Customer E-Consent Agreement

ViviaFi

CONSUMER CONSENT TO USE ELECTRONIC SIGNATURES, DOCUMENTS, RECORDS AND COMMUNICATIONS
Updated November 6th, 2023

BEFORE VIEWING OR USING ANY PART OF [COMPANY NAME] (“COMPANY”) WEBSITE, CONTRACT, AGREEMENT, MARKETING, OR ANY PRODUCT OR SERVICE OF COMPANY, YOU MUST REVIEW AND CONSENT TO THE BELOW DISCLOSURE. PLEASE READ THIS NOTICE CAREFULLY BEFORE GIVING YOUR CONSENT AND PRINT, EMAIL, OR SAVE A COPY FOR YOUR RECORDS.

WE MAKE NO REPRESENTATIONS AS TO WHAT, IF ANY, COMMUNICATIONS YOU WILL RECEIVE FROM ANY THIRD PARTIES YOU AGREE TO RECEIVE COMMUNICATIONS FROM, OR IF THIS NOTICE IS EFFECTIVE FOR SUCH COMMUNICATIONS. THE OWNER OF THIS WEBSITE GENERALLY AND SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR USE OF THIS E-CONSENT DOCUMENT.

Overview

Certain laws require us to provide disclosures in writing, please read this information carefully and retain, print, or request a copy in writing. According to the Electronic Signatures in Global and National Commerce Act, we may provide such disclosures to you electronically if we first present this notice and obtain your consent to receive electronic documents in relation to your loan application and approval process, or any other service or product we, or one of our vendors, may offer from time-to-time.

By submitting a loan application, or any other request for services or products, you consent to use electronic signatures (“e-Sign”) and you consent to receive all disclosures, agreements, records, messages, and other information in electronic form (collectively ”Electronic Communications”). “Consent” means both your e-Sign consent and your Electronic Communications consent. Your consent covers all required and informational disclosures in connection with your loan application, and may include:

the Promissory Note, Security Agreement, and Disclosure;
the Truth-in-Lending Disclosure as part of the Promissory Note, Security Agreement, and Disclosure;
the disclosures required by the Military Lending Act;
annual privacy notices;
approval letters;
adverse action notices;
payment reminders;
billing statements;
any other information or communications regarding your loan.

In addition to loan documents, other types of Electronic Communications includes both documents that we have a legal obligation to deliver in writing as well as documents that we have the option to deliver in any form we choose, and those required by laws and regulations such as:

State supervised loan laws.
Equal Credit Opportunity Act and Regulation B.
Electronic Funds Transfer Act and Regulation E.
Gramm-Leach-Bliley Act and Regulation P.
Fair Credit Reporting Act and Regulation V.
Truth in Lending Act and Regulation Z.
Servicemembers Civil Relief Act.

Scope and Duration of Consent

By providing your consent, you agree that your electronic signature on a document has the same legal effect as your traditional wet ink signature. Similarly, you agree that your receipt of Electronic Communications has the same legal effect as your receipt of communications in paper form.

Your Consent applies to all present and future transactions, and any products or services you may seek now or in the future with us or with any third-party vendors we may work with. Your Consent will remain effective until and unless you withdraw it. You may withdraw your Consent at any time.

Hardware and Software Requirements

We do not officially support a specific operating system or particular browser. To electronically sign, access, view, and retain copies of the electronic disclosures, you must have access to:

a current version of an internet browser that supports 128-bit encryption such as later versions of Google Chrome, Microsoft Internet Explorer, Microsoft Edge, Apple Safari, or Mozilla Firefox.
A personal computer, laptop computer, mobile phone, tablet, or any other device capable of connecting to the internet.
A connection to the internet.
A current version of a program that reads and displays PDF documents such as Adobe Reader.
A printer, if you wish to print your disclosures.
Sufficient electronic storage capacity, if you wish to retain disclosures and notices in electronic form.
Active email address, with spam-filter settings adjusted to avoid diverting our emails from your inbox (i.e., you should add us as a contact).
Operating system capable of supporting all of the software listed above.

If you do not have this hardware and software, then you may not use the Site because you cannot provide Consent under applicable laws specifically, the federal Electronic Signatures in Global and National Commerce Act, and the Uniform Electronic Transactions Act (“UETA”).

Mobile Device Requirements

If you use a mobile device, you must have a mobile device running on either iOS 9.0 or later or Android OS 6.0 (Marshmallow) or later. Your mobile device must have internet access with a compatible browser and a mobile device version of a PDF reader installed on it. If you do not have a reader installed on your device, you can download PDF readers for free at the app store respective to your mobile device.

Note: All products accessed on your device’s app store are an external third-party app store that is not owned, operated, or encouraged by Company. Company does not provide, and is not responsible for, the product, service, overall website content, security, or privacy policies on any external third-party app store.

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 loan documents such as a promissory note, security agreement, any disclosures, and other notices, you may contact us to request a copy free of charge by calling us at 1-866-268-2773 or emailing us at customerservice@viviafi.com. Continuing to use our mobile and online lending channels after receiving notice of our revised hardware and software requirements will be reaffirmation of your consent to receive electronic disclosures with us.

Printing, Saving, Emailing and Requesting Electronic Disclosures

You may print, save, or email a copy of this e-Sign agreement and other related notices. You may request paper copies of these disclosures by calling us at 1-866-268-2773 or emailing us at customerservice@viviafi.com. There is no fee for requesting paper copies of these disclosures.

Accessing Electronic Communications

We deliver Electronic Communications by posting them in your consumer portal, to your account, by email to your most recent email of record, or on our website, whichever is applicable based on the specific communication. By sending you an email alerting you that an Electronic Communication is available online, that notice has the same legal effect as our delivering the communication in paper form, regardless of whether you actually review the communication online. All Electronic Communications will be delivered in a form you can either print or download for your records.

Update Contact Information

You agree to provide us with a true, accurate, and complete email address and other contact information related to this e-Sign agreement, and any other disclosure or agreement with us, and to update promptly any changes to that information. You can update your information through your customer portal, account login, or by calling us at 1-866-268-2773 or emailing us at customerservice@viviafi.com. If you have an account or services through any third-party or vendor that you were connected to by means of your business relationship with us, it is your responsibility to contact that third-party or vendor directly to update any contact information.

Change to Your Contact Information. You can notify any third-party directly of any change in your electronic address or mailing address.

Refusal of consent

If you do not wish to provide your consent, this will prevent you from proceeding further with any online product or service that requires electronic consent to proceed online. You have the option of continuing via paper by requesting paper copies of the attestation, related policies and procedures, printing, signing and returning executed versions of the same.

Withdrawal of Consent

You may withdraw your consent for electronic disclosures at any time. In the event you withdraw your consent, Company will update any records we have, and all notices will be mailed to you via the last address on file. You may withdraw your consent by contacting us at:

Phone: 1-866-268-2773
Website: https://www.viviafi.com/contact-us/
Email: customerservice@viviafi.com
Mail: Finsana, LLC DBA Vivia Finance
40 east main St., Suite 147
Newark, DE, 19711

Changes to This Agreement

Company reserves the right to change or terminate this agreement at any time. Company will only notify you of changes to this agreement that are required by law. All changes will be maintained on our website, and you are expected to review the agreement periodically for any changes that are not otherwise sent to you.

Statement of Consent

CONSENT. BY CONTINUING TO USE THIS WEBSITE, SUBMIT A FORM OR APPLICATION, AND PROVIDE YOUR INFORMATION FOR OUR SERVICES, YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING OR USING THIS WEBSITE, THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR RECEIVE THIS SERVICE OR CONNECTION ELECTRONICALLY.