Consumer Lease Agreement

THIS IS A LEASE TRANSACTION. YOU ARE NOT BUYING THE PROPERTY.

NUMBER: T X-102694-9QG2BBT-2019923853594
DATE: 9/12/2019 11:08:53 PM
 

Lessor:
TEMPOE, LLC
720 E Pete Rose Way, Suite 400
Cincinnati, OH 45202
Telephone: 1.844.483.6763
Lessee: Royy Chriss
Address: 19750 IH-45 N Spring, TX, 77373
Telephone Number: 8167038946
Email: fekadesilassie7@gmail.com

PLEASE READ THIS: THIS CONSUMER LEASE AGREEMENT (“LEASE”) CONTAINS TERMS THAT MAY LIMIT YOUR RIGHTS, INCLUDING, BUT NOT LIMITED TO, SECTION 12 (LIABILITY FOR DAMAGE OR LOSS), SECTION 13 (WARRANTIES), SECTION 22 (CLASS AND REPRESENTATIVE ACTION WAIVER), AND SECTION 23 (ARBITRATION).

Federal Consumer Leasing Act Disclosures

Description of Leased Property (the "Property")

Cash Price: $339.98 (plus applicable tax)
Item Description New/Used Price Color Category Brand Additional Information
[ITEM] 2YR In-Home Repair Protection Agreement,new< /td>39.99n/a31 - DIGITAL CAMERAn/a2 - 2 YR
[ITEM] KENMOREnew< /td>299.99n/a5 - KENMORE GAS GRILLSn/a5 - LP GAS

AMOUNT DUE AT LEASE SIGNING OR DELIVERY
A. First Lease Payment-$61.20
B. Sales/Use Tax-$5.05
C. Capitalized Cost Reduction-$0.00
D. Total Due at Lease Signing-$66.25
PERIODIC PAYMENTS*
 
Next payment of $66.25 is due on 10/11/2019 followed by 3 payments of $66.25 due on the 12th day of every month, as outlined on your attached Lease Payment Schedule (each, a "Periodic Payment").
The total of your Periodic Payments, including the First Lease Payment and tax, is $331.25
OTHER CHARGES
(Not part of your periodic payment)
 
None
TOTAL OF PAYMENTS*
 
The amount you will have paid by the end of the Initial Term of the Lease $331.25
 

PURCHASE OPTION AT END OF INITIAL LEASE TERM. You have an option to purchase the Property upon completion of the Initial Term for $186.99 (plus applicable tax). You also have the right to purchase the Property prior to the end of the Initial Term as outlined in Section 4 below.

OTHER IMPORTANT TERMS. See this Lease and other lease documents for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, insurance and any security interest, if applicable.

*The listed amounts include estimated taxes


1. LEASE TERM AND DEFINITIONS. The "Initial Term" of the Lease begins on the date you electronically sign the Lease and ends on 2/8/2020. As used in this Lease, "we", "us", "our" means the Lessor identified above and its successors and assigns, and "you" and "your" means the person signing this Lease as Lessee. The Periodic Payments will be due as outlined in the Section above titled "PERIODIC PAYMENTS." You agree to make all Periodic Payments for the Initial Term unless you decide to terminate the Lease by exercising your Early Purchase Option under Section 4. "Scheduled Payments" means Periodic Payments and any Additional Periodic Payments. Any payments made under this Lease will be applied first to any fees or other charges due and then to any Scheduled Payments.

2.LEASED PROPERTY. You are leasing the Property from us and you understand that all lease payments are made in advance of your use of the Property. You have no ownership interest in the Property unless and until you purchase the Property from us. We are not extending a loan or credit to you and this is not a sale, installment sale, security agreement, credit sale, or financing arrangement. You have no ownership interest in the Property and you cannot obtain ownership of the Property by making lease payments over time. Nor do you acquire any equity interest in the Property by making lease payments. You may NOT sell, assign, sub-lease, pledge or otherwise transfer your rights in this Lease without our prior written consent. We can sell, transfer, or assign this Lease without restriction. If you file for bankruptcy protection under any chapter of the United States Bankruptcy Code, notice of such filing must be delivered to the following address: TEMPOE, LLC, 720 E Pete Rose Way, Suite 400, Cincinnati, OH 45202.

