your application and your Disbursement Date will be the date we mail you such loan proceeds check. Unavoidable delays as a result of bank holidays, the processing schedule of your
individual bank, the untimely receipt of pay stubs, if such pay stubs are required, inadvertent processing errors, “acts of God”, and/or “acts of terror” may extend the time for disbursement.
Interest is calculated with respect to this loan on the unpaid amount of the Loan each day from the Disbursement Date until the Loan and all related fees have been paid in full. In calculating your
Payment Schedule and each Payment Due Date, we have assumed that you will make each payment on the Payment Due Date in the amount due. The first Installment Period on the loan begins
with the Effective 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 interest 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. If any payment is received after the Payment Due Date, you may be required to pay any additional interest that accrues after such date. If any payment is made
before the Payment Due Date, the interest is assessed on the first day of the loan period but is paid at the end of the loan period and therefore cannot be prorated if the payment is paid early. .
Time is of the essence, which means that there are no grace periods for when payments must be made. If any payment is due on a day on which your bank is not open, then such payment shall
be due on the day before the bank is closed.
CALCULATION OF INTEREST AND PAYMENTS: The interest charged hereunder is calculated using the simple interest method and has been computed upon the basis that you will pay all
installments on the scheduled Payment Dates. You will only be charged the minimum payments as stated above in your Payment Schedule. However, you can make additional payments towards
your principal at any time.
PREPAYMENT. You may prepay all or part of the amount you owe us at any time without an additional prepayment penalty. If you do so, you must pay the interest accrued on your Loan and all
other amounts due up to the date of your payment. Prepayments that are less than the total amount due to us will be reflected in your final payment due.
ATTORNEYS FEES RELATED TO COLLECTION. You understand that in the event that Lender is required to employ an attorney at law to collect any amount due under this Agreement, you will be
required to pay the reasonable fees of such attorney to protect the interest of Lender or to take any other action required to collect the amounts due hereunder.
SECURITY. Pursuant to Comments 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z - 226.2, we have disclosed to you that our interest in the ECheck/ACH
Authorization is a security interest for Truth-in-Lending purposes only, because federal law does not clearly address whether our interest in the Check/ACH Authorization is a “security interest”.
If you do not authorize automatic payments, you are not giving us a security interest.
NONSUFFICIENT FUNDS FEE (NSF FEE). You agree to pay $25.00 if an item in payment of what you owe is returned unpaid or the Bank for any reason rejects an ACH debit entry, the
authorization for which was not properly revoked by you. You understand and agree that your bank may also charge you a fee for the presentation of an instrument for payment for which there
are insufficient funds available to pay such instrument.
LATE PAYMENT FEE. You will be charged a fee of $30.00 for each payment that is received after the applicable Payment Due Date.
RIGHT TO CANCEL: YOU MAY CANCEL THIS LOAN AND THE ACH AUTHORIZATION WITHOUT COST OR FURTHER OBLIGATION TO US, IF YOU DO SO WITHIN 24 HOURS OF THE LOAN BEING
APPROVED (the “Cancellation Deadline”). To cancel, you must call us at 866-572-0720 to alert us of your intention to cancel and send a signed cancellation fax to us at 1-866-292-8242. Your right
to cancel your loan only applies if your loan either hasn’t funded or, if it has, the funds are returned to us as explained below. 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 for the principal amount of this Agreement, then if we receive payment of the principal amount via the 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 in either of the above situations, then this
Agreement will remain in full force and effect.
DEFAULT: You will be in default if you do any of the following: (1) you provide false or misleading information to us in connection with this Loan; (2) you fail to make any payment due to us under
this Agreement or any payment provided to us is returned for any reason; or (3) you file bankruptcy or become a debtor under applicable bankruptcy laws.
CONSEQUENCES OF DEFAULT. If you default, we may, at our option do any of the following (as permitted under applicable law): (1) declare the entire unpaid principal balance and all accrued
unpaid interest and fees immediately due and require you to pay us everything you owe us; (2) withdraw money from your Bank Account via ACH debit to obtain the funds due to us under this
Agreement, if you have provided us with an ACH authorization to debit your Bank Account; and (3) obtain a judgment and take other legal action against you to obtain the funds you owe us. By
taking any of these actions against you, we retain the right to use any other method to obtain the money you owe us. Failure to use any of these rights against you does not mean that we give up
any other right listed above.
