Consent to use Electronic Records

ESign emBorrow Consent and Notice Regarding Electronic Communications and Electronic Signatures

As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your accounts. Our goal is to provide you with as many options as possible for receiving your account documents. We are required by law to give you certain information “in writing”, which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you use our Electronic Services you must review and consent to the terms outlined below.

In this Consent Agreement:

“We,” “us,” “our” and “emBorrow” means emBorrow LLC, and each and every current and future affiliate of emBorrow LLC. “You” and “your” means the person giving this consent, and also each additional account owner, co-signer, authorized signer, authorized representative, and/or service user identified on any emBorrow Product that you apply for, use or access.
“Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request. “Electronic Service” means each and every product and service we offer that you apply for, use, administer or access using the internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future. “emBorrow Product” means each and every loan, account, product or service we offer that you apply for, own, use, administer or access, either now or in the future. emBorrow Products include Electronic Services. The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.

1. Consent to Electronic Delivery

By selecting the check box of this Agreement and selecting the “NEXT STEP” button, you specifically agree to receive and/or obtain any and all emBorrow related “Electronic Communications” as defined herein (1) via email, or (2) by access to a website or link that we provide in an email notice that we send to you when the information is available, or (3) to the extent permissible by law, by access to a website that we designate for such purpose. This includes electronic communications related to your account from emBorrow’s third party servicers. You specifically consent to receive electronic mail (email) and online communications and disclosures regarding your account instead of by regular mail. Except as noted below or otherwise at our discretion communications will not be furnished on paper. Your consent will apply to all information we send to you, or disclose or communicate to you online, relating to your account, including monthly billing statements, and any disclosures that are required by law to be in writing, including, without limitation, Truth In Lending Act disclosures and tax forms. The term “Electronic Communications” includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you relating to any documents you sign, as well as such other documents, statements, data, records and any other communications regarding you relationship with emBorrow.
If you change your email address, you agree to update it promptly through your account on our website, or call us at 1-866-3-EMBRYO (36-2796) to update your email address.
You accept Electronic Communications provided by us as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.

2. Your Consent Covers All emBorrow Products; Privacy Policies

Your consent covers all Communications relating to any emBorrow Product. 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 emBorrow Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and Signatures. If you decide not to use Electronic Records and Signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other emBorrow Product.
You agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.emBorrow.com (https://emborrow.com), or, with prior notice to you, on another website where we offer Electronic Services.

3. Electronic Signature Agreement

By selecting the check box of this Agreement and selecting the “NEXT STEP” button, you acknowledge that you have read, understand and agree to the following:
You are voluntarily choosing to sign your emBorrow Documents electronically; you understand that the Documents we present on this website will replace the use of paper documents;
You understand and agree that your electronic signature will bind you to the terms and conditions to the same extent as if you signed your emBorrow Documents on paper with an ink signature;
You understand and agree that no certification authority or other third party verification is necessary to validate your E-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-signature or any resulting contract between you and an emBorrow entity;
You agree that if we send an email message to you regarding any electronic communication or send any electronic communication to the email address you have provided us and such email message is returned as undeliverable, we will be deemed to have provided such electronic communication to you.
This Agreement will be effective until you tell us that you no longer want to receive emBorrow Documents electronically by sending us notice in the manner described in Section 5; and
You understand that you have the right to withhold your consent to the use of electronic documents and signatures, and that you have the right to withdraw your consent at any time prior to completing the e-sign process. Please be aware, however, that withdrawal of consent may result in the termination of your access to use Electronic services.

4. Paper Version of Electronic Communications

You may request a paper version of an Electronic Communication. You acknowledge that emBorrow reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an Electronic Communication contact us at 1-866-3-EMBRYO (36-2796).