3.YOUR OPTIONS AT END OF INITIAL TERM. At the end of the Initial Term, you can: (1) continue this Lease by retaining the Property, in which case you must make advance Periodic Payments (each, an "Additional Periodic Payment") in the same frequency as during your Initial Term for each period that you choose to retain the Property; (2) purchase the Property as outlined below; or (3) terminate the Lease without penalty by returning the Property to us in good condition, fair wear and tear excepted, and paying all unpaid Periodic Payments and other amounts owed under the Lease.

Continue to Lease: If you elect to continue this Lease beyond the Initial Term, your first Additional Periodic Payment will be due on 1/10/2020. If you choose to continue the Lease, you may terminate it at any time without penalty by returning the Property to us, fair wear and tear excepted, and paying any unpaid amounts owed. No refunds are issued should you return the Property in between Additional Periodic Payment dates.

Purchase the Property: If you elect to purchase the Property after fulfilling the Initial Term, or thereafter, the purchase price will be calculated as follows: Periodic Depreciation:Divide the Cash Price, less Capitalized Cost Reduction, above, by (i) 60 if you elected to make payments monthly or every 28 days, (ii) 120 if you elected to make payments every 14 days, or (iii) 240 if you elected to make payments every 7 days. Total Depreciation:Multiply that amount by the number of Scheduled Payments you have made. Residual Value:Subtract that Total Depreciation amount from the Cash Price, less Capitalized Cost Reduction, to get Residual Value. Purchase Option Price:Multiply the Residual Value by .6 to obtain your Purchase Option Price (plus applicable tax). For example, at the end of the Initial Term, the purchase price would be calculated as follows:

Periodic Depreciation:$339.98/60 [or 120 or 240, depending on elected frequency of payments] = $5.67
Total Depreciation:$5.67 x 5 [or 10 or 20, depending on elected frequency of payments] = $28.33
Residual Value:$339.98 - $28.33 = $311.65
Purchase Option Price:$311.65 x .6 = $186.99 (plus applicable tax)
Return Property and Terminate: If you choose to not continue the Lease beyond the Initial Term and instead choose to return the Property to us, you agree to contact us at 1.844.483.6763 no later than ten (10) days prior to the due date of the Additional Periodic Payment to arrange for the return of the Property at the expiration of the Initial Term. Although we will pay for the reasonable costs to return the Property, you agree to cooperate fully in returning the Property to us. If you do not contact us to schedule the return of the Property, you agree that you have elected to continue the Lease.

4.EARLY PURCHASE OPTION. You may terminate your Lease before the end of the Initial Term by exercising your Early Purchase Option and paying an Early Purchase Option Charge, which is calculated as a percentage of the Cash Price, less Capitalized Cost Reduction of the Property.

30 day option: Requires a 5.00 % Early Purchase Option Charge. Once added to the Cash Price, less Capitalized Cost Reduction, of the Property, you must pay $356.98 (plus applicable tax and any other amounts you owe under the Lease) in total by 10/12/2019 to own the Property.

60 day option: Requires an 8.00 % Early Purchase Option Charge. Once added to the Cash Price, less Capitalized Cost Reduction, of the Property, you must pay $367.18 (plus applicable tax and any other amounts you owe under the Lease) in total by 11/11/2019 to own the Property.

90 day option: Requires a 10.00 % Early Purchase Option Charge. Once added to the Cash Price, less Capitalized Cost Reduction, of the Property, you must pay $373.98 (plus applicable tax and any other amounts you owe under the Lease) in total by 12/11/2019 to own the Property.

NOTE: Time is of the Essence for this provision. Your ability to exercise your EARLY PURCHASE OPTION depends on you contacting TEMPOE, LLC at 1.844.483.6763 and making your Early Purchase Option payment in a timely manner.

5.EARLY TERMINATION AND DEFAULT. If you wish to terminate this Lease during the Initial Term without purchasing the Property as described in Section 4, you may do so by returning the Property, fair wear and tear excepted, and paying any unpaid Periodic Payments that have become due, paying any Periodic Payments remaining in the Initial Term, and paying any other amounts you owe under the Lease. You will be in default under the terms of the Lease if you fail to make any Scheduled Payment within ten (10) days of the due date for such payment, or if you breach any other terms of this Lease. If you default, we may immediately terminate the Lease upon written notice to you, and demand the immediate return of the Property. If you fail to make any Scheduled Payment, you agree that we may, but are not obligated to, contact you regarding such default, including by email, phone, SMS, fax, or by sending you notice in accordance with Section 21, in our sole discretion, provided that nothing herein shall be construed as giving you the right to cure such default. If you default under this Lease, and after we give you any notice required by law, we will be entitled to all legal remedies, including repossession of the Property and our damages, which may include past due lease payments, attorneys' fees and court costs, if incurred, except to the extent prohibited by applicable law. If we exercise our right to repossess the Property, you agree to assemble the Property and make it available at a location designated by us that is reasonably convenient to you.

