Consent to Use Electronic Signatures and Receive Electronic Disclosures

 

As part of your relationship with Leap Finance Inc, we want to ensure you have all of the information you need to apply, and if approved, effectively manage your loans with us. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper.

 

Instead, we want to use electronic disclosures, records and signatures with respect to your application and later, in connection with our relationship with you (the “Electronic Signatures”). But, before we can use such Electronic Signatures, complete your application or allow you to use our electronic services, you must review and consent to the terms outlined below.

 

In this consent:

 

  • “LEAP” means Leap Finance Inc, its agents, and assignees
  • “You” and “your” means the person giving this consent, and includes any additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any LEAP Product or Electronic Service 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.
  • “LEAP Product” means each and every loan account, product or service we offer that you apply for, own, use, administer or access, either now or in the future that bears the LEAP brand.

 

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.

 

The Communications we provide to you, or that you sign or agree to at our request, will be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you. However, we reserve the right (at our sole discretion), to 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 you want a paper copy of any Electronic Record we provided you, you may print them from your computer or contact us and request a paper version. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.

 

3. Your consent covers all LEAP Products; Privacy Policies.

 

Your consent covers all Communications relating to this application or any LEAP Product. Your consent remains in effect until you give us notice that you are withdrawing it. In the future, we may offer you other LEAP products or services. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. Any decision you make regarding such new product or service, will not automatically apply to this Consent. Lastly, You agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.leapfinance.com, or, with prior notice to you, on another website where we offer Electronic Services.

 

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, and
  • your ability to use certain LEAP 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. If you withdraw consent we may charge higher or additional fees for that product or for services related to it.

 

5. You must keep your email current with us.

 

You must promptly notify us of any change in your email and mobile phone number for SMS text messages. You may change the email address and mobile phone on record for you by contacting us at contact@leapfinance.com.

 

6. Hardware and software you will need.

 

To receive Electronic Records, you must have access to:

  • an active email address
  • Current Version (defined below) 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 Adobe Acrobat 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.

 

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. You should periodically check for updates on such 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 and advice 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.

 

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. Communications in languages other than English.

 

Please note, we may be unable to fulfill and service LEAP Products in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future Communications in English.

 

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 any LEAP Product or Service.

 

Examples of electronic records covered by your consent include:

 

  1. 1. This ESIGN Consent Disclosure and any amendments;
  2. 2. Our Online Access Agreement, other service or user agreements for online access to our Electronic Services, and all amendments to any of these agreements;
  3. 3. Your Credit Agreement for your LEAP loan and all disclosure statements applicable to your loan;
  4. 4. All of the periodic account and activity statements, disclosures and notices we provide to you;
  5. 5. Any notice or disclosure regarding fees or assessments of any kind, including any late or NSF fees;
  6. 6. Notices of amendments to any of your agreements with us; and
  7. 7. Other disclosures and notices that we are legally required to provide to you, or choose to provide to you in our discretion.