5. Revocation of Electronic Delivery

You have the right to withdraw your consent to receive/obtain Electronic Communications at any time. You acknowledge that emBorrow reserves the right to restrict or terminate your access to our website’s features if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, write to us at:
emBorrow
2100 Sanders Road – Suite 200, Northbrook, IL 60062
Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

6. Valid and Current Email Address, Notification and Updates

You agree to keep emBorrow promptly informed of any changes in your email address. If you change your email address, you agree to update it through your account on our website, or call us at 1-866-3-EMBRYO (36-2796) to update your email address. emBorrow may notify you through email when an Electronic Communication or updated agreement pertaining to emBorrow is available. emBorrow may also use www.emBorrow.com for Electronic Communications. It is your responsibility to use our website regularly to check for Electronic Communications and to check for updates to this Agreement. If you have given us another type of electronic address such as an electronic address or mobile phone number for SMS text messages you may change such address by updating it through your account on our website or by calling us at 1-866-3-EMBRYO (36-2796).

7. Controlling Agreement

This Agreement supplements and modifies other agreements that you may have with any emBorrow entity. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will take precedence (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement.

8. Hardware, Software and Operating System Requirements

You must be able to view, print, and retain information presented on-screen in order to e-sign. By selecting the check box of this Agreement and selecting the “NEXT STEP” button, you confirm that you are able to view Hyper Text Markup Language (HTML) files and read Adobe PDF files. If you are not able to read Adobe PDF files, please make sure that you have Adobe Acrobat Reader installed on your computer. It can be downloaded for free HERE: https://www.adobe.com/downloads.html
To view emBorrow Documents, you will need:

a Current Version (defined below) of an Internet browser we support,
a connection to the Internet,
a Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader), and
a computer and an operating system capable of supporting all of the above.

By “Current Version,” we mean a version of the software that we support and that is currently
being supported by its publisher. We support the Current Version and for a period of time (at
least three months), the version immediately prior to the Current Version of Firefox, Google
Chrome, Microsoft Internet Explorer and Safari.
As permitted by and in accordance with applicable law, we reserve the right to discontinue
support of a Current Version of software for any reason, including without limitation, our opinion
that it suffers from a security or other flaw that makes it unsuitable for use with our website. And
we always reserve the right, in our sole discretion, to communicate with you by mail.

9. By Accepting This Notice, You Confirm to Us That

You have the hardware and software described above;
You can access and read this Consent and Notice Regarding Electronic Communications and Electronic Signatures;
You have an active email;
You will keep your email updated in our records;
You can print this disclosure on paper, or save the disclosure to a place where you can print it, for future reference and access;
You consent to use and sign electronically an electronic version of any emBorrow Documents;
You are authorized to, and do consent on behalf of all the other account owners, authorized signers, authorized representatives and service users identified with your emBorrow products; and
You consent to the terms and conditions of this Agreement.

*It is recommended that you print a copy of this Agreement for future reference.

emBorrow

2100 Sanders Road – Suite 200
Northbrook, IL 60062
1-866-3-EMBRYO (36-2796)

Terms and Conditions Apply. emBorrow provides installment financing only to residents of states where the company has a lending license. In order to apply for financing, you must submit your application online and have, among other things, verifiable income. You may also need to be a patient of a fertility clinic. The actual amount and terms of financing that a customer qualifies for may vary based on credit determination and state law. In some instances, we might not manage to check your application information completely and may request some additional documentation. Please thoroughly review our Consents, Disclosures, Rates, and Terms & Conditions for further information. Complete disclosures of APR, details and payment terms are included in the Financing Agreement.

Funds are generally deposited via ACH for delivery next business day if approved by 4:30pm CT Monday-Friday.

emBorrow reserves the right to modify or discontinue products and benefits at any time without notice.
Important disclosures and consumer notice: Financing from emBorrow is designed to help you meet your fertility related borrowing needs. This service is not intended to provide a solution for all credit or other financial needs. We will never charge you any “hidden fees” that are not fully disclosed in the Financing Agreement. Since we may report your payment history to one or more credit bureaus, late or non-payment of your account may negatively impact your credit rating. If you don’t make a payment in accordance with your financing terms, we will attempt to contact you via one or more authorized methods. Our company’s methods are in accordance with the guidelines of the Federal Debt Collections Practices Act (FDCPA). Be sure you thoroughly understand the terms and conditions of your financing before signing your agreement. We are here to serve our customers and their financial needs if possible.

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