6.CREDIT REPORTING. You authorize us to make inquiries concerning your credit history and standing. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your Lease may be reflected in your credit report. If you believe that any information about your Lease that we have furnished to a consumer reporting agency is inaccurate, or if you believe that you have been the victim of identity theft in connection with any Lease made by us, write to us at TEMPOE, LLC, Attn: Complaints/Disputes Department, 720 E Pete Rose Way, Suite 400, Cincinnati, OH 45202. In your letter (i) provide your name and Lease number, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or report to us.

7.OFFICIAL FEES AND TAXES. Subject to any fees charged under Sections 14, 15, 16, and 17, the total amount of official fees and taxes you will pay for your use of the Property in accordance with this Lease during the Initial Term, inclusive of applicable taxes, whether included with your Periodic Payments or assessed otherwise is: $25.25. The actual total of taxes may be higher or lower depending on the tax rates in effect at the time a tax is assessed.

8.LOCATION OF PROPERTY. You agree to keep the Property in your exclusive possession and control. If you change addresses, you agree to notify us immediately of the change pursuant to Section 21, below.

9.INSTALLATION OF PROPERTY. Unless installation is specifically included with the Property, you are fully responsible for the cost of installing the Property in your home, if applicable.

10.STANDARDS FOR WEAR AND TEAR. Fair wear and tear means wear and tear sustained as a result of normal use conditions. We reserve the right to determine whether you have engaged in normal wear and tear of the Property.

11.MAINTENANCE. You are responsible for all maintenance, repair, service, and operating expenses of the Property during the Lease.

12.LIABILITY FOR DAMAGE OR LOSS. You are responsible for protecting the Property from unusual or abnormal wear and tear or damage. If the Property is stolen, lost, destroyed, or damaged (except for normal wear and tear) you must pay for all repairs or pay us the Purchase Option Price calculated as of the date of the loss; provided, however, in NJ, VT, WI, and WV, you must pay the fair market value calculated as of the date of the loss. We do not carry insurance on the Property. You agree to quit using the Property if it becomes unsafe or in a state of disrepair. You agree to take all steps necessary to prevent injuries to any person or property that might be caused by the Property. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND THAT WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE TO ANY PROPERTY ARISING OUT OF THE USE OF THE PROPERTY. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU IN CONNECTION WITH THIS LEASE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND OTHER THAN DIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS LEASE OR THE USE OF THE PROPERTY, EXCEED THE LEASE PAYMENTS MADE BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13.WARRANTIES. YOU ARE LEASING THE PROPERTY "AS IS." TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. However, if the Property is new, it may be subject to a manufacturer's warranty. If you purchase the Property from us, we will transfer any unexpired manufacturer's or supplemental warranty to you, if permitted to do so. For the avoidance of doubt, (i) we, the Lessor, have not been given any warranties from the supplier or manufacturer of the property beyond those given to an ordinary purchaser and (ii) insofar as the manufacturer or supplier has warranted the property, we give you the right to exercise those warranties against the manufacturer or supplier so long as you are the Lessee.

14.RETURNED ITEM FEE. We may charge a $20.00 fee if your payment is rejected by your bank or your card is rejected, unless prohibited by applicable law.

15.LATE PAYMENT FEE. If we do not receive a full Scheduled Payment within ten (10) days of when it is due, we may charge a late fee of $10.00 or 5 % of the Scheduled Payment (whichever is lesser), unless prohibited by applicable law. No late charges will be charged to you when the only past due amounts are prior unpaid late fees.

16.CANCELLATION FEE. If you refuse to take delivery and request cancellation of this Lease after execution and payment of the first Lease payment, we may deduct $39.95 from any refund we may pay you.

17.CONVENIENCE FEE. We may charge a $5.00 convenience fee for payments made over the phone. Payments can always be made through your online account without charge.

