Electronic Consent

Last Updated: January 2025

Electronic Signatures and Communications

This Electronic Consent Agreement ("Agreement") explains your rights and responsibilities regarding electronic signatures, records, and communications with Certes Financial Pros LLC and our lending partners.

By proceeding with your loan application, you agree to conduct business electronically and consent to electronic signatures and communications.

1. Consent to Electronic Communications

By providing your consent, you agree that Certes Financial Pros LLC and our lending partners may:

  • Provide all loan documents and disclosures electronically
  • Send communications via email to your provided address
  • Conduct all aspects of the loan process electronically
  • Store and maintain electronic records of your transaction
  • Use electronic signatures for all required documents

2. Electronic Signature Agreement

What is an Electronic Signature?

An electronic signature is any electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. This includes:

  • Clicking "I Agree" or similar buttons
  • Typing your name in a signature field
  • Using a stylus or finger to sign on a touchscreen
  • Using secure login credentials to access documents

Legal Effect

Your electronic signature has the same legal effect as a handwritten signature. By using electronic signatures, you agree that they are valid and enforceable for all purposes.

3. System Requirements

To access and retain electronic communications, you must have:

  • Internet Access: Reliable internet connection
  • Web Browser: Current version of Chrome, Firefox, Safari, or Edge
  • Email: Valid email address that you check regularly
  • PDF Reader: Adobe Acrobat Reader or similar PDF viewing software
  • Printer: Ability to print documents for your records (recommended)
  • Storage: Ability to save electronic documents

4. Your Responsibilities

By consenting to electronic communications, you agree to:

  • Maintain a current email address and notify us of changes
  • Check your email regularly for important communications
  • Download and save important documents
  • Print copies of documents for your records as needed
  • Ensure you have the necessary technology to access documents
  • Contact us if you have trouble accessing electronic documents

5. Types of Electronic Communications

Electronic communications may include, but are not limited to:

  • Loan agreements and promissory notes
  • Truth in Lending disclosures
  • Privacy notices and policy updates
  • Payment schedules and account statements
  • Collection notices and communications
  • Legal notices and default notices
  • Marketing communications (if you opt-in)

6. Paper Copies and Withdrawal of Consent

Requesting Paper Copies

You may request paper copies of any electronic documents by contacting us. We may charge a reasonable fee for providing paper copies.

Withdrawing Consent

You have the right to withdraw your consent to receive electronic communications at any time by contacting us. However:

  • Withdrawal will not affect the legal effectiveness of electronic communications provided before withdrawal
  • We may require you to pay fees for paper communications
  • We may require you to provide alternative contact methods
  • Some services may not be available if you withdraw consent

7. Record Retention

We recommend that you:

  • Save copies of all electronic documents
  • Print important documents for your physical records
  • Keep records for at least 7 years after loan completion
  • Back up electronic records regularly

We will maintain electronic records in accordance with applicable laws and our record retention policies.

8. Security and Authentication

We use industry-standard security measures to protect electronic communications and signatures, including:

  • SSL/TLS encryption for data transmission
  • Secure servers and databases
  • Multi-factor authentication when appropriate
  • Access controls and audit trails

9. Federal and Tribal Law Compliance

This Electronic Consent Agreement complies with:

  • Electronic Signatures in Global and National Commerce Act (E-SIGN Act)
  • Uniform Electronic Transactions Act (UETA)
  • Consumer Financial Protection Bureau (CFPB) regulations
  • Tribal laws and regulations of the Lac Vieux Desert Band

10. Updates to This Agreement

We may update this Electronic Consent Agreement from time to time. We will notify you of material changes by email or by posting notice on our website. Your continued use of our services constitutes acceptance of any updates.

12. Acknowledgment

By proceeding with your loan application, you acknowledge that you have read, understood, and agree to this Electronic Consent Agreement. You confirm that you have the necessary technology and skills to access and retain electronic communications.