Revised March 23, 2023
E-CONSENT AGREEMENT Consent to do Business Electronically with Electronic Signatures, Disclosures, and Records(“E-Consent”)
Please read this information carefully and print a copy and/or retain this information electronically for future reference. This E-Consent contains information about doing business with us electronically and about certain rights and options you may have.
The Yendo Credit Card for vehicle owners is offered by Cross River Bank, member FDIC, with principal offices at 400 Kelby Street, Fort Lee, New Jersey 07024 and Yendo Inc. a fintech company with a principal office located at 3309 Elm Street #340, Dallas, Texas 75226 serving as the Bank’s Program Manager for the Yendo Credit Card.
Introduction. For purposes of this E-Consent, the word “Bank” means Cross River Bank, member FDIC, and its successors and assigns. The word “Yendo” means YendoInc. and its successors and assigns. The words “you” and “your” mean the person using the Yendo App to apply for the Yendo Credit Card and accepting and agreeing to this E-Consent. The words “we,” “us,” and “our” mean Cross River Bank, and its successors and assigns and Yendo Inc. and its successors and assigns. To provide these services, we need your consent to using and accepting electronic signatures, disclosures and records by accepting the terms of the E-Consent. This E-Consent notifies you of your rights when receiving electronic disclosures, notices and information from us including all legal, regulatory, and contractual documents necessary to do business with us (“Records”). The types of Records may include various types of legal notices, including but not limited to: credit applications, privacy notices, initial disclosure statements, loan agreement, periodic statements, and other information. In order to proceed with the application process, you must consent to electronic delivery of information and disclosures. If you do not want to consent to electronic delivery of information/disclosures, you will not be able to proceed with the application process.
Program Offered Online. The Bank’s Program to offer and administer the Yendo Credit Card focuses on web-based efficiencies. Therefore, to apply for the Yendo Credit Card, persons must use the Yendo App or the Yendo website and there is no nonelectronic application process (e.g., paper or by telephone).
Scope of Consent. This E-Consent applies to all online interactions concerning you and us, and includes those interactions engaged in on any computer, electronic device, mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, we will process your information and interact during all online interactions with you electronically. We will send you various documents electronically related to your interactions and transactions with us, including but not limited to:
- This E-Consent and any amendments to this E-Consent
- USA PATRIOT Act Notice
- Application status notices, including updates and requests for application documentation
- Approval or denial notices such as an adverse action notice
- Secured Card Agreement offered by Bank and administered by Yendo as Program Manager
- Periodic statements
- Information and disclosures required by certain federal or state laws and regulations, such as Electronic Fund Transfer Act, Truth In Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Gramm Leach Bliley Act,
- Changes in terms
- AutoPay Authorization
We reserve the right to send various documents, including disclosures, notices and other information to you in paper form, but doing so will not negate your consent herein or require us to send paper documents at any other time in the future.
Requirements for Consenting to Do Business Electronically. Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described herein. However, given that you have access to this and other documents, application, forms, and pages via the Internet, it is likely that you are already using the necessary hardware and software needed to meet the access requirements. To do business electronically including accessing and retaining the Records electronically, you must have an active email account. You will need to use an electronic device, such as computer, notebook, mobile device, including phones, smart-phones, tablets or compatible device capable of accessing the Internet and an Internet Browser software program such as Mozilla Firefox®, Google Chrome®, or Apple Safari®. Your internet browser software must be able to use 256-bit encryption to enable Secure Sockets Layer (SSL) Adobe® Acrobat Reader® 4.0 or higher (or another program providing similar functionality) is required to open and/or save a portable document format (PDF). You will need a connection to the Internet such as connection via an Internet Service Provider (“ISP”) or public access. You may incur Internet-related costs in connection with electronic delivery, such as the costs charged to you by your Internet Service Provider and local telephone companies for the time you spend on the Internet or the costs associated with printing email notifications and Records. To access some Records, you may need a PDF reader. To confirm that you can access a document in a PDF format, please click here. If you cannot access the document, you need to obtain the necessary Adobe software that can be downloaded at no cost on Adobe’s website at this link.