18.RETURNS. If the retailer where you selected the leased Property, in accordance with its return policy, allows you to return one or more items of the Property before the end of the Initial Term, then you agree that you will continue to be obligated with respect to any Property that remains in your possession. You further agree that a return before the end of the Initial Term will not become final, regardless of the retail store's return policy, until you and we have agreed to an amended lease concerning your obligations on any Property that remains in your possession. You also agree that, if you return any Property to a retailer before the end of the Initial Term, it is your responsibility to contact us at the address or telephone number listed on the front page of this Lease to arrange for the amendment to your Lease.

19.CONFIRMATION OF EXPRESS CONSENT FOR US TO CONTACT YOU. Notwithstanding anything to the contrary in this Lease, you agree that we may contact you at any telephone number(s), cellular or otherwise, that you provide us or for which you are the owner, subscriber or primary user. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you for purposes of servicing the Lease and/or your account, to obtain information from you, to provide information to you about the Lease and/or your account, and to collect any amounts you may owe us. You are not consenting to telemarketing or sales calls.

Unless prohibited by applicable law, you agree that you may not revoke your prior express consent for us to call you using an ATDS and/or artificial or prerecorded voice technology. Any attempt by you to revoke consent constitutes an attempt to modify this Lease which must be done pursuant to the modification terms of this Lease.

If any of your telephone number(s) change, or if you cease to be the owner, subscriber or primary user of a telephone number you have previously provided, you agree to notify us immediately of such facts so that we may update our records. You further agree to defend and indemnify us against any action or liability, including for our attorneys' fees, that may result from your failure to comply with your obligation to inform us that you have changed or relinquished a telephone number previously provided to us.

20.CREDIT CARD, ELECTRONIC FUNDS TRANSFER AND DEBIT CARD AUTHORIZATION.

To the extent you have elected to provide us with a bank debit card or ACH method of payment, as opposed to a credit card, you agree that you have accepted, rather than declined, the option of making recurring lease payments by debit card or ACH. In doing so, you authorize us to withdraw from your bank account each payment you may owe us. In doing so, you also authorize us to withdraw partial amounts due and to withdraw past-due amounts on dates other than on the scheduled due date. And you also authorize electronic check creation in the event that one must be used.

Even if you declined payments by debit card or ACH and have instead elected to make payments by credit card, you agree we can bill any credit card you provide to us for each lease payment and all fees due. You authorize us to bill partial amounts due and to bill past-due amounts on dates other than on the scheduled due date. Our right to bill your credit card, and if accepted, to withdraw from your debit card and process an ACH, will remain in full force until (i) you pay us everything that you owe under your lease or (ii) you or the institution issuing your credit card or debit card informs us that we can no longer bill your credit card or debit card. Any authorization also includes any returned item fees or late fees that may become due. Any payment made pursuant to an authorization for payment via electronic transfer that you have not withdrawn in a timely fashion will be final. If we receive notification from you of termination of your authorization at least 3 business days before the scheduled date of a transfer, we will not use said authorization. To cancel your authorization, you must provide us with written notice mailed to TEMPOE, LLC, 720 E Pete Rose Way, Suite 400, Cincinnati, OH 45202. You understand that canceling your authorization does not relieve you of the responsibility of paying your lease payments in full when due.

21.NOTICES. Unless another notification method is specified in this Lease for a specific type of notification or permitted by applicable law, all notices made under this Lease shall be given to the other party in writing: (i) by certified or registered mail, return receipt requested, postage prepaid; or (ii) by nationally-recognized overnight delivery service. All such notices shall be effective upon receipt. Except as otherwise provided in this Lease, notices to you will be sent to the physical address at the top of this Lease, as may be updated from time to time by you in accordance with this Section.

22.CLASS AND REPRESENTATIVE ACTION WAIVER. YOU AND WE AGREE TO WAIVE ANY RIGHTS TO BRING OR OTHERWISE PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AGAINST EACH OTHER. This means that even if a class action lawsuit or other representative action is filed, such as one in the form of a private attorney general action, you may not participate in such action because you have agreed to resolve disputes with us on an individual basis. If all or any part of this class and representative action waiver provision is ruled illegal or unenforceable, the provision shall be severed and shall be inoperative, and the remainder of this Lease shall remain operative and binding on you and us. This provision shall survive termination of this Lease.

