ESIGN Consent to Use Electronic Records and Signatures
We want to ensure you have all of the information you need to effectively manage your accounts. Our
goal is to provide you with as many options as possible for receiving your account documents. We are
required by
law to give you certain information “in writing” – which means you are entitled to receive it on
paper. We may
provide this information to you electronically, instead, with your prior consent. We also need your
general
consent to use electronic records and signatures in our relationship with you. So, before you use our
Electronic
Services you must review and consent to the terms outlined below. In this consent:
• "We," "us," "our" and "LendEase™ Financial" means Adir Financial LLC or any subsequent holder or
assignee of your
Account and any balances arising under it, and each and every current and future affiliate of Adir
Financial LLC.
• “You” and “your” means the person giving this consent, and also each additional account
owner,
authorized signer,
authorized representative, delegate, product owner and/or service user identified on any LendEase™
Financial Product
that you apply for, use or access.
• “Communications” means each disclosure, notice, agreement, fee schedule, statement, record,
document, and other
information we provide to you, or that you sign or submit or agree to at our request.
• “Electronic Service” means each and every product and service we offer that you apply for,
use,
administer or
access using the Internet, a website, email, messaging services (including text messaging) and/or
software
applications (including applications for mobile or hand-held devices), either now or in the future.
• “LendEase™ Financial Product” means each and every account, product or service we offer that
you
apply for, own,
use, administer or access, either now or in the future. LendEase™ Financial Products include
Electronic Services.
• The words “include" and "including," when used at the beginning of a list of one or more
items,
indicates that the
list contains examples – the list is not exclusive or exhaustive, and the items in the list are only
illustrations.
They are not the only possible items that could appear in the list.
1. Your consent to use electronic records and signatures; Choosing to receive
Communications
electronically or in
writing; Certain information must still be provided in writing.
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our
request, may be in
electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from
you as part of our
transactions with you.
Additional examples of electronic records covered by your consent include:
• This ESIGN Consent Disclosure and any amendments;
• Our service or user agreements for online access to our Electronic Services, and all
amendments to
any of these
agreements;
• All of the Communications related to any LendEase™ Financial Product, except for those
excluded by
the terms of this
ESIGN Consent Disclosure;
• All of the periodic account and activity statements, disclosures and notices we provide to
you
concerning your
LendEase™ Financial Products;
• Financial product disclosures, agreements, statements, product exchange confirmations,
service
notices regarding
accounts, products and services offered by or through LendEase™ Financial ancillary services;
• Any notice or disclosure regarding fees or assessments of any kind, including late fees,
overlimit
fees, accrued
interest charges and returned item fees;
• Notices of amendments to any of your agreements with us; and
• Other disclosures and notices that we are legally required to provide to you, or choose to
provide
to you in our
discretion.
Electronic Records may be delivered to you in a variety of ways. These various delivery methods are
described in our
service and user agreements for online access and in other agreements we may have with you from time
to time. In some
cases, you will be able to choose whether to receive certain Communications electronically, or on
paper, or both. We
will provide you with instructions on how to make those choices when they are available.
We may always, in our sole discretion, provide you with any Communication in writing, even if you
have chosen to
receive it electronically.
Sometimes the law, or our agreement with you, requires you to give us a written notice. You must
still provide these
notices to us on paper, unless we specifically tell you in another Communication how you may deliver
that notice to
us electronically.
There are certain Communications that by law we are not permitted to deliver to you electronically,
even with your
consent. So long as required by law, we will continue to deliver those Communications to you in
writing. However, if
the law changes in the future and permits any of those Communications to be delivered as Electronic
Records, this
consent will automatically cover those Communications as well.
2. Your option to receive paper copies.
If we provide Electronic Records to you, and you want a paper copy, you may contact the appropriate
customer service
unit and request a paper version. You will find the appropriate contact information in the account
statement or
agreement for the LendEase™ Financial Product related to the Electronic Record. You may have to pay a
fee for the
paper copy unless charging a fee is prohibited by applicable law. Please refer to the applicable
agreement for any
fee that may apply for paper copies.
3. Your consent covers all LendEase™ Financial Products; Privacy Policies.
Your consent covers all Communications relating to any LendEase™ Financial Product. Your consent
remains in effect
until you give us notice that you are withdrawing it.