If these requirements change while you are maintaining an active relationship with us, and the change creates a material risk that you may not be able to receive Records electronically, we will notify you of these changes. Email notifications and Records may be made available in either HTML (regular Web hypertext) or Portable Document Format PDF format. Records may be viewed electronically via the Web. You may also print Records with a local printer. Records may be saved by downloading and saving the Record on your device in the way you would any other file from the Internet. You will need sufficient electronic storage capacity on your device or other data storage unit, in order to download and save Records. To print Records, you will need a printer that is capable of printing from your browser, your email or other applicable software application, or your hard drive or other data storage unit, in order to print paper copies of Records. You also need an email account. You may send us your written questions regarding the hardware and software requirements by email to Yendo at email@example.com or by mail to Yendo at: 3309 Elm Street, #340 Dallas, Texas 75226.
Telephone Communications . By giving us your phone number above, you agree you have ownership rights or permission to use the number given to us agree and that we may contact you using any technology or methods of our choice. This includes using an automated telephone dialing system or other similar system to contact you by text message, device-level notification, or other electronic notification method supported by the software you use to access your Account. The automated system may involve the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail. We may use any telephone numbers (including wireless, landline and voice over IP numbers) that you give to us. You understand and agree that anyone with access to your telephone, may listen to or read the messages that we leave or send you. Please note that any account servicing text messages you receive from us may involve reminders to complete the application process, payment reminders, etc. The number of messages will vary by account.
Text Messaging Services Include both Account Servicing Text Messages and Optional Marketing Text
Receiving text messages is a service we offer without charge from us to you. Please note that the text messaging services we offer that allow customers to receive both 1) Account Servicing Text Messages, and 2) Optional Marketing Text Messages.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT REQUIRE YOU TO AGREE TO RECEIVE MARKETING TEXT MESSAGES FROM US TO YOUR PHONE AS A CONDITION OF OBTAINING THE YENDO CREDIT CARD. You can electronically sign the Yendo Cardholder Agreement to receive the Yendo Credit Card, even if you have notified us that you choose to cancel all text messaging services. Even after receiving the Yendo Credit Card, you may choose to cancel Optional Marketing Text messaging services and such cancellation will not affect your Yendo Credit Card.
Process to Cancel Text Messaging Services.
After signing this Consent, we will send you an initial Account Servicing Text Message to your phone. If you do NOT want to receive Optional Marketing Text Messages relating to your account, then reply “Stop” to this initial text message. You may reply “Stop” to the initial text message at any time, including before you electronically sign the Yendo Cardholder Agreement to receive the Yendo Credit Card. You may also reply “Stop” to any subsequent text message. Replying “Stop” to this initial text message or any subsequent text messages has no effect on whether you will receive the Yendo Credit Card or whether you can continue to use the Yendo Credit Card. An opt-out confirmation message will be sent back to you. After replying “Stop,” and we will no longer send you Optional Marketing Text Messages.
To request support email us at firstname.lastname@example.org or call us at 1-888-532-0770.
If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages.
Wireless carriers are not liable for undelivered or delayed messages.
Revocation of Consent for Text Messaging Services
You may revoke consent to receive text messaging services at any time by either following the instructions above for canceling text messaging services or email to Yendo at email@example.com or by mail to Yendo at: 3309 Elm Street, #340 Dallas, Texas 75226. Your revocation of consent must include your name, e-mail, address, and telephone number
Email Address with another person and such person accesses communications we send you, you will instruct such person to promptly show you the electronic communications sent. by us. Except as required by law, you agree that we have not obligation to re-send, retransmit, or otherwise deliver to you any electronic communication that we have electronically transmitted to the Servicing Email Address.
Withdrawing Consent. You are free to withdraw this E-Consent at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, this may prevent you from obtaining credit from the Bank, and you agree to allow us to maintain your email address for the purpose of forwarding any required decision and notice. If at any time you wish to withdraw this E-Consent, you may send us your request by calling us at 1-888-532-0770 email to at firstname.lastname@example.org, or by mail to Yendo at: 3309 Elm Street, #340 Dallas, Texas 75226, with the details of such request. You will need to provide your full name, resident address, email address, and phone number associated with your application or account.
