Loan Documents – CreditCube


PLEASE READ THIS LOAN AGREEMENT CAREFULLY. YOU WILL BE REQUIRED TO ELECTRONICALLY SIGN AND DATE IT. YOU WILL ALSO ELECTRONICALLY SIGN AND DATE THE PAYMENT CHOICE AUTHORIZATION.

Loan Agreement

Agreement Date: 07/01/2020

Loan #: 3868019

First Due Date: 07/15/2020


Credit Cube

P.O. Box 133
Finley, CA 95435

NAME: David Ellis

ADDRESS: 9504 Meadowmont Lane

CITY: RALEIGH

STATE: NC

ZIP: 27615

PHONE: 571-247-3438

In this Loan Agreement (this "Loan Agreement") the words "you" and "your" mean the borrower who has electronically signed it. The words "we", "us", “Enterprise” and "our" mean Credit Cube. We are an economic development arm of, instrumentality of, and wholly-owned and controlled business of the Big Valley Band of Pomo Indians of the Big Valley Rancheria (the “Tribe”).

We cannot commit to make a loan to you unless your completed application is approved by our underwriting department, located on the Tribe's Reservation.

TRUTH IN LENDING DISCLOSURES

ANNUAL PERCENTAGE
RATE

FINANCE CHARGE
Amount Financed
Total of Payments

The cost of your credit as a yearly rate.

The dollar amount the credit will cost you.

The amount of credit provided to you or on your behalf.

The amount you will have paid when you have made all payments as scheduled.

635.66%

$420.63

$400.00

$820.63

Your Payment Schedule will be:

Number of Payments
Payment Due
Payment Date

1
$136.77
07/15/2020

4
$136.77
Twice per Month Starting 07/31/2020

1
$136.78
09/30/2020

Itemization of Amount Financed

1. Amount given to you directly:

$

400.00

2. Plus Amount paid on your behalf to a third party

$

0.00

3. Equals Amount Financed/Principal Loan Amount:

$

$400.00

Security: If you have chosen to receive and make payments from your Bank Account via ACH or debit, your authorization to draw funds from your Bank Account is security for this loan. This disclosure of our security interest is made for Truth in Lending purposes only, because neither Tribal law nor federal law clearly addresses whether our interest is a security interest.

Late Charge: If a payment is late, you will be charged a $25 late fee.

Prepayment: If you pay off early, you will not have to pay a penalty and you may be may be entitled to a refund of part of the finance charge.

See the terms of the Loan Agreement below for any additional information about nonpayment, default, any required repayment in full before the schedule date, and prepayment penalties.


IMPORTANT DISCLOSURES

  • YOUR LOAN IS AN EXPENSIVE FORM OF BORROWING.
  • YOU CAN SAVE FINANCE CHARGES BY PAYING OFF YOUR LOAN EARLY EITHER IN PART OR IN FULL.
  • YOUR LOAN IS DESIGNED TO ASSIST YOU IN MEETING YOUR SHORT-TERM CASH NEEDS. IT IS NOT A SOLUTION FOR LONGER TERM FINANCIAL PROBLEMS.
  • NON-PROFIT CREDIT COUNSELING SERVICES ARE AVAILABLE IN YOUR COMMUNITY FOR CONSUMERS EXPERIENCING FINANCIAL PROBLEMS.
  • IN MAKING THIS LOAN, YOU ARE SUBMITTING TO THE JURISDICTION OF THE TRIBE AND THE APPLICATION OF TRIBAL LAW AND APPLICABLE FEDERAL LAW ONLY.
  • IN MAKING THIS LOAN, YOU ARE AGREEING THAT THIS LOAN IS MADE WITHIN THE TRIBE’S JURISDICTION AND IS NOT GOVERNED BY THE LAWS OF YOUR RESIDENT STATE, WHICH MAY HAVE INTEREST RATE LIMITS AND OTHER CONSUMER PROTECTION PROVISIONS THAT ARE MORE FAVORABLE.

