E-Signature and Records

Notice and Consent Agreement for Electronic Signature and Record Retention

Introduction

If you choose to apply for a loan through Lendmark Financial Services, LLC or any of its affiliates and subsidiaries (hereinafter collectively referred to as “Lendmark,” “we,” or “us”) we will provide you with certain written disclosures, applications, agreements, notices or information (“Required Documents”) related to your loan transaction with us.

Pursuant to the federal E-SIGN Act and related state laws, Lendmark may, with your consent, allow you to sign and deliver to you any Required Documents electronically. Therefore, you should review the terms of this Consent Agreement for Electronic Signature and Electronic Delivery of Documents (“Agreement”) prior to giving your consent and retain a copy of this Agreement for your records.

If you do not want us to send you Required Documents electronically or you do not want to sign any Required Documents using electronic signature in connection with your transaction with us, you should not agree to the terms of this Agreement.

Your consent to this Agreement does not mean that Lendmark must provide all Required Documents to you electronically. Lendmark may provide you with paper copies of Required Documents as it deems appropriate.

Your consent to this Agreement will apply to the general use of electronic signatures and electronic delivery of Required Documents to all of the transactions you have with us following the date you enter into this Agreement with us until such time that you withdraw consent, as provided herein.

System Requirements

To receive and retain the Required Documents we deliver to you electronically, you must have access to the following equipment:

  • A personal computer or mobile device with internet access and sufficient storage capacity.
  • A current version of a web browser such as the current major release of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari.
  • An active e-mail address.
  • Software that is capable of opening PDF files such as Adobe Acrobat Reader. You can download a free version of Adobe Acrobat Reader at https://get.adobe.com/reader/.
  • To retain a copy of the Required Documents we send to you electronically you must have the ability to print, download and/or store PDF files.

We will notify you about any significant system requirement changes that may materially impact your ability to access and/or retain any Required Information that is delivered to you electronically.

Right to Receive Printed Copies of Required Documents at No Additional Cost

If you consent to electronic delivery of the Required Documents, you may also request a paper copy of those Required Documents at no additional cost to you by sending us an e-mail at eservicing@lendmarkfinancial.com.

Right to Withdraw Your Consent

You may withdraw your consent to this Agreement by sending us an e-mail stating that you would like to withdraw from Lendmark’s Electronic Signature and Records Program at eservicing@lendmarkfinancial.com. Contacting your servicing Lendmark branch will not be sufficient. We will not charge you any fees for withdrawing consent, however, you will no longer receive any future “Required Documents” electronically. Your request to withdraw consent will become effective after we have had a reasonable amount of time to process your request. Please note that if you separately opt-in for electronic statements by registering for the Lendmark Mobile App or Online Customer Portal and you subsequently wish to receive paper statements, you must opt-out of electronic statements using the opt-out feature within the Lendmark Mobile App or Online Customer Portal. Opting out of electronic statements will not by itself constitute withdrawal of your consent to receive Required Documents electronically.

Updating Your Contact Information

If you consent to electronic delivery of Required Documents, we will send that information to you at the e-mail address you have provided to us. It is your responsibility for keeping your e-mail address updated. Therefore, if you change your e-mail address you must provide us with the new e-mail address by sending us an e-mail at eservicing@lendmarkfinancial.com. Contacting your servicing Lendmark branch will not be sufficient.

Electronic Communications

If you agree, we may contact you by e-mail to process your application, service your account, inform you about our financial products and services or other business purposes.

Consent

By clicking on the “I agree” box, you agree to the terms of this Agreement and consent to signing and receiving any Required Documents related to your transaction with us electronically. You further agree and confirm that you have access to the equipment and software outlined in the System Requirements listed above. You also agree that your electronic signature, where required, will have the same force and effect, and will bind you to all the terms and conditions within the “Required Documents” in the same manner and to the same extent as a handwritten signature.