732-475-0083
info@cogofi.com
DISCLOSURE AND CONSENT TO ELECTRONIC RECEIPT OF COMMUNICATIONS
AND ELECTRONIC SIGNATURES
(ESIGN ACT CONSENT)
This ESIGN Act Consent (this “Consent”) is provided by CogoFi, Inc. (“CogoFi”), and, as applicable, its financial institution partners (“Partners”). The terms “we,” “us,” or “our” refer to each of CogoFi and Partners to the extent any of them provides a Product (as defined below) to you.
Please read this Consent carefully and thoroughly. By accepting this Consent, you affirmatively consent to the use of electronic Communications (as defined below), electronic records and electronic signatures when transacting business with us.
1. SCOPE OF YOUR CONSENT.
You consent to (i) transact electronically any time that you request, apply for, obtain, and/or receive any Products or engage in related transactions through us, (ii) receive in electronic format any related notices, disclosures, forms, policies, agreements, amendments, authorizations, acknowledgements, terms and conditions, statements, receipts and other documents and records (collectively, “Communications”), and (ii) sign or submit Communications and provide your signature electronically. This Consent shall be effective until you withdraw your consent (see “Withdrawal of Consent” below).
Your consent applies to Communications related to all accounts, products or services we offer, provide or make available to you, or that you apply for, own, use, administer or access through us, either now or in the future (the “Products”). Your consent includes, but is not limited to, Communications related to:
The scope of Communications we will provide to you electronically includes Communications we are required by law to provide “in writing,” including legally required disclosures.
2. YOUR CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES.
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be provided in a variety of electronic forms, including via e-mail or text. We may also use electronic signatures and obtain them from you as part of our transactions with you.
By accepting this Consent, you are confirming: (i) your ability to access and read, and also print or save, this Consent and the Communications; (ii) you have provided a valid e-mail address at which we can send electronic Communications to you; (iii) you have access to software and hardware that satisfies the below requirements to receive and review electronic records and Communications; (iv) you agree to the terms and conditions of this Consent including the telephone consent above; and (v) by clicking the box referencing this Consent, you affix your electronic signature to this Consent.
We may always, in our sole discretion, provide you with any Communication in writing or send it to you via U.S. mail or other means of delivery, even if you have chosen to receive it electronically. We may require any information you provide to us, or any document you sign, to be delivered to us in writing.
3. GETTING PAPER COPIES.
You should print or download a copy of any electronic Communications for your records, including this Consent. Additionally, you may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you.
To request paper copies, you must send an e-mail to compliance@cogofi.com with the subject line “Paper Document Request” and in the body of the e-mail you must state (i) your e-mail address, full name, US Postal address, and telephone number and (ii) which Product(s) or Communications your request concerns (e.g., Home Improvement Loan). Please also specify (in the body of the e-mail) which Communication you are requesting in paper copy. We may ask for additional information to verify your identity before providing you with any sensitive information.
Requesting paper copies, as specified above, does not remove your previously provided consent to receive electronic Communications.
4. WITHDRAWING YOUR CONSENT.
You may withdraw your consent to receive any future Communications electronically by following the instructions below. Note that withdrawing your consent may slow the speed at which we can deliver Products to you and may result in termination of your application for such Products as described below.
Home Improvement Loan Product: If you have a pending loan request or application in process with us, or a loan that has been approved and is in the process of funding, withdrawing your consent will immediately terminate your loan request or application, or result in the cancellation of any funds in process of disbursement (except where prohibited by law). After your loan has been originated and funded, you may withdraw your consent to receive any future Communications in electronic format. Withdrawing your consent does not apply to origination disclosures that were previously provided to you electronically prior to your loan funding (or at the time of funding).
How to Withdraw Your Consent: You may withdraw your consent to receive future Communications electronically by sending an e-mail to compliance@cogofi.com with the subject line of "Withdraw Electronic Consent" and in the body of the e-mail, state your full name, US Postal Address, e-mail address, and telephone number.
Your withdrawal of consent will be effective only after we have had a reasonable period of time to process your request. It shall not apply to Communications that have already been sent or processed via electronic delivery prior to our processing of such withdrawal.
5. CHANGE IN YOUR E-MAIL ADDRESS OR OTHER CONTACT INFORMATION.
To ensure you receive all Communications in a timely manner, you agree to promptly notify us of any change in your e-mail address or home mailing address. You may let us know of a change in your e-mail address by emailing us at compliance@cogofi.com. Until you notify us of a change in your e-mail address, any Communications delivered to your e-mail address in our records will be deemed to have been delivered to you.
At our discretion, we may treat your failure to provide us with a valid e-mail address or the malfunction of a previously valid e-mail address as a withdrawal of your consent to receive Communications electronically.
6. ACCESS/SOFTWARE REQUIREMENT.
In order to access and retain electronic Communications, you must have (1) a valid email address and phone number; (2) a computer or other mobile device (such as tablet or smartphone); (3) a connection to the Internet; (4) the latest, current version of Chrome, Safari, Firefox, or Microsoft Edge web browser; (5) software that enables you to view and display files in HTML and PDF format; and (6) a printer to print records, or electronic storage to retain records in electronic form.
7. TELEPHONE COMMUNICATIONS AND CONSENT.
If you access Communications via a mobile device or provide us with a telephone number that is a mobile phone number, by accessing through or providing your mobile phone number, you consent to receipt of information calls and text messages made by us or any of their service providers to provide services to you related to your application for or use of our Products. You agree we may use automatic dialing systems and prerecorded calls to this number and any number you provide to us. Your mobile provider may charge message and data rates. You agree that such consent to receive Communications through calls or texts is not a condition to receiving Products.
8. FEDERAL LAW.
All Communications we provide to you in either electronic or paper format will be considered "in writing". You should print or download for your records a copy of this Consent and any other Communications. You agree and we both intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) this Consent and (ii) our ability to conduct business with you by electronic means.
9. TERMINATION/CHANGES.
We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications at any time or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.
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New York Operations Center
10 Station Place, Suite 6
Metuchen, NJ 08840
6900 Tavistock Lakes Blvd
Suite 400 - #378
Orlando, FL 32827
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