23.ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. YOU ARE AGREEING, WITH SPECIFIC EXCEPTIONS STATED BELOW, THAT ANY DISPUTE WITH US MUST BE RESOLVED BY BINDING ARBITRATION, NOT IN COURT. EXCEPT AS OTHERWISE PROVIDED BELOW, YOUR RIGHT TO FILE A CLAIM AGAINST US IN COURT IS WAIVED. IF YOU WANT TO OPT OUT OF THE AGREEMENT TO ARBITRATE WITH US, YOU MUST NOTIFY US IN WRITING OF YOUR DECISION WITHIN 14 DAYS OF EXECUTING THIS LEASE.

All claims, disputes or controversies between us arising from or related in any way to the Lease or our relationship (the "Claim" or "Claims") are subject to arbitration. The agreement to arbitrate includes all Claims no matter what theory they are based on or what remedy they seek, including, without limitation, Claims based on contract, tort, negligence, statutory or regulatory provisions, or any other legal or equitable theory of relief. Our agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 and the substantive law of your state or territory. If you or we elect to arbitrate a Claim, the arbitration will be conducted as an individual action before a single arbitrator. The arbitration may not be brought on a class-wide basis or consolidated with any other arbitration proceeding.

You and we agree to use either the American Arbitration Association (www.adr.com) or JAMS, the Resolution Experts (www.jamsadr.com). If a dispute arises, you or we can file a Claim with either organization in the office of the selected organization nearest to your residence. If a Claim is filed in arbitration, we will pay the filing fee. All other fees charged by the arbitration organization or arbitrator will be allocated in accordance with the rules of the arbitration organization and applicable law. If you prevail in an arbitration against us, the arbitrator may award you your reasonable and necessary attorneys’ fees incurred in connection with the arbitration.

As an exception to this arbitration provision, nothing in our agreement to arbitrate is intended to prevent either of us from filing a lawsuit in an appropriate small claims court for an amount that does not exceed that court’s jurisdictional limit; however, all other disputes must be arbitrated as set forth herein. If either party attempts to remove a lawsuit initially filed in small claims court to another court, the other party can compel arbitration.

If any part of this arbitration agreement is ruled illegal or unenforceable such that a Claim is deemed not subject to arbitration, then we agree that any and all Claims may only be resolved by a judge, sitting without a jury, in a court of competent jurisdiction, and not as a class action. If any part of this arbitration agreement is ruled illegal or unenforceable such that it is determined that a Claim may be brought in a non-individual, representative capacity in arbitration, then we agree that all Claims may only be resolved by a judge, sitting without a jury, in a court of competent jurisdiction. This provision shall survive termination of this Lease.

24.MISCELLANEOUS. THIS LEASE AND ANY ATTACHMENTS IS THE ENTIRE AGREEMENT BETWEEN US WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PRIOR COMMUNICATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, AND NEITHER OF US IS RELYING ON ANY STATEMENTS NOT CONTAINED IN THIS LEASE OR ITS ATTACHMENTS. ANY STATEMENTS MADE BY PERSONNEL IN ANY RETAIL STORE WHERE YOU SELECTED THE PROPERTY ARE NOT A PART OF THIS LEASE. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof. If any provision of this Lease is held to be illegal, invalid or unenforceable, the remaining provisions shall remain in effect and be so construed as to effectuate the intent and purpose of this Lease. Unless otherwise expressly provided under this Lease, all remedies available to a party are cumulative. We are providing you a copy of the Lease, but you may also retrieve a copy of the Lease yourself by logging into our customer service portal at www.tempoe.com and creating an account. You may also request a paper copy from us by sending a "Request for Lease Copy" to the address identified above. This Lease cannot be modified except in writing and agreed to by you and us. Although we do not require a minimum credit score, we reserve the right to verify any information provided with your application for this Lease and to perform a risk assessment, for which we may access one or several consumer reporting agencies. We reserve the right to deny you future leases.

25.NOTICE TO CONSUMER. THIS IS A LEASE. YOU ARE NOT BUYING THE PROPERTY. DO NOT SIGN THIS LEASE BEFORE YOU READ IT OR IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COMPLETED COPY OF THE LEASE WHEN YOU SIGN IT.

