Esign Consent To Use Electronic Records and Signatures
You have options for receiving documents and information from us. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We need your consent in order to provide you this information electronically, instead. We also need your general consent to use electronic records and signatures in our relationship with you.
In this Consent, the words "we," "us," and "our" means Happy Money, Inc. DBA Payoff, and each and every current and future affiliate of Happy Money, Inc., and also its Lending Partners. The words "you" and "your" means the person giving consent and any authorized representative of that person. “Communications” means each disclosure, notice, agreement, undertaking, fee schedule, periodic statement, record, document or other information we provide to you, or that you sign or submit or agree to at our request.
1. Your Consent. You agree that any of the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you on any Communication. Your consent applies to Communications for all accounts, transactions, products and services we now, or in the future, may make accessible or available to you electronically, whether through a website, software application, email, messaging services (including text messages for which you may be charged by your telecommunications service provider), or otherwise. Your consent includes, but is not limited to, Communications provided in connection with:
- Applying for or opening an account or obtaining a product or service.
- Servicing, maintenance, use, operation or closing of an account or product or service.
- Performing transactions or obtaining information on an account or in connection with a product or service.
All Communications that we provide to you in electronic form will be delivered either (1) on a website we maintain or utilize for the purpose of conducting business with you, (2) via e-mail, (3) via a software application, or (4) by your accessing a website that we will designate in an e-mail, text message or other electronic notice we send to you at the time the Communication is available.
From time to time, you may seek to obtain a new product or service 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 product or service.
We may always, in our sole discretion, provide you with any Communication on paper, even if you have authorized electronic delivery. 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 tell you how to deliver the notice to us electronically. You will continue to receive all tax statements from us on paper unless we request, and you provide, a separate specific consent for electronic delivery of tax statements.
2. How to Withdraw Consent. You may withdraw your consent at any time by contacting us at
email@example.com or by regular mail at:
Happy Money Inc. DBA Payoff
1700 Flight Way, Suite 300
Tustin, California 92782
Attention: Member Experience
Withdrawal of consent may result in the termination of your access to our electronic services, including the Payoff Platform, and your ability to use certain products and services. 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 product, if you withdraw consent we may charge additional fees for that product or for services related to it. Please refer to the applicable agreement for any fee that may apply.
The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through the Payoff platform, or any Communications provided or business transacted between us prior to the time you withdraw your consent. With respect to pending loans on which you are a borrower entitled to rewards, we will send you any further Communications by mail or other non-electronic means.
3. How to Update Your Contact Information. It is your responsibility to provide us with accurate and complete e-mail address and other contact information, and to maintain and update promptly any changes in this information. You can update your contact information at any time by logging into your account on www.payoff.com and updating your contact information. If you have given us another type of electronic address, such as an electronic address or mobile phone number for SMS text messages, you may also change that address. There may be other, special products or services for which we provide separate instructions to update your email or other electronic address.
4. Hardware and Software Requirements. To receive electronic Communications, you must have access to:
- a Current Version (defined below) of a browser we support,
- a connection to the Internet,
- a Current Version of a program that accurately reads and displays PDF files, 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.
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.
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 electronic Communications, we will give you notice of the revised hardware or software requirements and will allow you to withdraw consent without imposing any fees. The withdrawal of consent may result in the termination of your access to our electronic services, including the Payoff Platform, and your ability to use certain products and services. Continuing to use this service after receiving notice of the change is reaffirmation of your consent.
5. Requesting Paper Copies. You can obtain a paper copy of any Communication we provide to you electronically by printing it yourself or by requesting that we mail you a paper copy. You will find the appropriate contact information in the account statement or agreement for the product related to the electronic Communication. You may have to pay a fee for any paper copy you request from us unless charging a fee is prohibited by applicable law. Please refer to the applicable agreement for any fee that may apply for paper copies.
6. Retaining copies. We encourage you to print or download for your records a copy of all electronic Communications, as well as this ESIGN Consent disclosure and any other document that is important to you.
7. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
By electronically agreeing to this document, you are consenting to the use of electronic records and signatures in our relationship with you, and 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 and the ability to access and view PDF files. You are also confirming that you are authorized to, and do, consent on behalf of all of your co-applicants and co-owners of any product or service we provide to you.