Consent to Use Electronic Records and Signatures and Communications Authorization
As used in this Consent to Use Electronic Records and Signatures and Communications Authorization (the “ESIGN Consent”), the terms “us,” “our,” and “we,” shall mean D5 Cash (dba Earnifi) and each of our owners, officers, employees, agents, service providers, or affiliates. The terms “you,” and “your,” shall refer to the natural person who is agreeing to this ESIGN Consent in connection with obtaining or requesting a loan or any other services from us.
To open and maintain an Online Account on our Website and/or to obtain Services from us, you must agree to provide your signature on certain legally binding agreements in an electronic form, rather than by physically signing such agreements using pen and paper. Similarly, you must agree that we may provide various notices or disclosures that we are required by law to provide to you “in writing” by sending them to you electronically.
As such, you acknowledge and agree to the following:
- You consent to the use of electronic signatures in connection with the Services. Together, electronic signatures and communications of required disclosures or notices shall be referred to in this ESIGN Consent as “Electronic Records.” We may obtain an electronic signature from you in various ways, including, but not limited to, by asking you to click on a link, image, or button on our website. We will always clearly disclose to you when any electronic action you take is intended to serve as your electronic signature.
- You also agree that any communication, disclosure, or agreement that must be in writing may be communicated to you and/or conducted electronically. Examples of notices that we may provide to you electronically include, but shall not be limited to, providing copies of any payment authorizations or confirmations, or providing you with any notices relating to the privacy or security of any account that you maintain with us.
- You agree that we may transmit Electronic Records to you in any reasonable manner, including, but not limited to, making them available on our website or through a mobile application, emailing them to the email address you used to open your Online Account, or emailing them to your last known email address.
- Nothing contained in this consent obligates us to communicate with you electronically or to conduct any transaction electronically. At our sole discretion, we may choose to send you any required notices on paper rather than electronically and to require that you physically sign any agreements that may require your signature.
- This ESIGN Consent applies to each of the agreements between you and us, to all Services that you request from us, even if we do not agree to provide such Service to you, and all our interactions and dealings with you that arise from or relate in any way to any of our Services.
- If you choose not to agree to this ESIGN Consent we may, at our sole discretion, stop providing our Services to you, and/or impose additional charges or fees in connection with our Services. Your use of our Services will be subject to the applicable contract or Terms and Conditions notwithstanding any rejection or revocation of this ESIGN Consent by you. If you reject or revoke this ESIGN Consent in connection with one of our Services, such rejection or revocation shall apply only with respect to such Service and not to our other Services, unless you expressly state otherwise.
- You may revoke this ESIGN Consent at any time by email at noreply@earnifi.com. Your revocation of consent will be effective after we receive it and have a reasonable period of time to act on it.
- To the extent that any written communication that you submit to us imposes any obligation on us to take any action, you understand and agree that this ESIGN Consent does not apply to such requirement. You must submit any such communication to us in writing even if you have agreed to this ESIGN Consent.
- Because we will communicate with you electronically, you must notify us of any changes to your email address as soon as you can.
- You may request paper copies of any Electronic Record by submitting a request to the email noreply@earnifi.com. Unless prohibited by applicable law, we may charge you a fee to provide you with paper copies of any Electronic Records that you request.
- To enter into this ESIGN Consent, you must have access to the internet and a computer, mobile telephone, or other electronic device capable of running a recent version of any of the following internet browsers: Microsoft Edge, Apple Safari, or Mozilla Firefox. If you wish to save any Electronic Records, you must have sufficient storage capacity in your device to do so. If you wish to print any Electronic Records, you must have access to a printer that is capable of doing so. You must also have access to a valid electronic email address that you are authorized to use to receive Electronic Records. By continuing to use your Online Account or any of our Services after we notify you of any changes to our hardware or software requirements, you will be consenting to this ESIGN Consent as amended to incorporate such changed hardware or software requirements.
By Accepting and Agreeing to this ESIGN Consent, you certify that you have access to hardware and software that meets these requirements.
By clicking the Sign Up button you are accepting this agreement.