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Electronic Communications/E-Sign Consent

Last Updated: March 4, 2024
LendSwift, LLC (“LendSwift”), our affiliates, lending partners, assignees and their service providers (“we”, “us” or “our”) process and communicate information electronically. In order to use our service and obtain a credit or other product, and in order to view and retain a copy of the related notices, disclosures, any credit agreement, this consent to Electronic Communications, the Truth in Lending disclosures, change in terms notices, fee and transaction information, statements, delayed disbursement letters, consumer disclosures, state-mandated brochures and disclosures, adverse action notices, and any other information related to your product (collectively, “Electronic Communications”), you must consent to receive all Electronic Communications electronically by clicking on the link to accept the terms on the pre- qualification or application screen of our website (“Site”).

Electronic Communications will be made available to you through our Site, by email, and/or using any other electronic means we may choose. All Electronic Communications to you from us or our lending partners will be considered to have been made “in writing.” You should print or download a copy of this consent, the Terms of Use, and any other Electronic Communication that is important to you for your records.

This consent applies to all interactions online concerning you and the Site and includes those interactions engaged in on any mobile device, including but not limited to phones, smart-phones, and tablets. By agreeing to this consent to Electronic Communications, you agree that all of our interactions with you and all information provided to you will be processed electronically. You also agree that your consent applies during the full course of our relationship with you. Electronic Communications may be provided through our online platform or through your designated e-mail address as either email attachments or as links embedded in emails that access a website that we own or control. Notwithstanding your consent to Electronic Communications, we may send you paper copies of documents, disclosures, and/or notices.

Required Hardware and Software.

In order to access certain Electronic Communications, you will be required to log in to the Site. Other Electronic Communications may be accessible on the public portion of our Site. To access and retain Electronic Communications, at a minimum you will need to use the following computer software and hardware: a device capable of accessing the Internet, access to an e-mail account, and an SSL-enabled modern web browser that supports HTML 5, JavaScript, and CSS3. You will also need software capable of reading PDF files and sufficient electronic storage capacity on your hard drive or other data storage facility, or a means to print or store notices and information through your browser software. By clicking the link and assenting to these terms, you are agreeing and confirming that each device you use to access the Site satisfies each of these requirements. If these requirements change while you are maintaining an active relationship with us and the change creates a material risk that you may not be able to receive Electronic Communications, we will notify you of the changes.

Non-Electronic Records.

Electronic Communications are generally not available on paper or in a non-electronic form from us. If you do not consent to the use of Electronic Communications, you will not be able to use our service to obtain credit or other products. However, we may at our option provide a copy of a prior Electronic Communication on paper at your request, and if you withdraw your consent to receive Electronic Communications we will provide paper copies of any communication required by law to be in writing. There is no fee for paper copies of communications that the law requires to be provided in writing. You may request a paper copy of any Electronic Communication by e-mailing your request to us at: [email protected]. Requesting paper copies of Electronic Communications does not withdraw your consent to receive Electronic Communications electronically.

Withdrawing Your Consent.

You may withdraw your consent to receive Electronic Communications or to the use of electronic signatures in connection with any future transactions with us at any time. We will not charge you any fees for withdrawing your consent. If you decide you do not want to receive Electronic Communications or do not want to use electronic signatures in connection with any future transactions with us, you may withdraw your consent by contacting us via email at [email protected]. The legal effectiveness, validity, and enforceability of prior electronic disclosures and records will not be affected if you withdraw your consent. Regardless of the status of your consent, you agree that we may continue to communicate with you electronically with respect to any document, disclosure, or notice that is not required by law to be in writing. If you withdraw your consent to receive Electronic Communications electronically, it will significantly slow the speed at which we can deliver services to you.

Updating Your Contact Information.

You must keep us informed of any change in your e-mail address and mailing address. You may update such information by logging into the App and providing the updated information. By clicking the link and assenting to these terms, you confirm that:
  • Your computer or device meets the hardware and software requirements described above;
  • You can access and read this Consent for Electronic Communications;
  • You can print on paper this Consent for Electronic Communications or save or send it to a place where You can print it, for future reference and access;
  • Until or unless you notify us as described above, you consent to receive and execute exclusively through electronic means all Electronic Communications that we are required to provide or make available to you during the course of your relationship with us; and
  • You consent to do business electronically with us and to receive, view, and sign the Electronic Communications electronically.