YOUR PROMISE TO PAY: You promise to pay us the Amount Financed and finance charges according to the payment schedule in the Truth in Lending Disclosures at the beginning of this Loan Agreement plus all other amounts owed to us under this Loan Agreement. You agree that your finance charges will be calculated at the Annual Percentage Rate in the Truth in Lending Disclosures. You will pay us as you chose in your Payment Choice Authorization. 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 the payment is made.

DISBURSEMENT: If your Loan is approved, we will process disbursement of your loan proceeds within 1 business days of the day your loan is approved. A business day is a regular work day and does not include Saturday, Sunday or holidays. You authorize us to use commercially reasonable efforts to initiate a credit entry by depositing the proceeds of your loan into Your Bank Account described in your Disbursement and Payment Choice Authorization. The date that your loan proceeds are deposited to Your Bank Account is the "Disbursement Date". Unavoidable delays as a result of bank holidays, the processing schedule of your individual bank, inadvertent processing errors, “acts of god", or "acts of terror" may extend the time for the deposit.

CANCELLATION. You may cancel your payment obligations under this Loan Agreement, without cost or finance charges, so long as you do so within three (3) days of the Disbursement Date (“Cancellation Deadline”). 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. To cancel your payment obligations on this loan, you must inform us in writing, by or before the Cancellation Deadline, either by email to support@creditcube.com or by fax at (707) 264-6544, 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 Loan 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 Loan Agreement. If we receive payment of the principal amount via the debit, then both your and our obligations under this Loan 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 Loan Agreement will remain in full force and effect.

PAYMENT METHODS:   If you elect to make your payments by automatic electronic debit (ACH), debit card, or remotely-created check, then your payments will be automatically initiated by us in accordance with this Agreement. PLEASE NOTE: If you revoke your Debit Card and/or ACH authorization, then you authorize us to initiate your scheduled payments by remotely-created check or as otherwise set forth in this Agreement. If you elect to mail your payments by certified check or money order (i) all payments must be mailed to: Credit Cube, P.O. Box 133, Finley, CA 95435 and (ii) payment must reach this address by the scheduled Due Date. Please contact us at support@creditcube.com for other payment methods that may be available. Regardless of the payment method used, a payment must be received by us on or before the scheduled Due Date. Payments will be applied first to finance charges, then principal, then to any late charges or returned payment fees.

VERIFICATION: You certify that the information given in connection with this Agreement is true and correct. You authorize us to verify all of the information that you gave us such as any past and/or present employment history, income and bank account details as may be necessary to process your application for a loan determine Due Dates and administer your account with us. 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. You represent that 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.

ACH CREDIT AND DEBIT AUTHORIZATION:       If you elected to receive funding and make payments by ACH credit and debit on the Funding and Payment Method Selection Form, then you authorize us, and our successors and assigns, to initiate an automatic credit entry of the loan proceeds and automatic debit entries for payments in accordance with this Agreement and to your Bank Account as identified below (your “Bank Account”):

BANK ACCOUNT: Bank Routing Number: ********0017 and Bank Account Number: *******8868

You agree that we will 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 as provided above under "Cancellation", then we will not be able to deposit the loan proceeds into your Bank Account.

You also 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 further authorize us to initiate a separate ACH debit entry to your Bank Account for any applicable returned payment and/or late charges in the amounts set forth in your Agreement with us. You authorize us to re-initiate any ACH up to two additional times for the same amount if the ACH is dishonored.

You may revoke this authorization by contacting us in writing at support@creditcube.com or by phone at 888-885-5646. You must contact us at least three (3) business days prior to when you wish the authorization to terminate. If you revoke your ACH authorization, we will also consider that a revocation of your Debit Card authorization below. If you revoke the ACH authorization, you authorize us to make your payments by remotely-created checks as set forth below.

