Last Updated: November 20, 2023
Please read this ESIGN Consent carefully and retain a copy for your records.
From time to time, we may be required by law to provide certain Records to you in writing. Described below are the terms and conditions under which we may provide such Records to you electronically instead of as a paper document.
Please read the information below carefully and thoroughly and, if you can access this information electronically to your satisfaction and agree to this ESIGN Consent, please confirm your agreement by selecting the check-box next to “Yes, you agree that you reviewed and consent to the terms of the ESIGN Consent.”
“We,” “us,” and “our” mean Fundshine, Inc. and any of its service providers, agents, successors or assigns.
“You” and “your” mean the person giving this consent.
The “Records” covered by this ESIGN Consent include all inquiries, applications, loan agreements and disclosures, 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 loan; your payments and payment authorizations; our privacy notices; billing notices and 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.
2. Scope of Consent
You agree to have all Records sent to you electronically (1) via email, or (2) by access to this website or to a link that is provided to you in an e-mail notice which is sent to you when the information is available, or (3) to the extent permissible by law, by access to a website designated by us in advance for such purpose. Whether or not you choose to view the Records, you agree that all Records provided electronically have the same meaning and effect as if paper Records were provided to you. This Consent will be effective until you tell us that you no longer want to receive Records electronically by sending notice in the manner described in Section 4 below.
You also agree that you will sign the Records with electronic signatures that will consist of clicking on buttons or checking boxes where indicated. For this purpose, 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 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.
3. Email Address
You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by visiting the “Settings” section of our website.
You understand and agree that if we send you a Record, but you do not receive it because your primary email address on file or mobile phone number is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Records, we will be deemed to have provided the Record to you
If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add fundshine.com to your email address book so that you can receive Records from us.
4. Obtaining Paper Copies
You may print copies of the Records from your computer or other access device if you are using that access device for this transaction. At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print Records we send to you during and immediately after the signing session. 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. You may request delivery of such paper copies from us by emailing us at email@example.com. In the body of such request, you must state “please send me paper copies of documents previously provided by Fundshine to me electronically,” and also state your email address, full name, mailing address, and telephone number. We will notify you of and bill you for any fees at that time, if any.
Your request for a paper copy of any Record will not, by itself, mean you have withdrawn your prior consent to receive Records electronically.
5. Withdrawing Consent
If you complete your transaction with us, you understand that you have the right to withdraw your consent to use Records in the future. You can withdraw consent to receive Records electronically by emailing us at firstname.lastname@example.org. In the body of such request, you must state “I no longer wish to receive documents in electronic format”, and also state your email, full name, mailing address, and telephone number. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive Records.
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.
Any withdrawal of your consent to receive electronic Records will be effective only after we have a reasonable period of time to process your withdrawal. If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use our platform to receive required notices and consents electronically from us or to sign electronically documents from us. If you withdraw your consent, you also may not be able to use certain online functionality or complete actions with respect to online payments.
6. Hardware and Software You Will Need
You must have the following listed items and features in order to receive and sign Records electronically, to print copies of the Records, and to retain electronic copies of the Records:
a. Either an internet connected iPhone or Android device capable of running recent versions of Chrome or Safari; or, a personal computer or other device capable of accessing the internet and sending and receiving email.
b. Internet access through a browser that supports at least 256-bit encryption
c. Any software application that allows you to open, read, and save or print documents in the PDF format—for example, a recent version of Adobe Acrobat Reader
d. Recent versions of Chrome, Firefox, Edge, or Safari on a rolling basis
e. A valid email address
f. Access to a printer
As permitted by and in accordance with applicable law, we reserve the right to discontinue support of any software for any reason, including, without limitation, our opinion that it suffers from a security or other defect that makes it unsuitable for use with our website. We always reserve the right, in our sole discretion, to communicate with you by mail.
7. Multiple Access Devices
Your acceptance of this ESIGN Consent on one computer or other access device is also your acceptance on all access devices you use. For example, if you view and accept this ESIGN Consent on a mobile device, the terms of this ESIGN Consent will apply to Records accessed on a traditional computer (or vice versa). Additionally, by viewing and accepting this ESIGN 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 another access device is a reaffirmation of your agreement to this ESIGN Consent.
8. How to Contact Us
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, to withdraw your prior consent to receive notices and disclosures electronically, by contacting us by email at email@example.com.
You agree that whenever possible each provision of this ESIGN Consent shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this ESIGN Consent shall be found to be prohibited by or invalid under applicable law, you agree that such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remainder of such provision or the remaining provisions of this ESIGN Consent.
10. Electronic Delivery of Records and Use of Electronic Signatures
To confirm to us that you can access this information electronically, which is in a format similar to other electronic Records that we may provide to you, please confirm that you have read this ESIGN Consent, and (i) that you are able to print on paper or electronically save this ESIGN Consent for your future reference and access; or (ii) that you are able to email this ESIGN Consent to an email address where you will be able to print on paper or save it for your future reference and access.
By selecting the check-box next to “Yes, by selecting this box, you agree that you reviewed the ESIGN Consent, you confirmed that you have all hardware and software required to save or print all electronic Records, and you consent to use of electronic Records and signatures under the terms described”, you consent and agree that:
a. You can access and this ESIGN Consent;
b. You can print on paper this ESIGN Consent, or save or send it to a location where you can print it, for future reference and access;
c. 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.
d. You provided us with a correct and current email address where we may send electronic Records to you;
e. Your electronic signature on any Record has the same effect as if you signed it in ink;
f. Your electronic signature for any 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.
g. Your computer or other access device meets the specifications and requirements listed above, and that your computer or device permits you to access and retain Records electronically.
h. Your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.