26.IF YOU LIVE IN PUERTO RICO. NOTICE TO LESSEE: (1) DO NOT SIGN THIS LEASE CONTRACT WITH PURCHASE OPTION BEFORE READING IT; (2) YOU HAVE THE RIGHT TO RECEIVE A DULY COMPLETED COPY OF THIS CONTRACT, (3) UNDER THE LAW, IF YOU ARE ENTITLED TO EXERCISE AN EARLY PURCHASE OPTION, THE CONTRACT MUST DESCRIBE THE FORMULA TO CALCULATE THE EARLY PURCHASE PRICE, (4) THIS IS A LEASE, YOU ARE NOT BUYING THE PROPERTY.

LESSEE
Signature: [E_SIGNATURE_REQUIRED]
Date: [E_DATE_REQUIRED]
TEMPOE, LLC APPROVED
Signature: [TEMPOE_SIGNATURE]
Date: [E_DATE_REQUIRED]
Version : V07.2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rev. 06-2019

 

FACTS

 

 

WHAT DOES TEMPOE, LLC ("TEMPOE") DO WITH YOUR PERSONAL

 

 

 

 

INFORMATION?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Financial companies choose how they share your personal information. Federal law gives

 

 

Why?

 

 

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

 

 

What?

 

 

have with us. This information can include:

 

 

 

 

 

 

 

 

 

Social Security number and income

 

 

 

 

 

 

 

 

 

Payment history and employment information

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Checking account information and account transactions.

 

 

 

 

 

 

 

 

 

All financial companies need to share customers' personal information to run their everyday

 

 

How?

 

 

business. In the section below, we list the reasons financial companies can share their

 

 

 

 

customers' personal information; the reasons TEMPOE chooses to share; and whether you can

 

 

 

 

 

 

 

limit this sharing.

 

 

 

 

 

 

 

 

 

 

Reasons we can share your personal information

 

Does TEMPOE

 

 

Can you limit

 

 

 

 

 

share?

 

 

this sharing?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For our everyday business purposes - such as to process

 

 

 

 

 

 

 

 

your transactions, maintain your account(s), respond to court

 

Yes

 

No

 

 

orders and legal investigations, or report to credit bureaus

 

 

 

 

 

 

 

 

 

For our marketing purposes - to offer our products and

 

Yes

 

No

 

 

services to you

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For joint marketing with other financial companies

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For

our

affiliates'

everyday

business

purposes

-

 

Yes

 

No

 

 

information about your transactions and experiences

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For

our

affiliates'

everyday

business

purposes

-

 

Yes

 

Yes

 

 

information about your creditworthiness

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For our affiliates to market to you

 

 

 

 

 

Yes

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For nonaffiliates to market to you

 

 

 

 

 

Yes

 

Yes

 

 

 

 

 

 

 

Mail the form below

 

 

 

 

 

 

 

 

 

 

To limit our

 

 

Please note:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If you are a new customer, we can begin sharing your information 30 days from the date we

 

 

sharing

 

 

 

 

 

 

 

 

send this notice. When you are no longer our customer, we continue to share your

 

 

 

 

 

 

 

information as described in this notice.

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

Questions?

 

 

Call 844-863-2948

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mail-in Form

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mark any/all you want to limit:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do not share information about my creditworthiness with your affiliates for their everyday business

 

 

 

 

 

 

 

purposes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do not allow your affiliates to use my personal information to market to me.

 

 

 

 

 

 

 

Do not share my personal information with nonaffiliates to market their products and services to

 

 

 

 

 

 

 

me.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City, State, Zip

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lease Number

 

 

 

 

 

 

 

 

 

 

 

Mail To:

 

 

 

TEMPOE, LLC, Attn: Business Operations - Opt Out

 

 

 

 

 

 

 

 

 

720 E Pete Rose Way, Suite 400

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cincinnati, OH 45202

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rev. 06-2019

 

Who we are

 

 

 

Who is providing this

TEMPOE, LLC f/k/a WhyNot Leasing, LLC d/b/a Why Not Lease It

 

notice?

 

 

 

 

What we do

 

 

 

 

To protect your personal information from unauthorized access and use, we use

 

How does TEMPOE protect

security measures that comply with federal law. These measures include computer

 

safeguards and secured files and buildings.

 

my personal information?

 

 

 

 

 

 

 

 

We collect your personal information, for example, when you:

 

 

Apply for a lease or give us your contact information

 

How does TEMPOE collect

Open an account or give us your income information

 

 

Provide employment information

 

my personal information?