You have the right to receive notice of all transfers varying in amount from the range specified below. You acknowledge that we elected to offer you a specified range of amounts for the recurring electronic debiting (in lieu of providing the notice of transfers in varying amount). The amount of any ACH debit will range from (i) the payment amount provided in this Agreement (which may be less than a scheduled payment if partial prepayments have been made), to (ii) an amount equal to the scheduled payment plus as applicable, any returned payment charges and/or any late charges you may owe under this Agreement. For any recurring electronic debit outside of this specified range, we will send you a notice. Therefore, by agreeing to the terms of this ACH Credit and Debit Authorization you choose to only receive notice when a recurring electronic debit amount exceeds the range specified. You also authorize us to verify all of the information that you have provided, including past and/or current information. You agree that the debit entries authorized herein are voluntary, and that certain entries will recur 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 such information. If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees

In addition, if (1) we cannot process your authorized ACH debits for any reason other than revocation, (2) you specifically request that we debit your Debit Card, or (3) you default on a payment, then you also authorize us, and our successors and assigns, to initiate automatic debit entries for payments in accordance with this Agreement to your Debit Card. In such an event. You agree we will initiate debit entries to your Debit Card on each scheduled payment date or thereafter for the scheduled amount, or any lesser amount you owe. You further authorize us to initiate a separate debit to your Debit Card for any applicable returned payment and/or late charges in the amounts set forth in this Agreement. If the debit entries are dishonored you authorize us to initiate separate debit entries for the dishonored amount or lesser amounts in increments of $25 until the amount owing is paid in full.

You may revoke this authorization by contacting us in writing at support@creditcube.com or by phone at 888-885-5646. You must contact us at least 3 days prior to when you wish the authorization to terminate. If you revoke the Debit Card authorization, you authorize us to make your payments by remotely-created check as set forth below.

You have the right to receive notice of all transfers varying in amount. You acknowledge that we elected to offer you a specified range of amounts for the recurring electronic debiting (in lieu of providing the notice of transfers in varying in amount). The amount of any debit will range from (i) the payment amount provided in this Agreement (which may be less than a scheduled payment if partial prepayments have been made), to (ii) an amount equal to the scheduled payment plus as applicable, any returned payment charges and/or any late charges you may owe under this Agreement. For any recurring debit outside of this specified range, we will send you a notice. Therefore, by agreeing to the terms of this Debit Card Authorization you choose to only receive notice when a recurring debit amount exceeds the range specified. You also authorize us to verify all of the information that you have provided, including past and/or current
information. You agree that the debit entries authorized herein are voluntary, and that certain entries will recur at substantially regular intervals. If there is any missing or erroneous information in or with your loan application regarding your Debit Card, then you authorize us to verify and correct such information. If any payment cannot be obtained by your Debit Card, you remain responsible for such payment and any resulting fees under the Agreement.

REMOTELY-CREATED CHECK AUTHORIZATION:     If (1) you elected to receive funding and make payments by Debit Card or ACH credit and debit and you subsequently revoke either authorization, (2) we are unable to process your payments by Debit Card or ACH for any reason, or (3) you have defaulted on a payment, then by electronically signing this Agreement you authorize us to create checks bearing your typed name and other information as may be required under applicable law, rather than your handwritten signature, drawn on your Bank Account, and to submit each check for payment to the Bank or other financial institution in the amount of each payment owing to us under this Agreement on or after each scheduled payment date (“Remotely Created Check”), otherwise known as a demand draft, telecheck, preauthorized draft or paper draft. If a Remotely Created Check is returned unpaid by the Bank or other financial institution, then you authorize us to create and submit a remotely created check for any late fees, or other amounts accrued pursuant to this Agreement. You agree that your typed name or other designation mandated by applicable law will constitute your authorized signature fully reflecting your intent to authenticate any such Remotely Created Check. If you believe we charged your Bank Account in a manner not contemplated by this authorization, then please contact us. You authorize us to vary the amount of any preauthorized payment by Remotely Created Check as needed to repay amounts owing, as modified by any partial prepayments. This Remotely Created Check Authorization is only effective if you originally selected Debit Card or ACH as your funding and payment method and then you revoke either authorization, we are unable to process your payments by either method for any reason, or you default on a payment. If you would like to dispute a payment related to a remotely created check, determine whether a payment was genuine, withhold payment of a remotely created check, or obtain re-crediting of amounts we obtained via a remotely created check, contact us by calling: 8888855646

CHECK CONVERSION NOTIFICATION: If you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic funds transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.

ASSIGNMENT. This Loan Agreement may not be assigned by you. We may assign or transfer this Loan 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.

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.

