Electronic Communications Disclosure
Please read this Electronic Communications Disclosure (“eCommunications Disclosure”) thoroughly – It contains important information about your legal rights. This eCommunications Disclosure covers all of your accounts, products, and services with LoanBot, LLC and their affiliates and nonaffiliate partners (collectively, “we”, “us”, and “our”) accessible, either currently or in the future, through online mortgage services (whether accessed through a personal computer or mobile device, our websites, mobile apps, or other electronic means. The words “I”, “you” and “your” mean each account holder, product owner and/or service user identified on an account, product or service.
(1) Your Legal Rights
Certain laws and regulations require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this eCommunications Disclosure and obtain your consent to receive the information electronically. Your consent will also apply to any other person named on your account, product or service, subject to applicable law. Since certain of our accounts, products or services are provided online and use electronic means to deliver some of this information, you must consent to this eCommunications Disclosure in order to use these services. At times, we may still send you paper communications, but as a basic proposition we need to know that you are willing to receive communications electronically that we may otherwise be required to provide on paper and that you have the hardware and software needed to access to this information (and note that in Section No. 3 below, we explain how you may be able to obtain selected disclosures or other information on paper even after you have consented to this eCommunications Disclosure).
(2) Types of Electronic Communications You Will Receive
You understand and agree that we may provide to you in electronic format only, such as by posting the information on the website or mobile app where you access your accounts, products or services, through e-mail (if applicable and if you have provided a valid e-mail address), through SMS or push notifications, or through other electronic means, agreements, disclosures, notices, and other information and communications regarding your accounts, services and products, the use of our websites or our other electronic services, your relationship with us, and/or other programs, products or services that are or may be in the future made available to you (collectively, “Communications”). Such Communications may include, but are not limited to:
• This eCommunications Disclosure and any updates;
• The service or user agreements for access to our websites, apps, or other electronic services, all updates to these agreements and all disclosures, notices and other communications regarding transactions you make through websites or our other electronic services;
• Disclosures, agreements, notices and other information related to the initiation, maintenance, or operation of an account, product or service including, but not limited to, account agreements, fee schedules or other disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act or other applicable federal or state laws and regulations;
• Notifications of mortgage loan status including but not limited to email, SMS, and or push notifications;
• Alters or notifications of customer action required for mortgage processing;
• Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to accounts, products or services you obtain from us;
• Our Privacy Notice and other privacy statements or notices (by posting such notices on our website);
• Certain information or forms that we request from you and ask you to submit electronically, such as e-signatures, tax forms, bank statements, or other mortgage related documents.
(3) Setting Your Electronic Communications Preferences
After you consent to this eCommunications Disclosure, you may still be able to set your preferences to receive certain categories of Communications in (1) both electronic and paper format; (2) electronic format only; or (3) paper format only. Setting your Communications preferences may not be available for all products, accounts or services. For more information on the availability of your electronic communications preference management options, please refer to the LoanBot, LLC website. If you decide to receive some Communications in paper and some electronically, the Communications that you receive electronically will be governed by this eCommunications Disclosure.
(4) Types of Communications You Will Receive in Paper
This eCommunications Disclosure does not apply to any communications that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form. Such communications shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.
(5) Hardware and Software Requirements
For Online and Mobile Services:
Most Communications provided within our websites are provided either in HTML and/or PDF format. For Communications provided in PDF format, Adobe Reader 6.0 or later versions is required – A free copy of Adobe Reader may be obtained from the Adobe website at www.adobe.com.
In certain circumstances, some Communications may be provided by e-mail or SMS text message. You are responsible for providing us with a valid e-mail address and or mobile telephone number to accept delivery of Communications. At our option, we may also post the email or SMS text message Communications within our websites. In this situation, you agree that once we email and or SMS text message the Communications to you and post them within our websites, that we have delivered the Communications to you in a form that you can retain.
To print or download Communications you must have a printer connected to your device or sufficient hard-drive or other storage space to store the Communications.
(6) How to Withdraw Your Consent to this eCommunications Disclosure
Subject to applicable law, you may withdraw your consent to this eCommunications Disclosure by calling the appropriate toll-free customer service phone numbers. Please access the “Contact Us” link on the applicable website where you access your Communications to find the appropriate phone number. You will not be charged a fee for withdrawal of your consent.
For online services, if you withdraw your consent to this eCommunications Disclosure, we may stop providing you with Communications electronically and we may terminate your online service access. Your consent shall remain in force until withdrawn in the manner provided in this section.
Remember that you may be able to set your Communications preferences as described in Section 3 above without withdrawing your consent to this eCommunications Disclosure.
(7) Consent Coverage; Certain Notices From You Are Not Covered.
Applicable law or contracts sometimes require you to give us “written” notices. You must still provide these notices to us on paper. Your consent here does not relate to those notices.
(8) Obtaining Copies of Electronic Communications.
You may print or make a copy of Communications by using the “Print” button (or otherwise using your printing functionality) or saving a copy – do this when you first review the Communications because after submission we do not necessarily keep them all in a place that you can access. For certain products, accounts, or services, we will, upon request, provide you with a paper copy of any Communications provided electronically by us to you pursuant to this eCommunications Disclosure, provided we receive your request within 12 months after the date the Communication was first made available to you electronically. You may request a paper copy of these Communications by calling us at the appropriate toll-free customer service phone number for your account, product or service. Please refer to the “Contact” link on the LoanBot, LLC website to find the appropriate customer service phone number.
Be sure to specify your account, service or product identification number, as applicable, the specific Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of the Communications.
(9) Updating Your Contact Information
In the event that your e-mail address or other contact information is changed, you must notify us of such changes immediately by calling the appropriate toll-free customer service phone number listed on the LoanBot, LLC website and communicate the contact information changes.
If you fail to update or change an incorrect or invalid e-mail address or other contact information, you understand and agree that any Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our websites, e-mailed to the e-mail address we have for you in our records, or delivered through other electronic means.
(10) Retain Copies for Your Records