1. YOUR CONSENT TO DO BUSINESS ELECTRONICALLY.
The purpose of this ESIGN Consent is to obtain your consent to receive from Aalto, Inc., dba Titus (“Titus”, “we”, “our” or “us”) in electronic form, rather than in paper form, all disclosures, notices, and records, including without limitation, disclosures, notices and records Titus is obligated by law or regulation to deliver to you in connection with any CLOC you obtain from Titus and any other information we provide to you, as well as agreements for your digital signature (collectively, “Communications“). If you apply for a closed-end installment loan (a “CLOC”) with Titus, you are providing your ESIGN Consent and Titus will make Communications available to you electronically instead of providing them to you in paper form. Before using any of the Services, you must review and consent to the terms outlined below.
For purposes of this ESIGN Consent, “you“ and “your“ mean the person giving this ESIGN Consent “we,“ “our“ and “us“ means Titus.
2. YOUR CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES.
At our sole discretion, the communications and records we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you as part of our transactions with you.
During the life of your financial transaction with us, you agree to receive all Communications in electronic form. You agree that we may discontinue sending paper Communications to you unless and until you withdraw consent as described herein. Your consent remains in effect until you give us notice that you are withdrawing it.
From time to time, you may seek to obtain a new product or service from Titus. When you do, we may remind you that you have already given us your consent to use electronic Communications and signatures. If you decide not to use electronic Communications or signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other Titus product or service.
3. ELECTRONIC DELIVERY.
Communications may be delivered to you in a variety of ways, including by text message, email (or a link set forth in an email), an e-sign program such as DocuSign, online posting at an online location designated by us, and/or Portable Document Format (“PDF“) files such as Adobe Acrobat Reader
4. UPDATE RECORDS.
It is your responsibility to provide us with a true, accurate and complete email address, contact information, and other information related to your application, and to maintain and promptly notify us of any changes to this information. You can update such information (such as your email address) by contacting Titus at support@gotitus.com.
5. COMMUNICATIONS IN WRITING.
All Communications in either electronic or paper format from us to you will be considered “in writing.“ You should print or download for your records a copy of all your Communications, and any other Communications that are important to you.
We encourage you to print and retain a copy of this ESIGN Consent for your records.
6. NOTICES FROM YOU ARE NOT COVERED.
From time to time, the law, or our agreement with you, may require you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.
7. NO RETROACTIVE WITHDRAWAL OF CONSENT.
Because we will provide some electronic Communications to you almost instantaneously, once you have given us your consent to do business with us electronically, you will not be able to withdraw your consent relating to Communications we have already provided electronically to you pursuant to that consent. If you decide to withdraw your consent, the legal validity and enforceability of our prior electronic Communications and communications to you will not be affected.
8. HARDWARE AND SOFTWARE REQUIREMENTS.
In order to receive, access and retain Communications from us electronically, you will need the following computer software and/or hardware:
You will also need (1) a printer if you wish to print out and retain records on paper, and (2) electronic storage if you wish to retain records in electronic form.
9. YOUR OPTION TO RECEIVE PAPER COPIES.
If you do not have the required software and/or hardware, or if you do not wish to receive Communications, including but not limited to your Titus Loan application, the related legal disclosures and agreements, electronically from us for any other reason, you may elect to receive paper versions by sending an email to support@gotitus.com. Such requests will be subject to printing and postage fees unless charging a fee is prohibited by applicable law.
10. YOU MAY WITHDRAW YOUR CONSENT AT ANY TIME.
You may withdraw your consent to receive electronic Communications at any time by contacting Titus at support@gotitus.com. Doing so may delay Titus‘s communications with you and may prevent you, as applicable, from being eligible for an increase in, or modification of, your CLOC, and may make you ineligible for other Titus CLOCs. Your withdrawal of consent will become effective after we have a reasonable opportunity to act upon it.
11. NON-RECEIPT OF ELECTRONIC COMMUNICATIONS BEYOND TITUS‘S CONTROL.
Titus is not responsible for any non-receipt of notifications or electronic Communications due to: (i) your email address on file being invalid, (ii) your email or Internet service provider filtering the notification as “spam“ or “junk mail,“ (iii) a malfunction in your computer, browser, Internet service and/or software, or (iv) other reasons beyond our control.
12. ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
13. CHANGES TO THE PROVISION OF ELECTRONIC COMMUNICATIONS.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
14. ADDITIONAL EXAMPLES OF ELECTRONIC COMMUNICATIONS COVERED BY THIS ESIGN CONSENT.
Examples of Communications covered by this ESIGN Consent include, as applicable, but are not limited to:
15. YOUR ACKNOWLEDGEMENTS.
YOU ACKNOWLEDGE THAT BY AGREEING TO AN AGREEMENT WITH TITUS WHICH REFERENCES THIS ESIGN CONSENT OR BY SUBMITTING A CLOC APPLICATION WITH TITUS YOU CONSENT TO HAVING ALL COMMUNICATIONS PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY.
YOU ALSO ACKNOWLEDGE THAT YOU HAVE THE HARDWARE AND SOFTWARE DESCRIBED ABOVE, YOU CAN ACCESS THE ELECTRONIC COMMUNICATIONS IN THE DESIGNATED FORMATS DESCRIBED ABOVE, AND THAT THE COMPUTER(S) YOU ARE USING NOW AND WILL LATER USE MEET THE SYSTEM REQUIREMENTS DESCRIBED ABOVE. YOU ALSO ACKNOWLEDGE THAT YOU HAVE BEEN ABLE TO READ THIS TOS USING YOUR COMPUTER AND SOFTWARE; YOU HAVE SUCCESSFULLY PRINTED OR DOWNLOADED A COPY OF THIS TOS; YOU HAVE ACCESS TO AN ACCOUNT WITH AN INTERNET SERVICE PROVIDER; AND ARE ABLE TO RECEIVE AND REVIEW COMMUNICATIONS ELECTRONICALLY AND YOU ARE ABLE TO SEND AND RECEIVE EMAIL.
YOU ALSO CONFIRM THAT YOU ARE AUTHORIZED TO, AND DO, CONSENT ON BEHALF OF ALL OTHER AUTHORIZED REPRESENTATIVES OR USERS ASSOCIATED WITH YOUR TITUS ACCOUNT.