Effective Date: 01/01/2020
By clicking the “Submit” button, each of the above-listed business and business owner/officer (individually and collectively, “you”) authorize Crestmont Capital LLC . and each of its representatives, successors, assigns and designees (“Recipients”) that may be involved with or acquire commercial loans having daily repayment features or purchases of future receivables including Merchant Cash Advance transactions, including without limitation the application therefor (collectively, “Transactions”) to obtain consumer and/or personal, business and investigative reports and other information about you, including credit card processor statements and bank statements, from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, and from other credit bureaus, banks, creditors and other third parties. You also authorize Crestmont Capital LLC to transmit this application form, with any of the foregoing information obtained in connection with this application, to any or all of the Recipients for the foregoing purposes. You also consent to the release, by any creditor or financial institution, of any information relating to any of you, to Crestmont Capital LLC and to each of the Recipients, on its own behalf. I am providing my business cell phone and business e-mail address and hereby consent to the receipt of correspondence/messages regarding transactions with Crestmont Capital LLC and/or its affiliates on either medium. You also understand and accept that electronic signatures and records are just as good as their paper equivalents, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents. You also agree to receive legal disclosures electronically to any email address provided by yourself.
This application submitted electronically shall have the same force and effect as if the application bore an inked original signature(s). The above information, together with any accompanying financial statements, schedules, or other materials, is submitted for the purpose of obtaining credit and is warranted to be true, correct, and complete. The undersigned hereby warrants that any individual identified above who is either a principal, a personal guarantor, or a sole proprietor of the credit applicant, recognizing that his/her individual credit history may be a factor in the evaluation of the credit history of the applicant, has provided his/her written authorization for inquiry into their credit worthiness, including but not limited to obtaining a consumer credit report, and shall hold Crestmont Capital LLC and its assignees harmless from same.
Crestmont Capital LLC is hereby authorized to investigate (directly or through an agent or nominee) your/their credit and financial responsibility. You understand that such investigation may include seeking information as to the background, credit, and financial responsibility of your officers and principals (or any of them).
The Merchant and Owner(s)/Officer(s) identified above (individually, an “Applicant”) each represents, acknowledges and agrees that (1) all information and documents provided to Crestmont Capital LLC (“Company”) including credit card processor statements are true, accurate and complete, (2) Applicant will immediately notify Company of any change in such information or financial condition, (3) Applicant authorizes Company to disclose all information and documents that Company may obtain including credit reports to other persons or entities (collectively, “Assignees”) that may be involved with or acquire commercial loans having daily repayment features or purchases of future receivables including Merchant Cash Advance transactions, including without limitation the application therefore (collectively, “Transactions”) and each assignee is authorized to use such information and documents and share such information and documents with other Assignees, in connection with potential Transactions, (4) Each Assignee will rely upon the accuracy and completeness of such information and documents (5) Company, Assignees, and each of their representatives, successors, assigns and designees (collectively, “Recipients”) are authorized to request and receive any investigative reports, credit reports, statements from creditors or financial institutions, verification of information, or any other information that a recipient deems necessary, (6) Applicant waives and releases any claims against Recipients and any information providers arising from any act or omission relating to the requesting, receiving or release of information, and (7) Each Owner/Officer represents that he or she is authorized to sign this form on behalf of Merchant.
Name (Principal #1 Electronic Signature) Date Name (Principal #2 Electronic Signature) Date
In accordance with the USA Patriot Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity opening an account. This includes all personal and commercial accounts including loan and deposit accounts, as well as trust, brokerage, insurance and investment management accounts. When you apply for credit, you will be asked for your name, address, social security or tax identification number, date of birth (if applicable) and other information that will allow Crestmont Capital LLC to identify you. You may also be asked to furnish your driver's license or other identifying documents. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided the applicant has the capacity to enter into the binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. If for any reason your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please write to: Crestmont Capital LLC, 400 Spectrum Center Dr. Suite 330 Irvine, CA 92618
By clicking "Submit" and including your cellular telephone number in this application, you hereby agree that you may receive occasional SMS text messages from us regarding the status of your account, eligibility for renewal or promotions offered by us and our affiliates. At any time, you may Opt Out of future SMS text messages by the following: 1. Reply "Stop" (messaging rates may apply); Email firstname.lastname@example.org and specify that you would like to opt out; Call toll-free 1-800-949-0401; toll-free fax your request to receive no further SMS text messages to 1-800-949-0401. By clicking "Submit" and including your email address in this application you hereby agree that you may receive occasional electronic mail messages ("email") from us regarding the status of your account, eligibility for renewal or promotions offered by us and our affiliates. At any time you may Opt Out of future email by the following: 1. Click the "Unsubscribe" link at the bottom or our electronic mail message; Reply to the email with "Unsubscribe" in the subject line; Email email@example.com and specify that you would like to opt out; Call toll-free 1-800-949-0401; toll-free fax your request to receive no further emails to 1- 949-266-5935. You may also mail your request to opt-out of both SMS messages and emails to: Crestmont Capital LLC, 400 Spectrum Center Dr. Suite 330 Irvine, CA 92618.
E-Sign Consent Agreement
By clicking the check box next to the E-Sign Consent Agreement, you are accepting all of the following terms and conditions relating to Crestmont Capital LLC’s (the “Company”), electronic notification/communications policy and the Company's electronic consent and contract binding policy. Please read the information below carefully and thoroughly.
YOU AGREE TO ELECTRONIC CONTRACT BINDING
You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding. You understand and acknowledge that the federal Electronic Signatures in Global and National Commerce Act defines an "electronic signature" as an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.
YOU AGREE TO ELECTRONIC COMMUNICATIONS
You hereby agree that the Company may provide any communication or notification to you electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or internal Company policy. You also consent to allow the Company to respond to any inquiries or communications by e-mail, fax or other electronic means regardless of the format of the original inquiry. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. Pursuant to law and regulations, you agree and acknowledge that all electronic communications delivered to you by Company (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a "writing" or "in writing" and (iii) shall be deemed for all purposes to have been "signed" and to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by Company shall be deemed valid and admissible originals.
YOU UNDERSTAND THE DISCLOSURES ABOUT CHANGING YOUR CONSENT
If you elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with you and delivering services to you. Nonetheless, you may change your consent at any time. Your consent to electronic communications and E-signing may also be withdrawn at any time by providing us with written notice that has been notarized and sent to the address below. Notwithstanding your change of consent, any electronic communications provided or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.
Your correspondence must contain in the body of such request your e-mail address, full name, US Postal address, and telephone number. After your withdrawal of consent has been received and processed by, all subsequent notifications and communications will be sent by regular mail to the last known address on file with . You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. Additionally, you will have the ability to download and print certain documents through the Company Online system.
YOU ACKNOWLEDGE AND CONFIRM YOUR CONSENT
If you consent to receiving notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the check box next to "E-Sign Consent Agreement" on the previous page. By clicking the check box, you acknowledge and confirm that (1) you can access and read this E-SIGN CONSENT AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify the Company as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by the Company during the course of your relationship with the Company.