CREDIT REPORTING: We may report information about your Loan to credit bureaus. Late payments, missed payments, or other account activity may be reflected on your credit report.
CREDIT REPORTING VERIFICATION. You agree that we may make inquiries concerning your credit history and standing, and may report information concerning your performance under this
Agreement to credit reporting agencies. You authorize us to verify your past and/or present employment history and income. 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 a consumer reporting agency or other sources, including your bank. 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.
BORROWER’S BANK CHARGES: You will not hold us or our agents responsible for any fees you must pay as a result of any check or withdrawal request being presented at your bank in
connection with this Agreement.
ASSIGNMENT. We may assign or transfer this Agreement or any of our rights hereunder. This Agreement may not be assigned by you with our prior written consent.
TIME PERIOD. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action occurred, or the date it
should have been reasonably discovered, whichever is earlier; provided, however, the foregoing limitation shall not apply to the collection of any amounts due under this Agreement.
ACH AUTHORIZATION TO CREDIT BANK ACCOUNT: Unless the proceeds of this Agreement are supplied to any outstanding loan balance that you may owe to us or you notify us otherwise, by
electronically signing this Agreement below, you are choosing to authorize us and our agents to initiate an Automated Clearing House (“ACH”) credit entry to your Bank Account to disburse the
proceeds of this loan.
ACH DEBIT AUTHORIZATION: Unless you chose to mail to us a check or money order for payment for this Loan, you hereby voluntarily authorize us, our agents and our successors and
assigns, to initiate automatic debit entries out of your Bank Account identified above in accordance with this Agreement, including any returned payment charges and the total amount you owe if
you do not pay us when you agreed in the Agreement. You also authorize us to initiate ACH debits to Your Bank Account in order to obtain payment under this Agreement. By electronically
signing this Agreement below, you are authorizing us to initiate a single debit entry out of Your Bank Account via ACH for each of the following amounts: (a) for each Payment Amount on the
Payment
Due Date, as described in the Payment Schedule above;
(b) for any late charges or fees accrued on each Payment Due Date;
(c) to recoup the outstanding balance of the Total of Payments, on the next Payment Date, or thereafter, if you are in default; (d) for any additional Finance Charges accrued according to this
Agreement, on final Payment Due Date, or thereafter.
You agree that we may re-initiate a debit entry for the same amount if the ACH debit entry is dishonored or payment is returned for any reason. The ACH Authorizations set forth in this
Agreement are to remain in full force and effect for this transaction until your indebtedness to us for the Total of Payments, plus any other charges or fees incurred and described in this
Agreement, is fully satisfied. You may only revoke the above authorization by contacting us directly. If you revoke your authorization, you agree to provide us with another form of payment
acceptable to us.
If any payment is returned unpaid, you authorize us to make a one-time electronic fund transfer from your account to collect a fee of $25. You voluntarily authorize us, our agents, and our
successor and assigns, to initiate a debit entry to Your Bank Account for payment of this fee. You further authorize us to initiate debit entries as necessary to recoup the outstanding loan
balance whenever an ACH transaction is returned to us for any reason. If your payment is returned to us by your financial institution due to insufficient funds or a closed account, you agree that
we also may recover court costs and reasonable attorney’s fees incurred by us.
You understand and agree that this ACH authorization is provided for your convenience, and that you have authorized repayment of your loan by ACH debits voluntarily. You agree that you may
repay your indebtedness through other means, including by providing timely payment via cashier’s check or money order directed to: Bridge Lending Solutions, a Tribal LLC, PO Box 481, Lac du
Flambeau, WI 54538.
You authorize us to verify and update all of the information that you have provided regarding this ACH Authorization, including past and/or current information.
NOTICE OF VARYING AMOUNTS: For those customers who have chosen the ACH Debit Authorization, please note that you have the right to receive notice of all withdrawals from your Bank
Account by an ACH Debit that vary in amount. However, by agreeing to let us withdraw the money from your Bank
Account, you agree we only have to tell you the range of withdrawals that we can make. The range of withdrawals will be either an amount equal to your payment due or an amount equal to the
outstanding balance under the Loan (which may be greater than or less than the payment due, as applicable), plus a returned payment fee as specified below. For any withdrawal outside of this
specified range, we will send you a notice. Therefore, by signing this Agreement below, you are choosing to only receive notice when a withdrawal exceeds the amount in the specified range.
