Electronic Communications Consent Terms
November 18, 2024
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Introduction. In order for 1andFund, LLC (“we” or “us”) to find you offers from participating financing providers, the participating financing providers must obtain your consent to respond to certain offer requests or other communications electronically (“E-Consent”). These E-Consent Terms notify you of your rights when receiving electronic disclosures, records, notices, agreements, documents, statements, and other information (“Electronic Communications”). By submitting an application through the 1andFund lender portal, you acknowledge that you have received these E-Consent Terms and that you consent to conduct these transactions using Electronic Communications.
Your Legal Rights Regarding Electronic Communications. Various laws require us or participating financing providers to give you information in written form or to obtain your written agreement or direction on certain matters relating to these Transactions. We or participating financing providers may provide certain information to you electronically if you agree to this E-Consent.
Option for Paper or Non-Electronic Records. Participating financing providers are not obligated to provide a paper copy of any Electronic Communications unless you contact the participating financing provider directly and request them to do so. The participating financing providers will provide paper copies at no charge and will retain records of Electronic Communications, in each case as applicable law requires.
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Scope of Consent. This E-Consent applies to all online interactions concerning your offer requests, including interactions engaged in on any computer, mobile device or tablet, whether with us or with a participating financing provider. By signing up for our platform, you are consenting to have participating financing providers process your information and interact with you electronically. Participating financing providers may also electronically send you Electronic Communications related to your offer requests. Such Electronic Communications may be provided online at our or the participating financing providers’ websites, and may also be provided by e-mail.
Consenting to Do Business Electronically. Before you decide to do business electronically with the participating financing providers, you should consider whether you have the required hardware and software capabilities described below.
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Hardware and Software Requirements. To access and retain the Electronic Communications, you will need a recent-generation, widely-used device capable of accessing the Internet, access to a valid e-mail account with email software to communicate with us electronically and/or mobile phone number with texting capability, and an internet browser that supports 128-bit encryption with cookies enabled. To read certain documents, you also need a recent-generation, widely-used PDF file reader like Adobe® Acrobat Reader. To retain a copy of Electronic Communications for future reference, you will need an installed printer or a storage device with sufficient space, such as your computer’s disk drive. You may send any questions regarding the hardware and software requirements directly to the participating financing providers.
Withdrawing Consent. You may withdraw your consent to receive future Electronic Communications electronically by changing your settings on the 1andFund borrower portal, or by sending an email to support@1andfund.com with the subject line “Withdraw Electronic Consent” and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request. Your revocation of consent does not affect the validity of notices provided to you electronically before the revocation.
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Updates to Your Contact Information. If you choose to apply for an offer with a participating financing provider, you should keep the participating financing provider informed of any change in your e-mail or mailing address by logging into the participating financing provider’s website or by sending the participating financing provider a written update by mail. If you provide an incorrect email address or fail to update or correct your email address, an electronic Communication will be deemed provided to you if sent to the email address in the records for the electronic Communication.
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Electronic Signatures and Records. You agree that any Electronic Communications that you receive electronically pursuant to this E-Consent or any Transaction update you submit electronically will be enforceable without your physical signature and without being printed on paper. You agree that an electronic facsimile of your signature or your electronic agreement carries the full legal weight of a written signature and that any electronic signature, contract or other record relating to these Transactions or, without limitation, any other agreement or transaction with us or a participating financing provider, will be given full legal effect, validity and enforceability.
CONSENT. BY SIGNING UP FOR OUR PLATFORM, YOU GIVE YOUR AFFIRMATIVE ASSENT TO THESE E-CONSENT TERMS AND ACKNOWLEDGE THAT YOU ARE ABLE TO ACCESS AND RETAIN A COPY OF THE ELECTRONIC COMMUNICATIONS AS DESCRIBED ABOVE.