Communications: The word “Communications” in these Mobile Terms includes, but is not limited to:
Legal and regulatory disclosures and notices associated with a loan, a loan application, an account or an account application;
Documents that evidence a loan or account or the assignment or pledge thereof;
Periodic statements related to a loan or account;
Communications between (x) a lender and (y) a borrower or a loan or account applicant;
Communications and agreements related to the Site and its usage;
Postings and other material made available to you on the Site; and
Privacy and security policies and notices.
Consent: By agreeing to the Mobile Terms, you agree that all Communications from us relating to your loan, your application for a loan and/or the use of or access to the Site may be provided or made available to you electronically by email, text messaging, “in-app” messaging or by posting a Communication on the Site, and that you can access the Communications in the designated formats described below. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us and our agents concerning your loan, loan application and Site usage and access. You agree that all Communications will be considered “in writing.” You also agree that we may assign your consent to any entity that may purchase your loan from us.
Requesting Paper Copy of Documents: If you ask us by contacting us as described below, we will send you a free paper copy of any Communication. We will retain copies of Communications for the time period required by law and will provide you with a copy upon request within those time periods. We may elect to not retain copies for longer than is required by law. Save or print copies of Communications to ensure you have them if needed.
Our Right to Send Paper: We reserve the right to provide Communications to you in paper form in our discretion even if you have given us consent to provide them electronically. For example, but without limitation, we may do this if we have a system outage, if we suspect fraud or if for any reason your designated email address or mobile phone does not accept emails or texts, respectively, from us.
Hardware and Software Requirements: To access and retain the Communications electronically, you will need to have access to the Internet, an email account and related software capable of receiving email through the Internet, a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Firefox 3.0 or above, or the equivalent software, Adobe Acrobat and hardware capable of running that software. Your access to the Mobile Terms verifies that your computer has the system, browser and Internet access necessary to review Communications in an electronic format online.
Telephone Consumer Protection Act Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Mobile Technology Requirements: If you are accessing the Site or the Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print or save the Communications presented to you during the application and loan process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access the Site through a device that provides these capabilities.
Withdrawing Consent: You may withdraw your consent to receive Communications electronically by contacting us as described below. If you withdraw your consent, your withdrawal will not affect the legal validity and enforceability of any loans you have obtained from us, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. We will then send you any future Communications by mail or other non-electronic means.
Changes to Your Contact Information: Please tell us by contacting us as described below if you change your email or mailing address so that you continue to receive all Communications without interruption.
How to Contact Us: You can contact us by email at email@example.com or by writing to us at Lenny Loans Inc., 1447 2nd Street Suite 200, Santa Monica CA 90401, Attn: Compliance.
By agreeing to these Mobile Terms, you acknowledge that you can access and store or print the electronic Communications in the designated formats described above, and you consent to having all Communications provided or made available to you in electronic form and to doing business electronically on or through the Site with us and our agents. In addition, you agree that we may assign your consent to any entity that may purchase your loan from us.