LATE CHARGE.    You agree to pay a late charge of $25 if a payment is 5 days or more late. If you authorized debits from Your Bank Account in your Payment Choice Authorization, you agree that we may debit your Bank Account 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 $25. 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 charges. Your refused instrument may also cause your payment to be late which could result in your having to also pay a late charge.

CONSUMER REPORTS:   You authorize us to obtain consumer reports about you now or in the future as long as you owe us money under this Loan Agreement.

GOVERNING LAW. The laws of the Tribe and federal law, as applicable, will govern this Loan Agreement, without regard to the laws of any state, 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.

LAWS OF YOUR RESIDENT STATE INAPPLICABLE:  In making this loan, you consent to Tribal jurisdiction for this loan, and the application of exclusively Tribal law and applicable federal law. Your resident state law may have interest rate limits and other consumer protection provisions that are more favorable. If you wish to have your resident state law apply to any loan that you take out, you should consider taking a loan from a licensed lender in your state.

SOVEREIGN IMMUNITY: This Loan Agreement and all related documents are being submitted by you to us as an economic arm, instrumentality, and wholly-owned and operated business of the Tribe. The Tribe is a federally-recognized American Indian Tribe and enjoys governmental sovereign immunity. Because we and the Tribe are entitled to sovereign immunity, you will be limited as to what claims, if any, you may be able to assert against the Tribe and us. To encourage resolution of consumer complaints, any complaint may be submitted by you or on your behalf to the Tribe for review as described under "Tribal Dispute Resolution Procedure Provision" below.

PRESERVATION OF SOVEREIGN IMMUNITY:     It is the express intention of the Tribe and us operating as an economic arm of the Tribe, to fully preserve, and not waive either in whole or in part, exclusive jurisdiction, sovereign governmental immunity, and any other rights, titles, privileges, and immunities, to which we and the Tribe are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of sovereign immunity. No waiver is or can be made except by express written declaration of the Tribe’s governing body specifically authorizing a waiver for the matter in question. No such waiver has been made with respect to either your Loan Agreement or your Payment Choice Authorization.

MILITARY LENDING: By signing this Agreement you certify that you are not a member of the military or the spouse/dependent of a military member. Specifically, you certify that you are not, and you are not the spouse or dependent of a regular reserve member of the Army, Navy, Marine Corps, Air Force or Coast Guard, serving on active due under a call or order that does not specify a period of 30 days or fewer, or servicing on Active Guard or Reserve Duty. (Dependents include the member's spouse, child under the age of 18 years old or an individual for whom the member provided more than one half of their financial support for 180 days preceding the date of this Agreement).

TRIBAL HOTLINE: If you have already contacted Customer Service in an attempt to resolve an issue or concern and still need additional assistance, please contact the Tribal Hotline at 855-227-8301 between the hours of 9:00 am to 5:00 pm pacific.

TRIBAL DISPUTE RESOLUTION PROCEDURE PROVISION

As an accommodation to consumers, the Tribe has established a Tribal Dispute Resolution Procedure (the “Tribal Dispute Resolution Procedure”) to review and consider any and all types of complaints made by or on behalf of our consumers relating to or arising from the Loan Agreement. You may request a copy of the Tribal Consumer Financial Services Regulatory Ordinance by written request mailed along with a self-addressed postage paid return envelope to Tribal Consumer Financial Services Regulatory Ordinance Request, Attn: Regulatory Agent, P.O. Box 632, Finley, California 95435. The Tribe and Enterprise intend and require, to the extent permitted by law, for any complaint lodged, filed, or otherwise submitted by you or on your behalf to follow the Procedure. Under the Procedure, a consumer who, in the course of his or her otherwise lawful and proper use of Enterprise’s business, has concerns about the operation of any part of Enterprise or who otherwise believes himself or herself to be aggrieved by some aspect of the operation of any part of Enterprise’s business, shall direct his or her concerns or dispute in the first instance to Enterprise management, either orally or in writing. A person’s complaint to the Enterprise 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 for a petitioner. In the event that the consumer is dissatisfied with Enterprise’s initial determination, he or she may request review of Enterprise’s initial determination by submitting such request in writing to the Tribal Consumer Financial Services Regulatory Authority (“Authority”), P.O. Box 632, Finley, California 95435, no later than ten (10) days after receiving Enterprise’s initial determination. You will have the opportunity to be heard regarding the dispute, in person or through telephonic conference. You may be represented by legal counsel at your own expense. A consumer may then appeal an Authority opinion by submitting such request in writing to the Tribal Business Committee within twenty (20) days of receiving the Authority’s final written decision. Any decision of the Tribal Business Committee on appeal shall be final and not subject to further appeal. Any determination by or on behalf of the Tribe or Tribal Consumer Financial Services Regulatory Authority, whether procedural or substantive, shall be made by the Tribe in its sovereign discretion.