You authorize us to vary the amount of any withdrawal as needed to repay installments due on the Loan as modified by any partial prepayments you make.
TERMINATING ACH DEBIT AUTHORIZATION: For those customers who have chosen the ACH Debit Authorization, the ACH debit authorization will remain
in full force and effect until the earlier of the following occurs: (i) you satisfy all of your payment obligations under this Agreement or (ii) you tell us or the Paying Bank that we can no longer
withdraw money from your Bank Account in enough time (not less than ten business days prior to the scheduled debit date) to let the Paying Bank or us stop taking the money out of your Bank
Account. Terminating your ACH authorization does not relieve you of your obligation to pay your Loan in full.
YOU MAY REVOKE YOUR AUTHORIZATION TO AUTOMATIC PAYMENTS AT ANY TIME BY CONTACTING US DIRECTLY VIA PHONE NUMBER TO 866-572-0720 OR EMAIL
TO. customerservice@bridgelendingsolutions.com. Note that we will need a reasonable time to process your request and you will still be responsible for payment and agree to contact us
immediately to notify us of how you are planning to make your next payment due.
For the purposes of these disclosures, our business days are Monday through Friday, 8:00 AM CST to 6:00 PM CST.
If you choose the ACH payment option below, you authorize us to effect ACH debit and credit entries referenced above for this loan, you also agree to the ACH
Authorizations set forth in this Agreement. You acknowledge and agree that this ACH Authorization to Credit and Debit Bank Account inures to the benefit of Bridge
Lending Solutions, a Tribal LLC, its affiliates, agents, employees, successors, and registered assigns and that choosing ACH as your payment method is an option and is
not required in order to obtain a loan from Bridge Lending Solutions.
By checking this box you hereby AGREE to the terms of this ACH Authorization section in this Agreement. YOU ALSO HEREBY UNDERSTAND AND AGREE THAT THIS LOAN IS NOT
CONDITIONED ON PAYMENT BY ACH AND THAT YOU MAY PAY BY PAPER CHECK, MONEY ORDER OR BY ANOTHER METHOD LISTED IN THIS AGREEMENT.
PAYMENT BY MONEY ORDER: You may pay any payment owing under this Agreement by money order.
CHECK CONVERSION NOTIFICATION: When you provide a check as payment, you agree we can either use information from your check to make a one- time electronic withdrawal from your
Bank Account or to process the payment as a check transaction. When we use information from your check to make a withdrawal from your Bank Account, funds may be withdrawn from your
Bank Account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. For questions, please call our customer service phone
number: 1-866-572-0720.
Rev. November 2019
FACTS WHAT DOES BIBOON LLC DBA BRIDGE LENDING SOLUTION (“BRIDGE LENDING SOLUTIONS”) DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
What?
Social Security number
Income and account transactions
Account balances and payment history
Credit history and credit scores
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their
How?
customers’ personal information; the reasons Bridge Lending Solutions chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Bridge Lending Can you limit the sharing?
Solution share?
For our everyday business purposes – such as to process your transactions, maintain YES NO
your account(s), respond to court orders and legal investigations, or report to credit
bureaus.
For our marketing purposes - to offer our products and services to you YES NO
For our affiliates everyday business purposes - information about your transactions YES NO
and experiences
For our affiliates everyday business purposes - information about your YES YES
creditworthiness
Call 866-572-0720 – our menu will prompt you through your choice(s) or
Visit us online: www.bridgelendingsolutions.com
To Limit Our Please Note: If you are a new customer, we can continue sharing your information 30 days from the date we provide you this notice. When you are no longer our customer,
Sharing we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
Who we are
Who is providing this Bridge Lending Solution is a d/b/a of Bibbon, LLC and is a company wholly owned by the Federally Recognized Native American Tribe Lac du Flambeau Band of
notice? Lake Superior Chippewa Indians of Wisconsin and is providing this privacy policy.
What we do
How does Bridge Lending To protect your personal information from unauthorized access and use, we use security measures that comply with Tribal and federal law. These measures include
Solutions protect my computer safeguards and secured files and buildings.
personal information?
All information collected is stored in a secure environment.
How does Bridge Lending We collect your personal information, for example, when you
Solutions collect my
personal information? open an account or deposit money
We also collect your personal information from others, such as credit bureaus, affiliates or other companies.