 

 

 

 

 

We also collect your personal information from others, such as consumer reporting

 

 

agencies, affiliates or other companies.

 

 

 

 

 

Federal law gives you the right to limit only:

 

 

Sharing for affiliates' everyday business purposes - information about your

 

Why can't I limit all sharing?

 

creditworthiness

 

Affiliates from using your information to market to you

 

 

 

 

Sharing for nonaffiliates to market to you

 

 

State laws and individual companies may give you additional rights to limit sharing

 

 

 

 

 

Definitions

 

 

 

 

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

 

 

nonfinancial companies.

 

Affiliates

 

Our affiliates include companies doing business as Allied Cash Advance,

 

 

Check 'n Go, Navodo, Axcess Credit, CNG Holdings, Inc., SmartPay, Inc.,

 

 

 

 

 

 

TEMPOE Financial LLC, and their related holding and back-offices service

 

 

 

companies.

 

 

 

 

 

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

 

 

non-financial companies.

 

Nonaffiliates

Nonaffiliates we share with can include debit card companies, banks,

 

 

 

servicers, data processors, data research firms and other financial

 

 

 

institutions.

 

 

A formal agreement between non-affiliated financial companies that together market

 

Joint Marketing

financial products or services to you.

 

 

Our joint marketing partners include retail companies

 

 

 

 

 

Other Important Information

 

 

 

For California Residents. - Unless you indicate otherwise using the Mail-in Form above,we may share

 

personal and financial information about you with (i) our affiliated companies, and (ii) outside companies

 

we contract with to provide financial products and services to you.

 

