- Applicant and each shareholder, partner and member of Applicant (each an “Owner”) each consents to, and expressly authorizes the collection, disclosure and use of account and/or personal information from any source by Xtreme Financial Services and/or its affiliates, agents, designees and assigns, as required in connection with the credit applied for and any renewal or extension thereof, and to the disclosure and use of information concerning Applicant and/or such Owner to any business or personal credit reporting agency or to any person or entity with whom Applicant has or proposes to have financial relations. All such information shall be collected, disclosed and used in accordance with applicable laws and Xtreme Financial Services’s Privacy Policy, a copy of which is available at www.xfsinc.com. Applicant and each Owner further consents to the disclosure of such information to any third party, at any time before or after credit may be extended, where such disclosure is necessary for the purposes of credit approval, collection, account maintenance, credit monitoring, invoicing, and/or delivery of, or the provision or solicitation of, financing from or through Xtreme Financial Services and/or its affiliates, agents, designees and assigns.
- Applicant and each Owner each agrees that a credit report bearing on Applicant's and/or such Owner’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or way of living may be requested in connection with this Application and future requests for credit. Upon Applicant's and/or such Owner's request, the financial institution and/or entity to which this Application is submitted will advise Applicant and/or such Owner, as applicable, whether a credit report was requested and, if such a report was requested, of the name and address of the credit reporting agency that furnished the report. Applicant and/or such Owner each consents to Xtreme Financial Services and each financial institution to which this Application is submitted, and/or any entity extending credit pursuant to this Application and such entity’s affiliates, agents, designees and/or assigns, obtaining a credit report for the purposes of evaluating this Application, and to obtaining subsequent credit reports, in connection with this transaction, for the purpose of reviewing the account, taking collection action on the account, and/or for any other legitimate purpose associated with the account.
- Applicant acknowledges and agrees that: (a) this is an application for credit; (b) Xtreme Financial Services and its affiliates, agents, designees and assigns each has a legitimate business interest in obtaining the information provided by Applicant in this Application (as the same shall be updated by Applicant from time to time, the “Information”); (c) any decision made by Xtreme Financial Services and its affiliates, agents, designees and/or assigns shall be made by it and/or them in its and/or their sole and absolute discretion; (d) Xtreme Financial Services and its affiliates, agents, designees and assigns will rely upon the Information in determining whether to extend financing to Applicant; (e) it has an on-going affirmative duty to update the Information; and (f) Xtreme Financial Services and its affiliates, agents, designees and/or assigns may decide against extending credit to Applicant.
- By submitting this Application, Applicant represents, warrants and covenants that: (a) the Information is, and shall continue to be, accurate, complete and truthful; (b) it will promptly notify Xtreme Financial Services of any change to the Information or the financial status of Applicant; (c) it will provide Xtreme Financial Services with current financial statements as and when requested by Xtreme Financial Services; (d) it is not insolvent; (e) this Application is submitted in connection with financing solely for business or commercial purposes and not for personal, family or household purposes even if an individual’s creditworthiness alone is the basis for establishing eligibility for financing; and (f) it shall act in good faith to execute and deliver any and all such further documents and instruments as Xtreme Financial Services and/or its affiliates, agents, designees and assigns may reasonably request. Applicant agrees to pay any and all costs, expenses and fees (including legal fees and/or amounts paid to collection agencies) incurred by Xtreme Financial Services and/or its affiliates, agents, designees and/or assigns in enforcing this Application and/or in pursuing or collecting any amounts due Xtreme Financial Services and/or its affiliates, agents, designees and/or assigns, including interest charges.
- This Application shall be governed and construed according to the laws of the State of Nevada and Applicant hereby submits to the exclusive jurisdiction of the courts of the State of Nevada and waives application of any foreign law relating to this Application.
- Applicant acknowledges that Xtreme Financial Services, its affiliates, agents, designees and/or assigns: (a) have not represented that the terms of this financing are more or less favorable than other available financing; (b) is not Applicant’s agent in obtaining financing; and (c) may be compensated for arranging financing.
- IMPORTANT INFORMATION ABOUT ESTABLISHING A RELATIONSHIP WITH XTREME FINANCIAL SERVICES AND/OR ITS AFFILIATES, AGENTS, DESIGNEES AND/OR ASSIGNS. To help the U.S. government fight terrorism and money laundering, federal law requires Xtreme Financial Services to obtain, verify and record information that identifies each person or business that opens an account or establishes a relationship. When you open an account or establish a relationship, Xtreme Financial Services will ask for your name, street address, date of birth, and identification number, such as a social security number or taxpayer identification number. For businesses, Xtreme Financial Services will ask for the business name, street address and tax identification number. Federal law requires Xtreme Financial Services to obtain this information. Xtreme Financial Services may also ask to see your driver license or other identifying documents that allow Xtreme Financial Services to identify you.
- This Application may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single document. Delivery of an executed counterpart of a signature page of this Application by fax or email shall be effective as delivery of a manually-executed counterpart of this Application.
- EQUAL CREDIT OPPORTUNITY ACT (“ECOA”) NOTICE. If this Application is denied, Applicant has the right to a written statement of the specific reasons for the denial. To obtain the statement, Applicant may contact Xtreme Financial Services's ECOA Compliance Representative at 1401 Mineral Avenue, Las Vegas, NV 89106 or (702) 636-9336, within 60 days from the date Applicant is notified of the denial. Within 30 days of Xtreme Financial Services’s receipt of the request, Xtreme Financial Services and/or agent, designee, assigns or respective financial institution will send Applicant a written statement specifying the reasons for the denial. The ECOA prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of Applicant’s income derives from any public assistance program; or because Applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.