WAIVER OF JURY TRIAL: The Tribal Dispute Resolution Procedure has been created by the Tribe and the Enterprise as a courtesy to consumers and is the sole and exclusive dispute resolution mechanism for disputes and claims arising under this Agreement.

THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:

1. 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 Tribal Dispute Resolution 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 Loan Agreement, the information you gave us before entering into this Loan Agreement, including the customer information application, and/or any past Loan 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, declaratory, 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.

2. You acknowledge and agree that by agreeing to this Waiver of Jury Trial 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.

3. All disputes including any Representative Claims against us and/or related third parties shall be resolved by the TRIBAL DISPUTE RESOLUTION PROCEDURE     only on an individual basis with you as provided for pursuant to Tribal law. THEREFORE, NO LITIGATION OR ARBITRATION IS AVAILABLE AND NO JUDGE OR ARBITRATOR SHALL CONDUCT CLASS PROCEEDINGS; THAT IS, YOU SHALL BE INELIGIBLE TO SERVE AS A CLASS ACTION REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN LITIGATION OR ARBITRATION.

4. All disputes arising out of, relating to, or in connection with this Agreement shall be finally settled under the Tribal Dispute Resolution Procedure.

5. This Tribal Dispute Resolution Procedure is binding upon and benefits you, your respective heirs, successors and assigns. This Tribal Dispute Resolution Procedure is binding upon and benefits the Tribe, us, our successors and assigns, and related third parties. This Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Tribal Dispute Resolution Procedure survives any cancellation, 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.


Your right to file suit against us for any claim or dispute arising from or relating to this Agreement is limited by the WAIVER OF JURY TRIAL AND THE TRIBAL DISPUTE RESOLUTION PROCEDURE provisions.

THIS TRIBAL DISPUTE RESOLUTION PROCEDURE PROVISION MEANS THAT:

  • YOUR RIGHT TO FILE SUIT AGAINST US FOR ANY CLAIM OR DISPUTE REGARDING THIS AGREEMENT IS LIMITED BY THIS PROVISION AND SOVEREIGN IMMUNITY.
  • YOU ARE AGREEING THAT ONLY TRIBAL LAW AND APPLICABLE FEDERAL LAW APPLY TO THIS AGREEMENT, AND YOU ARE GIVING UP ADDITIONAL PROTECTIONS THAT MAY APPLY TO LOANS MADE IN YOUR RESIDENT STATE.
  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES.
  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
  • 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 OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES.

CONSENT TO ELECTRONIC COMMUNICATIONS

The following terms and conditions govern electronic communications in connection with this Loan Agreement and the transaction evidenced by this Loan Agreement (this “Consent”). By electronically signing this Loan 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 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 Loan 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 or by posting the information at our web site, www.creditcube.com.

•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 www.creditcube.com, writing to us at support@creditcube.com, or by calling us at 888-885-5646. 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 Loan 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 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.

CONSENT TO RECEIVE TEXT MESSAGES

•As used in this text consent, "Text Message" means any text messaging communication from us to you pertaining to your loan, including but not limited to payment information, account information, due dates, delinquent accounts, and program updates relating to your loan, but excluding advertising or telemarketing Text Messages. All Text Messages from us in electronic format to you will be considered "in writing."

•How To Unsubscribe: You may withdraw your consent to receive Text Messages by calling us at 888-885-5646 or emailing us at support@creditcube.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 Text Messages. We will not impose any fee upon you to process the withdrawal of your consent to receive Text Messages. Any withdrawal of your consent to 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, contact us by telephone at 888-885-5646.