<div id="LeaseAgreementConsentDetails"> <p id="Title" style="text-align: center;"><strong>ACUERDO DE ARRENDAMIENTO </br>ANTES DE FIRMAR, DESPLÁCESE HASTA EL FINAL DE LA PÁGINA Y LEA TODOS LOS TÉRMINOS </strong></p> <p id="Terms"> AVISO AL CONSUMIDOR. ESTO ES UN ARRENDAMIENTO. USTED NO ESTÁ ADQUIRIENDO LA PROPIEDAD. NO FIRME ESTE CONTRATO DE ARRENDAMIENTO ANTES DE LEERLO O SI ENCUENTRA ESPACIOS EN BLANCO. LUEGO DE FIRMAR, USTED TIENE DERECHO A RECIBIR UNA COPIA DEL ARRENDAMIENTO.<br/> SI RESIDE EN PUERTO RICO. AVISO AL ARRENDATARIO: (1) NO FIRME ESTE CONTRATO DE ARRENDAMIENTO CON OPCIÓN A COMPRA ANTES DE LEERLO; (2) USTED TIENE DERECHO A RECIBIR UNA COPIA DE ESTE CONTRATO DEBIDAMENTE CUMPLIMENTADA; (3) ANTE LA LEY, SI USTED TIENE DERECHO A EJERCER UNA OPCIÓN DE COMPRA TEMPRANA, EL CONTRATO DEBE DESCRIBIR LA FÓRMULA PARA CALCULAR EL PRECIO DE COMPRA TEMPRANA; (4) ESTE ES UN CONTRATO DE ARRENDAMIENTO; USTED NO ESTÁ ADQUIRIENDO LA PROPIEDAD. </br> Al ingresar los 4 dígitos del Código de autorización impreso al final de su Contrato de Arrendamiento al Consumidor y hacer clic en "ACEPTAR", usted reconoce que ha recibido una copia y acepta los términos de su Contrato de Arrendamiento del Cliente, el cual se le envió de manera electrónica. También comprende y acepta que está firmando un contrato vinculante con TEMPOE, el cual incluye un acuerdo de arbitraje. </p> <p id="Prompt"> <span class="documentRenderer2Ignore"> Firma electrónica (Código de 4 dígitos):</span></p> </div>
<div id="TCPAConsentDetails"> <p id="Title" style="text-align: center;"><strong>Consentimiento de la ley TCPA ("Ley de Protección al Consumidor de Telecomunicaciones") </strong></p> <p id="Terms">Al optar por recibir mensajes de telemercadeo y comunicaciones, usted entiende y accede a recibir mensajes SMS y MMS de promoción y mercadeo, lo cual incluye mensajes de texto y/o llamadas telefónicas mediante un sistema de marcado automático o mensajes pregrabados o de voz artificial, por parte de TEMPOE o de sus subsidiarias, afiliadas, sucesores y cesionarios (colectivamente, las "Entidades de TEMPOE") a el/los número(s) de teléfono que usted proporcione a las Entidades de TEMPOE. Podrían aplicar cargos por mensajes y datos. Los mensajes y las llamadas son recurrentes y podrían variar en frecuencia. Su consentimiento no es condición para poder comprar o participar en un contrato o programa de arrendamiento. Puede revocar su consentimiento en cualquier momento.</p> <div class="documentRenderer2Ignore"> <p id="RadioOption1"> Acepto recibir mensajes y comunicaciones de telemercadeo como se indica anteriormente. </p> <p id="RadioOption2"> No acepto recibir mensajes ni comunicaciones de telemercadeo como se indica anteriormente.</p> </div> </div>
<div id="ESignConsentDetails"> <p id="Title" style="text-align: center;"><strong>DIVULGACIONES DE TEMPOE SOBRE LAS FIRMAS ELECTRÓNICAS</strong></p> <p id="Subtitle"><strong>Por favor lea la siguiente información sobre cómo recibir electrónicamente las divulgaciones requeridas legalmente de parte de TEMPOE sobre su ARRENDAMIENTO.</br>ANTES DE FIRMAR, DESPLÁCESE HASTA EL FINAL DE LA PÁGINA Y LEA TODOS LOS TÉRMINOS </strong></p> <p id="Terms">Al marcar el encasillado y optar por continuar, usted accede a que le enviemos información sobre su oferta de arrendamiento y cualquier arrendamiento asociado, incluidas las divulgaciones que la ley exige que proporcionemos ("Divulgaciones requeridas"), en formato electrónico a la dirección de correo electrónico y número de teléfono que usted proporcionó en su solicitud de arrendamiento. Sin embargo, de así desearlo y a nuestra discreción, podremos enviarle las Divulgaciones requeridas a la dirección de correo incluida en su solicitud de arrendamiento. <br/> Su consentimiento aplica a las comunicaciones actuales y futuras. Para revocar su consentimiento a recibir las Divulgaciones Requeridas de manera electrónica, puede llamarnos al 1-855-965-4669. Si revoca su consentimiento, se le enviarán copias impresas sin costo alguno. Deberá mantenernos informados de cualquier cambio en su dirección de correo electrónico y dirección postal. Puede actualizar su información de contacto llamándonos al 1-855-965-4669.<br/> Para acceder y retener las Divulgaciones requeridas de manera electrónica, necesitará tener acceso a Internet, una cuenta de correo electrónico válida o una cuenta de teléfono móvil activa, y los siguientes software y equipo: <ul id="HardwareSoftwareList" style="text-align: left; padding-left: 80px;"> <li> una computadora, tableta, teléfono inteligente u otro dispositivo móvil que pueda recibir correos electrónicos o mensajes de texto (de forma colectiva, el "Equipo"),</li> <li> una impresora o suficiente espacio de almacenamiento en su cuenta de correo electrónico o en su Equipo para guardar copia de las Divulgaciones Requeridas que le enviemos, </li> <li> una dirección de correo electrónico válida o un número de teléfono y plan de datos con su proveedor de telefonía móvil, </li><li> un navegador de Internet como Microsoft Internet Explorer, Chrome, Firefox o Safari </li> <li> Adobe Acrobat Reader v.2018 o más reciente </li> </ul> </p><div class="documentRenderer2Ignore"> <p id="Prompt"> Acepto realizar transacciones electrónicas con TEMPOE para mi solic. de arrendamiento y cualquier arrendamiento resultante. Leí y comprendí las Divulgaciones de TEMPOE sobre FIRMAS DIGITALES y acepto recibir las Divulgaciones Req. electrónicamente. </p></div> </div>
<div id = "PhoneConsentSelectionDetails"> <p id = "Title"> MENSAJE DE TEXTO </P> <p id = "RadioOption"> Notificar por texto al # anterior. Puede haber cargos del proveedor por mensajes/datos.</p></div>
<div id = "EmailConsentSelectionDetails"> <p id = "Title"> CORREO ELECTRÓNICO </p> <p id = "RadioOption">Notificar por email a la dirección anterior.</p></div>