Any withdrawal of your consent to receive electronic communications will be effective only after we have had a reasonable period in which to process your withdrawal request, up to 30 days. If you choose to withdraw consent, the option to electronically download documents and records from the website shall remain. If you decide to withdraw this E-Consent, the withdrawal will not affect the legal effectiveness, validity, and enforceability of prior electronic Records.
Updating Your Contact Information. You agree to maintain a true, accurate, valid, active, and complete email address. You agree to notify us in the event that your telephone number changes, is discontinued, or is disconnected from service. You also agree that it is your responsibility to notify us of any change in your residence address, phone number, or email address. To update your contact information, please call us at 1-888-532-0770 or log on to your account and follow the procedures indicated in your account settings. You may also send us your written update by contacting Customer Service at 1-888-532-0770, by email at email@example.com or by mail to Yendo at: 3309 Elm Street, #340 Dallas, Texas 75226.
Other important terms and conditions. You further agree that we may assign and agree this E-Consent to any person without your consent. You may not assign or transfer this E-Consent and that any attempt to assign or transfer this E-Consent by you shall be null and void. This E-Consent shall be construed according to federal law, including the Electronic Signatures in Global and National Commerce Act (the “Act”).
Amendments and Modifications. We reserve the right, in our sole discretion, to discontinue the use of electronic Records in connection with any service or to terminate or change the terms and conditions regarding the use and exchange of Records as provided in this E-Consent (including changing the hardware and software requirements), or otherwise to amend this E-Consent. We also reserve the right to require you to re-accept any amended version of this E-Consent as a condition for continuing to do business with us electronically. If changes are material or affect your ACTIVE 686133418v1ability to access your account information, we will notify you by electronic or other means.
Arbitration Clause and Waiver of Jury Trial Provision. Arbitration is a way to use a neutral arbitrator to resolve disputes. The term “disputes” has the broadest possible meaning. The arbitrator can grant relief like a court. Unlike court, there is no jury, and there is no class action litigation. The arbitrator’s award is binding and subject to limited appeals under applicable law. Courts rarely overturn arbitration awards. You don’t have to arbitrate all types of disputes. You can litigate individually in a court of limited jurisdiction that does not allow for class action claims, such as small claims court (“Small Claims Tribunal”), or you can opt-out of this provision. By signing, you agree that arbitration shall resolve all disputes with us that can’t be resolved in a Small Claims Tribunal. All parties can seek relief in a Small Claims Tribunal for disputes within the scope of its jurisdiction. Any appeal of a judgment from a Small Claims Tribunal shall be resolved by binding arbitration. YOU WAIVE YOUR RIGHT TO HAVE A JURY TRIAL TO RESOLVE DISPUTES. The Federal Arbitration Act governs this arbitration provision. If any party has a dispute, they must notify the other in writing. You can select the organization administering the arbitration from these two choices: The American Arbitration Association www.adr.org or JAMS www.jamsadr.org. We will advance the arbitration expenses. You pay your attorneys’ fees, if any, unless the arbitrator otherwise orders. The arbitrator can’t conduct class arbitration. The arbitrator must follow applicable law. If a hearing is needed, it will be held in a reasonable location, such as the county where you live. You can opt out of arbitration by writing to us within 60 calendar days of signing this E-Consent at: Yendo, 3309 Elm Street, #340, Dallas, Texas 75226, and state that you want to opt-out.
Grant of Consent
You agree that you have read this E-Consent, and you confirm that you agree to all of the terms and conditions contained herein. You consent to using and accepting electronic signatures, disclosures and records with as set forth in this E-Consent. You further represent and warrant that:
(1) the electronic device(s) you use to receive and access electronic communications meet the requirements set forth herein;
(2) you have the ability to access a PDF document using such electronic device; and
(3) you have provided us with a valid Servicing Email Address
A link to this E-Consent is also available for download or printing at https://www.yendo.com