Why can't I limit all Federal law gives you the right to limit only
sharing?
sharing for affiliates everyday business purposes information about your creditworthiness
What happens when I Your choices will apply to everyone on your account.
limit sharing for an
account I hold jointly with
someone else?
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
Biboon, LLC has no affiliates. Our affiliates includes other business entities of the Lac du Flambeau Band of Lake Superior Chippewa Indians of
Wisconsin.
Nonaffiliates Companies not related by common control. They can be financial and nonfinancial companies.
Nonaffiliates we can share with include service providers and data processors.
Joint A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
marketing
Bridge Lending Solutions doesn’t jointly market.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. Any dispute you have with Lender or anyone else under this Agreement will be resolved by binding arbitration. Arbitration
replaces the right to go to court, including the right to have a jury, to engage in discovery (except as may be provided in the arbitration rules), and to participate in a class action or similar
proceeding. In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. Any arbitration will be limited
to addressing your dispute individually and will not be part of a class-wide or consolidated arbitration proceeding.
Agreement to Arbitrate. You agree that any Dispute (defined below) will be resolved by arbitration in accordance with Lac du Flambeau Band of Lake Superior Chippewa Indians Tribal law
and any applicable federal law.
Arbitration Defined. Arbitration is a means of having an independent third party resolve a Dispute. A “Dispute” is any controversy or claim between you and Lender, its marketing agent,
collection agent, any subsequent holder of this Note, or any of their respective agents, affiliates, assigns, employees, officers, managers, members or shareholders (each considered a “Holder”
for purposes of this Agreement). The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including
events that occurred prior to the opening of this Account), based on any legal or equitable theory (tort, contract, or otherwise), and regardless of the type of relief sought (i.e. money, injunctive
relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim arising from, related to or based upon marketing or solicitations to obtain the loan and the
handling or servicing of your account whether such Dispute is based on a tribal, federal or state constitution, statute, ordinance, regulation, or common law, and including any issue concerning
the validity, enforceability, or scope of this loan or the Agreement to Arbitrate.
You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US
OR RELATED THIRD PARTIES;
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and (c) YOU ARE GIVING UP YOUR RIGHT TO SERVE
AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY
LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Choice of Arbitrator. Any party to a Dispute, including a Holder or its related third parties, may send the other party written notice by certified mail return receipt requested at the address
appearing at the top of this Agreement 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, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879)
http://www.adr.org; JAMS (1-800-352-5267). http://www.jamsadr.com; or an arbitration organization agreed upon by you and the other parties to the Dispute. The arbitration will be governed by
the chosen arbitration organization’s rules and procedures applicable to consumer disputes, to the extent that those rules and procedures do not contradict either the law of the Tribe or the
express terms of this Agreement to Arbitrate, including the limitations on the Arbitrator below. The party receiving notice of Arbitration will respond in writing by certified mail return receipt
requested within twenty (20) days. You understand that if you demand Arbitration, you must inform us of your demand and of the arbitration organization you have selected. You also understand
that if you fail to notify us, then we have the right to select the arbitration organization. Any arbitration under this Agreement may be conducted either on tribal land or within thirty miles of your
residence, at your choice, provided that this accommodation for you shall not be construed in any way (a) as a relinquishment or waiver of the Tribe’s sovereign status or immunity, or (b) to allow
for the application of any law other than the law of the Tribe or applicable federal law to this Agreement.
Cost of Arbitration. We will pay the filing fee and any costs or fees charged by the Arbitrator regardless of which party initiates the arbitration. Except where otherwise provided by the law of
the Tribe or applicable federal law, each party will be responsible for its own attorneys’ fees and other expenses. Unless prohibited by applicable law, the arbitrator may award fees, costs, and
reasonable attorneys’ fees to the party who substantially prevails in the arbitration.
