In this Consent for Electronic Records and Signatures (“E-Sign Consent”), the words “I,” “me,” and “my” mean the individual who gives this E-Sign Consent. The words “you” and “your” mean First Electronic Bank, its service provider Glow Financial Services Inc., and their respective service providers, successors, and assigns. The Glossary of Key Terms in Section 1 defines the capitalized terms that are used in this E-Sign Consent.
I understand you need to provide certain information to me in writing, or have me sign certain documents, either to confirm I received the information or that I agree to their terms. I understand the law allows you to provide this information electronically and obtain my signatures in electronic form, but only after I receive and electronically sign this E-Sign Consent.
- Glossary of Key Terms: In this E-Sign Consent:
- “Access Device” means any computer, mobile device, or terminal with internet or wireless connectivity that I use for access to your Electronic Services, now and in the future, regardless of who owns the computer or mobile device, and that I can control by using a keyboard, touch screen, touch pad, terminal, audible voice instructions, mouse, or other electronic tools and devices.
- “Electronic Service” means any product or service related to a Loan you offer or provide to me, or that I request, apply for, obtain, use, administer, or access through you, now and in the future, by using an Access Device, the internet, email, voice and text messaging services, software applications, websites, Electronic Signatures, and Records that are created, generated, sent, communicated, received, or stored by electronic means.
- “Electronic Signature” means any electronic sound, symbol, or process, attached to or logically associated with a Record, that I execute, adopt, or take, now and in the future, with the intention of signing that Record (including any action I take for these purposes by using an Access Device to select an item, button, box, icon, or image, or to enter or complete any text field shown to me, in connection with my Loan).
- “Loan” means any loan that you may offer or provide to me, or that I may request, apply for, obtain, use, administer, or access through you, and any product or service related to your marketing, origination, servicing, and collection of the loan, now or in the future.
- “Record” means any notice, communication, consent, authorization, agreement, terms and conditions, statements, or other information that you provide or make available to me, or that I sign, submit, or agree to at your request, in connection with my Loan(s) and any Electronic Services I request or obtain from you, now or in the future (including but not limited to this E-Sign Consent, my Loan agreement(s) and payment authorizations, and any other disclosures required or allowed by law connected with my Loan).
- My Consent for Electronic Signatures and Records: Before I may use your Electronic Services, I must give my Electronic Signature for this E-Sign Consent to confirm that: (a) I reviewed this E-Sign Consent; (b) I can keep a copy of this E-Sign Consent and other Records you may provide and make available through your Electronic Services; and (c) I agree to the terms and conditions in this E-Sign Consent. To do this, I am using an Access Device to select a box displayed with these statements and a link to this E-Sign Consent, and then selecting a submission button on the same screen that says “ask for prequalified offers,” “I agree,” or something similar. If this happens, I agree this will be my Electronic Signature to acknowledge my receipt of and agreement to all of the terms and conditions in this E-Sign Consent.
- Your Option For Providing Records: I agree that you may, at your option, decide which Records to provide through your Electronic Services. I also understand and agree that you may, at your option, send Records to me in paper form, even if you previously provided similar or other Records to me through your Electronic Services.
- Multiple Access Devices: When I agree to this E-Sign Consent on any Access Device, I agree that I am reasonably demonstrating my ability to access your Electronic Services and review and keep electronic Records described in this E-Sign Consent, for that Access Device and any different Access Device I may elect to use in the future. If I change Access Devices, or I use more than one Access Device, I will confirm that each Access Device meets the requirements in this E-Sign Consent, and that I can read and keep the electronic Records you provide or make available to me when I use your Electronic Services, now and in the future. When I use or continue using an Access Device for your Electronic Services, now and in the future, I agree this reaffirms my agreement to the terms of this E-Sign Consent.
- My Electronic Signatures and Records. For purposes of this E-Sign Consent, I understand and agree that:
- You may provide electronic Records or make them available to me through the websites you administer to market, originate, or service the Loan(s), through the hyperlinks you display on the websites you administer, and through the email and text messages you deliver to the email account or mobile telephone number I provided to you, either directly or indirectly through any merchant that may receive Loan proceeds that you disburse on my behalf and with my authorization.
- You may notify me by email or text message about any Records that you are providing or making available to me, using the most recent email account address and mobile telephone number you maintain for me in your Loan servicing records, and any related information about how I can access those Records, by using a hyperlink included in your email or text message or directing me to websites that you administer.
