Consent for Use of Electronic Signatures and Records
In this Consent for Use of Electronic Records and Signatures (“E-Sign Consent’), the words “you” and “your” mean any person giving consent to our use of electronic records and signatures as described below. The words “we,” “us” and “our” mean Fyv, Inc. (“Fyv”), its representatives, successors and assigns, and its designated agents and service providers. You are requesting or have obtained financial products or services from us. With your consent, we may choose to provide certain Records to you in electronic form and obtain your electronic signature in connection with those Records and other notices, instruments and terms. You are not required to receive Records in electronic form and sign them electronically. If you do not want to consent to our use of electronic Records and signatures at this time, please close your web browser and do not electronically sign this E-Sign Consent.
Please read this E-Sign Consent carefully and print or save a copy for future reference to verify that you can keep this type of electronic Record.
Description of Electronic Records
The “Records” covered by this E-Sign Consent include all applications, prequalification requests, inquiries, account opening disclosures, line of credit agreements, changes and amendments to your and our agreements, payment authorizations, other transaction documents, servicing communications as allowed or required by law, as well as any consumer notices, disclosures and information relating to the origination and servicing of the financial products you request or obtain from us, now and in the future, including those that must be signed or that we are required or allowed by law to provide in writing (for example, your credit application and our credit decision notices; your consent for our communications with you; all contracts, agreements, transaction and servicing documents, consumer notices and agreements relating to your line of credit agreements, including any change in terms notices; your payments and payment authorizations; our privacy notices; billing notices and account statements; and all other communications or information relating to any financial products or services you request or obtain from us). We reserve the right to decide which Records to provide electronically and when to request your electronic signature for those Records.
Description of Electronic Signatures
You agree that your electronic signature results from your use of a key pad, touch screen, mouse or other device on a computer, mobile device or other electronic access device (each, an “Access Device”) to select an item, button, box, icon or take similar action while you use any electronic service we offer, now and in the future. You agree we can obtain your electronic signature and rely on it to provide access to Records, to have you acknowledge receipt of Records, to have you authorize or give consent for transactions and action, to accept our terms and conditions, and to enter into contracts and agreements with us that are enforceable and binding on you, just as if you signed in writing. You agree that no certification authority or other third party verification is required to validate your electronic signature. You agree that the lack of any such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract between you and us.
Hardware and Software Requirements
To view and print or save electronic Records, you must use an Access Device that permits Internet access. You must have a printer or long-term storage device that allows you to print or save electronic Records for future reference. You must use web browser software that supports the HTTPS protocol, HTML, cookies, and encryption, such as current versions of Microsoft Internet Explorer®, Google Chrome®, Mozilla Firefox®, or something similar. You must have software that allows you to view and print or save PDF documents, such as Adobe Acrobat Reader X® or Foxit®. You must maintain a working electronic mail (“email”) account that allows you to view and print or save any electronic Records we send to your designated email address (including electronic Records displayed in the email message, attached to it, or displayed when you select links included in the message). If we change the hardware or software requirements in a way that creates a material risk that you will be unable to access or keep Records we previously provided to you in electronic form, we will display the revised requirements on our website or otherwise send notice to you of the revised requirements. If you have questions about any hardware or software requirements, you may send an email to us at [email protected]
Obtaining Paper Copies of Records
You may request paper copies of the Records we provide at any time. You may ask us to send additional copies of a Record to your designated email address at no additional cost to you, which may allow you to print paper copies of the Record using your own Access Device and printer. If you want to receive paper copies from us of Records you previously authorized us to provide in electronic form, you may you may send an email to us at [email protected] Your request for a paper copy of any Record will not, by itself, mean you have withdrawn your prior consent to receive Records electronically. If you withdraw your prior consent for our use of electronic Records and signatures, your withdrawal of consent will not apply to any electronic Records or signatures provided before the date your withdrawal of consent takes effect. We may require you to pay reasonable charges for preparing and mailing paper copies of your Records, unless applicable law prohibits us from imposing those charges.
How To Update Your Contact Information and Designated Email Address
If you have a working email address and/or telephone number, we may require you to include and maintain that information as part of your personal contact information. You agree to provide us with your correct and complete personal contact information and promptly notify us of any changes, including changes in your designated email address, telephone, and mailing address. You can update your contact information, including your email address, by sending an email to us at [email protected]
Your Consent For Our Use of Electronic Records and Signatures
By electronically signing this E-Sign Consent as described below, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it with your records. You give your express consent to receive, view and electronically sign the Records that we display and provide to you in electronic form when you use your Access Device on the websites and mobile applications we own, control or administer, including the electronic Records we display on our website or mobile application and those we may send to your designated email address. You agree that the electronic Records we send to your designated email address may include Records displayed in the email message, attached to it or displayed when you select links included in the message. When a Record is electronically displayed on your Access Device, you agree your electronic signature for the Record may include clicking on the displayed buttons, selecting the displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Record displayed on your Access Device. Your consent for our use of electronic Records and signatures will be effective unless you withdraw it in the manner described below.
Changes To This E-Sign Consent
You understand and agree that we may, at any time, modify what this E-Sign Consent requires or allows by posting a revised version of the E-Sign Consent on our websites and mobile applications. If the changes we make to the E-Sign Consent create a material risk you will be unable to access or keep Records we previously provided to you in electronic form, we will display the revised requirements to you on our website and mobile applications or and send notices about the revised requirements to your designated email account, your mailing address, or both.
Multiple Access Devices
Your acceptance of this E-Sign Consent on one Access Device is also your acceptance on all Access Devices you use. For example, if you view and accept this E-Sign Consent on a mobile device, the terms of this E-Sign Consent will apply to electronic Records accessed on a traditional computer (or vice versa). Additionally, by viewing and accepting this E-Sign Consent on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format the services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices (or use multiple Access Devices), you are responsible for ensuring your new Access Device meets the applicable system requirements and you are still able to access and view electronic Records on the subsequent Access Device. Continuing your application on other Access Devices is reaffirmation of your agreement to this E-Sign Consent.
Withdrawing Prior Consent for Electronic Records and Signatures
If, at any time after your initial consent for electronic Records and signatures, you want to withdraw your prior consent, you may do so by sending an email to us at [email protected] We may, at our discretion and if not restricted by law, impose a reasonable fee if you decide to withdraw your prior consent for our continued use of electronic Records and signatures. If you withdraw your consent, you will no longer be permitted to use and obtain certain services through our website or mobile application. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. If you withdraw your prior consent for our use of electronic Records and signatures, any electronic Records and signatures provided and obtained before the effective date of your withdrawal will remain fully effective, valid and enforceable.
By checking the E-Sign Consent box displayed on our website or mobile application, you agree that:
- You received, read and agree to the terms of this Consent for Use of Electronic Records and Signatures.
- You verified that your Access Device and its use satisfy the hardware and software requirements described in this E-Sign Consent.
- You provided us with a correct and current email address where we may send electronic Records to you.
- You consent to your and our use of electronic Records and signatures in connection with any services you request or obtain through our websites, mobile applications, the email address you provided requesting or obtaining financial products and services from us, and any updated email address you may provide in the future using the procedures described above.