•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, cost 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, regulation or ordinance relating to Text Messages. Your obligation under this paragraph shall survive termination of this Loan 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.


CONSENT TO RECEIVE ADVERTISING OR TELEMARKETING TEXT MESSAGES AND TELEPHONE CALLS

By signing this section, 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.

You signing this section will be deemed to be your signature acknowledging your consent to receive advertising and telemarketing Text Messages and telephone calls as described above to your mobile phone at 571-247-3438.

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 marketing Text Messages or marketing calls to the mobile number provided by calling us at 888-885-5646 or emailing us at support@creditcube.com

You understand that: any 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 Text Messages that we send you, and you agree that we shall have no liability for the cost of any Text Messages.


SIGNATURE AND ACCEPTANCE OF ALL TERMS AND CONDITIONS


BY ENTERING YOUR NAME AND CLICKING THE "I AGREE" BUTTON BELOW, YOU ARE ELECTRONICALLY SIGNING THIS LOAN AGREEMENT AND AGREEING TO ALL THE TERMS OF THIS LOAN AGREEMENT INCLUDING:

  • TRIBAL DISPUTE RESOLUTION PROCEDURES PROVISION
  • CONSENT TO ELECTRONIC COMMUNICATIONS
  • CONSENT TO RECEIVE TEXT MESSAGES


YOU ALSO ACKNOWLEDGE YOUR ABILITY TO DOWNLOAD OR PRINT A FULLY COMPLETED COPY OF THIS LOAN AGREEMENT FOR YOUR RECORDS.

[I AGREE]
Date: 6/30/2020

David Ellis (IP: 2600:1700:7c0:aed1:b9d1:7c0f:3a0e:5295) 
Please type your name above

DISBURSEMENT AND PAYMENT CHOICE AUTHORIZATION for Credit Cube

Loan #: 3868019


ELECTRONIC FUNDS TRANSFER ELECTION
REVIEW VERY CAREFULLY BEFORE EXECUTING THE LOAN AGREEMENT

DISBURSEMENT AND PAYMENT CHOICE AUTHORIZATION

By electronically signing this Disbursement and Payment Choice Authorization below, you voluntarily authorize us to initiate disbursement credits and payment debits you have authorized, This Disbursement and Payment Choice Authorization is a part of and relates to the Loan Agreement dated 07/02/2020 (the "Loan Agreement"). The words "you" and "your" mean the borrower who has electronically signed this Disbursement and Payment Choice Authorization. The words "we", "us" and "our" mean Credit Cube 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")

Bank Name:

Bank Information

Transit ABA Number:

*******0017

Deposit Account Number:

*******8868

We will make these disbursement credits as you authorize below, and by using any commercially available method we choose, such as (but not limited to) Automated Clearing House (ACH) entries, wire transfers, or transactions through your debit card accessing Your Bank Account. As a data security measure, you will separately provide us with your debit card information.

Your Payment Choice (check applicable boxes):

Payments You will Make Directly. You agree to make your payments by cashier's check, money order or bill pay service through your bank, that we receive no later than your payment due date to:


Credit Cube
P.O. Box 133
Finley, CA 95435

•Automatic Payment From Your Bank Account via ACH

•Automatic Payment From Your Bank Account via Debit Card

You authorize us to process payment debit entries out of Your Bank Account as elected by You in this Loan Agreement through ACH or debit card. You specifically authorize us to use the selected methods to process debit entries from Your Bank Account for your scheduled payments in your payment schedule below plus any late charges, returned payment fees. You authorize us to re-initiate any ACH up to two additional times for the same amount if the ACH is dishonored. You authorize us to utilize debit entries or Remotely Created Check transactions from Your Bank Account pursuant to the Loan Agreement and in accordance with the payment schedule below.

Number of Payments
Payment Due
Payment Date

1
$136.77
07/15/2020

2
$136.77
07/31/2020

3
$136.77
08/14/2020

4
$136.77
08/31/2020

5
$136.77
09/15/2020

6
$136.78
09/30/2020

You agree that this Disbursement and Payment Choice Authorization will remain in effect until your loan, including principal, finance charges and other charges, is paid in full. However, you may revoke the above authorization by contacting us directly at 888-885-5646 or


BY TYPING YOUR NAME AND CLICKING THE “I AGREE” BUTTON BELOW, YOU ARE ELECTRONICALLY SIGNING THIS DISBURSEMENT AND PAYMENT CHOICE AUTHORIZATION AND AGREEING TO ALL THE TERMS OF THIS AUTHORIZATION.