Waiver of Jury Trial and Waiver of Ability to Participate in a Class Action. YOU HEREBY AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL, TO HAVE A COURT DECIDE
YOUR DISPUTE, AND YOU ARE WAIVING YOUR ABILITY TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR IN ANY
OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT WOULD BE AVAILABLE IN A LAWSUIT. The arbitrator
has the ability to award all remedies available under the Tribe’s law and applicable federal law, whether at law or in equity, to the prevailing party, except that the parties agree that the arbitrator
has no authority to conduct class-wide proceedings and will be restricted to resolving the individual Disputes between the parties. The validity, effect, and enforceability of this Arbitration
Provision, including the enforceability, revocability or validity of the Arbitration Provision and waiver of class action lawsuit and class-wide arbitration is to be determined solely by an arbitrator
and not by a court or judge. If the arbitrator refuses to enforce the class-wide arbitration
waiver, or if the arbitrator fails or refuses to enforce the waiver of class-wide arbitration, the parties agree that the Dispute will proceed in tribal court and will be decided by a tribal court judge,
sitting without a jury, under applicable court rules and procedures and may be enforced by such court through any measures or reciprocity provisions available. This agreement not to bring, join
or participate in class actions is an independent, severable agreement and shall survive the closing, funding, repayment and/or default of the loan for which you are applying.
Applicable Law and Judicial Review. THIS AGREEMENT TO ARBITRATE IS MADE PURSUANT TO A TRANSACTION INVOLVING THE INDIAN COMMERCE CLAUSE OF THE CONSTITUTION OF
THE UNITED STATES OF AMERICA, AND SHALL BE GOVERNED BY THE LAW OF the Tribe and applicable federal law. The arbitrator will apply the laws of the Tribe, the terms of this Agreement,
including the Agreement to Arbitrate, and any applicable federal law. The arbitrator must apply the terms of this Agreement to Arbitrate, including without limitation the waiver of class-wide
arbitration. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. If
allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorneys’ fees and expenses. The arbitrator will make written findings and the arbitrator’s
award may be filed with the tribal court. The arbitration award will be supported by substantial evidence and must be consistent with this Agreement and applicable law or may be set aside by
the tribal court upon judicial review.
Other Provisions. This Arbitration Provision will survive: (i) termination or changes in this Agreement, the Account, or the relationship between us concerning the Account; (ii) the bankruptcy of
any party; and (iii) any transfer, sale or assignment of my Note, or any amounts owed on my account, to any other person or entity. This Arbitration Provision benefits and is binding upon you,
your respective heirs, successors and assigns. It also benefits and is binding upon us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and
effect, even if your obligations have been paid or discharged through bankruptcy. The Agreement to Arbitrate 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. If any of this Agreement to Arbitrate is held invalid, the remainder shall remain in effect.
By checking this box you hereby agree to the terms of this Waiver of Jury Trial and Arbitration Section.
GOVERNING LAW. This Agreement and the Agreement to Arbitrate are governed by the Indian Commerce Clause of the Constitution of the United States of America and the laws of the Tribe,
along with applicable federal law. We do not have a presence in any state of the United States of America. Neither this Agreement nor the Lender is subject to the laws of any states.
SOVEREIGN IMMUNITY. This Agreement and all related documents are being submitted by you to Biboon, LLC d/b/a Bridge Lending Solutions, a Tribal LLC, PO Box 481, Lac du Flambeau, WI
54538. Bridge Lending Solutions is an economic development arm, instrumentally, and limited liability company of the Tribe. The Tribe is a federally-recognized Indian Tribe and enjoys governmental
sovereign immunity. Because the Tribe and Bridge Lending Solutions are entitled to sovereign immunity, you will be limited in what claims, if any, you may be able to assert against them. To
encourage resolution of consumer complaints, and pursuant to the tribal consumer financial services code or law, all complaints lodged, filed, or otherwise submitted by you or on your behalf
must follow the Governing Law and other procedures, as described herein.
PRESERVATION OF SOVEREIGN IMMUNITY. Nothing in this Agreement constitutes a waiver of the Tribe’s sovereign immunity and the Tribe’s immunity is full preserved and is not waived either in
whole or in part by this Agreement. 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, and no wavier has been made with respect to either your Agreement or you.
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 1-866-572-0720 or emailing us at
customerservice@bridgelendingsolutions.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 1-866-572-0720 or emailing us at customerservice@bridgelendingsolutions.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 customerservice@bridgelendingsolutions.com.
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 checking the box below, you consent to our sending you Advertising and Telemarketing Text Messages to the mobile phone number you have provided 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.
By checking this box, you hereby agree to the terms of this Advertising / Marketing Telephone Communications / Messaging consent. You acknowledge your consent to receive
Advertising and Telemarketing Text Messages and telephone calls as described above to your mobile phone at 4055707749 .
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 866-572-0720 or emailing us at
customerservice@bridgelendingsolutions.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.