- Any Records you provide or make available to me in electronic form as described in this E-Sign Consent, and the Electronic Signatures you obtain from me for those Records, will have the same meaning and effect as if I had received the Records in paper form and signed them in ink, regardless of whether I elected to view those Records before providing my Electronic Signature.
- This E-Sign Consent will take effect when I give my Electronic Signature and remain in effect indefinitely, until the earlier of: (i) the date I follow the instructions below to cancel this E-Sign Consent for Records you may deliver after that date as allowed or required by law; or (ii) the date I no longer have any duties to you in connection with any Loan(s) I requested or obtained through you.
- System, Hardware, and Software Requirements. For your Electronic Services, I understand that I must maintain an open and active email account, and a working mobile telephone number that allows text messaging, for your use in communicating with me and providing electronic Records and Electronic Services related to my Loan(s). I also understand that I must have an Access Device with internet or wireless connectivity I can use when needed in connection with your Electronic Services. When I use a desktop or laptop computer as my Access Device for website-based Records, I understand the Access Device I use must have the latest supported operating system (Microsoft Windows or macOS, as applicable) and the latest supported internet browser (Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari, as applicable). When I use a mobile telephone or tablet as my Access Device for website-based Records, I understand the Access Device I use must have the latest fully-patched version of iOS (Apple iPhones or iPads), or the latest fully-patched version of the Android operating system (Android phones and devices), and the latest supported internet browser (Google Chrome or Apple Safari). I understand the Access Device I use for Electronic Services must have a current version of a program that accurately reads and displays Records that use a portable document format (PDF) (for example, Adobe Acrobat Reader). Finally, to print or save Records using my own Access Device, I understand the Access Device must either allow me to print those Records on paper or contain enough storage space for me to save those Records on my Access Device. I understand you will notify me if your system, hardware or software requirements change and the change creates a material risk that I will be unable to access or keep your electronic Records.
- Withdrawing This E-Sign Consent. I understand that I may at any time cancel this E-Sign Consent by calling you at (844) 216-1729. I agree that my cancellation of this E-Sign Consent will be effective only after you have had a reasonable period of time, at least three (3) business days, to process my cancellation request. If I cancel this E-Sign Consent, I understand and agree my cancellation will not affect the effectiveness, validity and enforceability of any Electronic Signatures and Records I provided or received through your Electronic Services before the effective cancellation date of this E-Sign Consent. If I cancel this E-Sign Consent, I understand you will either: (a) begin using the U.S. Mail and my last recorded residential address to send any new Loan Records the law requires you to deliver to me in writing, which may delay when I receive those Records; or (b) advise me about how my cancellation of this E-Sign Consent will impact other services you provide in connection with my Loan, such as my enrollment in recurring and automatic electronic Loan payments. If I later ask to enroll in your automatic electronic payments program, I understand that I must give a new E-Sign Consent before you will accept and act on my authorization to make recurring charges to my debit card or deposit account when my scheduled Loan payments are due.
- Paper Copies. Upon my request, I understand you will provide me with paper copies of my electronic Records at no charge, so long as I make my request within twelve (12) months after you first provided them to me in electronic form and when no more than twenty (20) printed pages are needed to satisfy my request. If I request paper copies of electronic Records you provided more than twelve (12) months earlier, or request more than twenty (20) printed pages, I understand you may require me to pay your reasonable costs to prepare and mail those paper copies based on charges you disclose to me before mailing those records. If I want to request paper copies of an electronic Record, I will call you at (844) 216-1729, and learn at that time whether you will require me to pay your reasonable costs of preparing and mailing those paper copies.
- My Duty To Maintain and Update My Information. I agree that I am responsible for giving you prompt notice about any changes in my email address or mobile telephone number, so you can continue to provide timely communications to me about my Loan(s). If I need to update my email address or mobile telephone number at any time, I will either call you at (844) 216-1729 or use secure methods for updating my information through your Customer Hub (www.us.glowcustomerhub.com). If I do not notify you about any change in my email address or telephone number, I agree that you are not responsible to me for any delay or failure resulting from your delivery of a Record, text message, or email message, to the last known email address or mobile telephone number you maintain for me in your Loan servicing records. In addition, I agree you are not liable to me if I do not receive your Records, text messages, or email messages, because: (a) the email address and/or mobile telephone number I provide to you is invalid and later cancelled or suspended for any reason; (b) your email or internet service provider filters your emails to me by placing them in my “spam” or “junk mail” folders; (c) there is a malfunction, interruption, or cancellation of services that affects my Access Device, my internet or wireless connectivity, the functionality of my operating system, browser, or software, or for other reasons beyond your control.