If you are in default, you authorize us to process a one-time automatic debit entry to your Bank Account in the amount of the entire outstanding balance, including any fees, under this Agreement. You agree that we will initiate the single electronic debit entry only in the event of default, only for the outstanding amount owing at the time of acceleration, and within a reasonable time after default. You authorize us to re-initiate the debit entry up to two additional times if the debit entry is returned unpaid.You agree that this Disbursement and Payment Choice Authorization will remain in effect until your loan, including principal, finance charges and other charges, is paid in full. However, you may revoke the above authorization by contacting us directly at 888-885-5646 or support@creditcube.com . If you revoke your authorization, you agree to make payments directly to us as explained above.

You authorize us to process payment debit entries out of Your Bank Account as elected by You in this Loan Agreement through ACH or debit card. You specifically authorize us to use the selected methods to process debit entries from Your Bank Account for your scheduled payments in your payment schedule below plus any late charges, returned payment fees. You authorize us to re-initiate any ACH up to two additional times for the same amount if the ACH is dishonored. You authorize us to utilize debit entries or Remotely Created Check transactions from Your Bank Account pursuant to the Loan Agreement and in accordance with the payment schedule below.


YOU ALSO ACKNOWLEDGE YOUR ABILITY TO DOWNLOAD OR PRINT A FULLY COMPLETED COPY OF THIS DISBURSEMENT AND PAYMENT CHOICE AUTHORIZATION FOR YOUR RECORDS.


[I AGREE]
Date: 6/30/2020

IP ADDRESS
2600:1700:7c0:aed1:b9d1:7c0f:3a0e:5295
Please type your name above

David Ellis (IP: 2600:1700:7c0:aed1:b9d1:7c0f:3a0e:5295) 

Privacy Policy

Rev. [4/17/17]


WHAT DOES CREDIT CUBE DO WITH YOUR PERSONAL INFORMATION?

Why?

Financial companies choose how they share your personal information. Consumers have the right to limit some but not all sharing. This notice tells you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and checking account information
  • Payment history and income
  • Employment information and wire transfer instructions

How?

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 customers’ personal information; the reason Credit Cube chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information

Does Credit Cube share?

Can you limit this sharing?

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

Yes
No

For our marketing purposes – to offer our products and services to you

Yes
No

For joint marketing with other financial companies

No
We Do Not Share

For our affiliates’ everyday business purposes – information about your transactions and experiences

Yes
No

For our affiliates’ everyday business purposes – information about your creditworthiness

Yes
Yes

For our affiliates to market to you

Yes
Yes

For nonaffiliates to market to you

Yes
Yes

To limit our sharing

  • Call 1-888-885-5646 – our menu will prompt you through your choices or
  • Visit us on the web at www.creditcube.com
  • Contact us via email at support@creditcube.com

Please note:

If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we can share your information as described in this notice.

However, you can contact us at any time to limit our sharing.

Questions?
Call 1-888-885-5646 or go to www.creditcube.com
Who we are

Who is providing this notice?

Credit Cube, a business wholly-owned by the Big Valley Band of Pomo Indians of the Big Valley Rancheria, is providing this privacy policy.

What we do

How does Credit Cube protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures. These measures include computer safeguards and secured files and buildings.

How does Credit Cube collect my personal information?

We collect your personal information, for example, when you

  • Apply for a loan
  • Give us your income information
  • Tell us where to send the money
  • Provide account information
  • Provide employment information

We also collect your personal information from others, such as credit bureaus, affiliates or other companies.

Why can't I limit all sharing?

You have the right to limit only

  • sharing for affiliates’ everyday business purposes – information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

What happens when I limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Our affiliates include other business entities of the Big Valley Band of Pomo Indians of the Big Valley Rancheria

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Credit Cube does not jointly market.