PRIVACY POLICY: By signing this Agreement, you acknowledge and agree to Bridge Lending Solutions Privacy Policy as stated on Bridge Lending Solutions website at the following link:
https://bridgelendingsolutions.com/PrivacyPolicy.aspx AND that you have reviewed and acknowledge receipt of the Lenders’ Privacy Policy.
COVERED BORROWER IDENTIFICATION STATEMENT FOR COVERED TRANSACTIONS: By signing below, you warrant that you ARE NOT a regular or reserve member of the U.S. Military,
including the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of thirty (30) days or fewer (or a dependent of such
a member).
VERIFICATION: You authorize us to verify all of the information you have provided in obtaining approval of this Loan, including but not limited to any past and/or present employment history,
income and bank account details as may be necessary to process your application for this Loan and/or determine Due Dates. You specifically authorize us to use information you provided us,
including your social security number and/or bank account number, to verify information in your Bank Account through telephone initiated bank records. You also give us consent to obtain
information about you from consumer reporting agencies or other sources.
This Agreement includes a Waiver of Jury Trial and Arbitration Provision that may be enforced by you and us. By signing this Agreement you agree that it was filled in before you did so and that
you have received a completed copy of it. You further agree that you have read and understand all of the terms of this Agreement, including the part entitled “Waiver of Jury Trial and Arbitration
Provision.)”
ADDITIONAL ACKNOWLEDGEMENTS: By electronically signing this Agreement you agree that this Electronic Signature has the full force and effect of your physical signature and that it
binds you to this agreement in the same manner a physical signature would do and you further certify that the information given in connection with this Agreement is true and correct. You
authorize us to verify the information given in connection with this Agreement, and you give us consent to obtain information about you from a consumer reporting agency or other sources and
as otherwise stated herein. You acknowledge, represent and warrant that (a) you have received, reviewed, understand, and agree to all of the terms and conditions of this Agreement, including
but not limited to the disclosures, specifically including but not limited to the Truth in Lending Act, the Arbitration Agreement and Waiver of Jury Trial, the ACH Authorization, our Privacy
Policy, Telephone Communications/Messaging provisions above (b) this Agreement is subject solely to the exclusive laws and Jurisdiction of The Tribe and you acknowledge that your right to
file suit against us for any claim or dispute regarding this Agreement is limited by the ARBITRATION AGREEMENT (c) this Agreement contains all of the terms of the agreement between you
and us and that no representations or promises other than those contained in this Agreement have been made, (d) you specifically authorize withdrawals and deposits to and from your Bank
Account as described in this Agreement, if you have selected the ACH Debit Authorization, (e) you are not a debtor under any proceeding in Bankruptcy and have no intention to file a petition
for relief under any chapter of the United States Bankruptcy Code, (f) this Agreement was filled in before you signed it, (g) you acknowledge that you agree to comply with, and be bound by all
of the terms in this Agreement; and (h) you have the ability to print or retain a completed copy of this Agreement and have done so for your records.
You further acknowledge that we may withhold funding of your loan until we check to make sure all the information you gave us on your application is true and we decide whether you meet our
requirements to receive the Loan. If we decided to fund and consummate the Loan, then you agree that the electronically signed Agreement we receive from you will be considered the original
executed Agreement, which is binding and enforceable as to both parties. Finally, you further acknowledge that this agreement is approved or denied on Tribal land and is subject
to final determination by us.
NOTICE: YOU ARE ENTERING INTO A LOAN AGREEMENT WITH A FEDERALLY RECOGNIZED AMERICAN INDIAN TRIBE AND, AS SUCH, THE SUBSTANTIVE LAW APPLICABLE TO THIS LOAN
AGREEMENT ARE THE LAWS OF THE TRIBE AND APPLICABLE FEDERAL LAW. THIS LOAN AGREEMENT IS NOT SUBJECT TO THE LAWS OF THE STATE WHERE YOU RESIDE.THIS AGREEMENT
PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR AND REPLACES THE RIGHT TO GO TO COURT AND HAVE A
DISPUTE RESOLVED BY A JUDGE OR JURY. THIS AGREEMENT ALSO WAIVES YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
PLEASE NOTE YOU SHOULD PRINT AND RETAIN A COPY OF THIS LOAN AGREEMENT FOR YOUR RECORDS.
Any comments or questions may be directed to Bridge Lending Solutions, LLC. Comment Line at the following toll-free number: 866-572-0720