From time to time, you may seek to obtain a new LendEase™ Financial Product from us. When you do, we
may remind you
that you have already given us your consent to use Electronic Records and signatures. If you decide
not to use
Electronic Records and signatures in connection with the new product or service, your decision does
not mean you have
withdrawn this consent for any other LendEase™ Financial Product or service.
4. You may withdraw your consent at any time; Consequences of withdrawing consent; How
to give
notice
of withdrawal.
You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of
consent may
result in the termination of:
• your access to our Electronic Services, including online account information, and
• your ability to use certain LendEase™ Financial Products.
Your withdrawal of consent will become effective after we have had a reasonable opportunity to act
upon it. If you
are receiving online account statements, the termination will cause paper statements to be mailed to
you via the U.S.
Postal Service or other courier. Depending on the specific LendEase™ Financial Product, if you
withdraw consent we may
charge higher or additional fees for that product or for services related to it. Please refer to the
applicable
agreement for any fee that may apply.
To withdraw your consent you must:
• Contact Customer Service at 1-866-530-4568.
• Mail notification to: 1605 W. Olympic Blvd., Suite 700 Attn Customer Service Dept., Los
Angeles, CA
90015.
• Email notification to: customerservice@iLendEase.com
5. You must keep your email, electronic address and mobile telephone number current
with us.
You must promptly notify us of any change in your email, mobile telephone number, or other electronic
address. You
may change the email address or mobile telephone number on record for you by going to the LendEase™
Financial Finance
page (Settings, My Profile menu options) within your online service and updating your contact
information. There may
be other, special LendEase™ Financial Products for which we provide separate instructions to update
your email, mobile
telephone number or other electronic address.
6. Hardware and software you will need.
To receive Electronic Records, you must have access to:
• a Current Version of an Internet browser we support,
• a connection to the Internet,
• a Current Version of a program that accurately reads and displays PDF files (such as free
versions
of Adobe Acrobat
Reader or Foxit Reader), and
• a computer and an operating system capable of supporting all of the above. You will also need
a
printer if you wish
to print out and retain records on paper, and electronic storage if you wish to retain records in
electronic form.
You must also have an active email address and/or functioning mobile phone number. In some cases, you
may also need a
specific brand or type of device that can support a particular software application, including an
application
intended for particular mobile or handheld devices.
By “Current Version,” we mean a version of the software that is currently being supported by
its
publisher. The
following link includes more information on the browsers we currently support and related system
requirements:
Technical Requirements . (Note: If you click on the Technical Requirements link, be sure to come back
to this page to
finish reading this ESIGN Consent.)
You should check the Technical Requirements page occasionally for updates on supported software. From
time to time,
we may offer services or features that require that your Internet browser be configured in a
particular way, such as
permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly
configured, we
will provide you with a notice on how to update your configuration.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion,
it suffers from
a security flaw or other flaw that makes it unsuitable for use with online account management.
7. Changes to hardware or software requirements.
If our hardware or software requirements change, and that change would create a material risk that
you would not be
able to access or retain your Electronic Records, we will give you notice of the revised hardware or
software
requirements. Continuing to use Electronic Services after receiving notice of the change is
reaffirmation of your
consent.
8. Your enrollment in Electronic Services using our equipment.
If you enroll for an Electronic Service through one of our customer service representatives or using
our equipment,
your enrollment may not be complete until you take additional action. We will advise you, at the time
of your
enrollment, of any additional action you must take. If you take the required action, it is an
affirmation of your
consent to use electronic records and signatures under the terms of this ESIGN Consent.
9. Communications in languages other than English.
Please note, we may be unable to fulfill and service LendEase™ Financial Products in a language other
than English.
Future Communications may be in English only. If you are not fluent in English, you may contact
LendEase™ Financial
Customer Service to request Future Communications in Spanish or taking other steps to ensure you
understand the
transaction before entering into it.
By providing your consent, you are also confirming that you have the hardware and
software
described
above, that you
are able to receive and review electronic records, and that you have an active email account. You
are
also confirming
that you are authorized to, and do, consent on behalf of all the other account owners, authorized
signers, authorized
representatives, delegates, product owners and/or service users identified with your LendEase™
Financial Products.
