ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Guaranteed Rate, Inc may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically via Guaranteed Rate's Transfersafe electronic document system, DocuSign, or via email. The words "the Company," "we," "us," and "our" refer to Guaranteed Rate, Inc. The words "I/We", "you" and "your" mean you, the individual(s) identified on the loan application or accounts. "Communication" means any applicant agreements, authorizations, amendments, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' or the 'I/We agree' button within the email request received or by clicking Continue if in our DocuSign electronic document system.
Communications In Writing.
All Communications, 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 this Agreement and any other Communication that you deem important.
Scope Of Communications To Be Provided Electronically
We may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law, and that we may discontinue sending you paper Communications, unless and until you withdraw your consent as described below. You consent to receive electronic Communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with your loan application with the Company.
- All required authorizations, acknowledgements, and other documents that may be required to be provided to you or made available to you during the course of our relationship with you.
- All other communications about products and services available through the Company and its affiliates.
- Notices and disclosures about a change in the terms and conditions associated with the products and services available through the Company.
- Privacy policies and notices.
Method Of Providing Communications To You In Electronic Format.
All Communications that we provide to you in electronic form will be provided either: (1) via email; (2) by access to a website that we will designate in an email notice we send to you at the time the information is available; (3) by access to a website that we will generally designate in advance for such a purpose, to the extent permitted by law; or (4) by requesting that you download a PDF file containing the Communication.
Getting Paper Copies
We will not send you a paper copy of any Communication unless you request it or we otherwise deem it necessary. At any time, you may request from us a paper copy of any record provided or made available electronically to you by the Company. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable period of time after we have provided you the electronic Communication. You may obtain a paper copy by submitting such a request via email or telephone to your loan originator. We reserve the right, but assume no obligation, to provide a paper copy of any Communication (in lieu of an electronic version) that you have authorized us to provide electronically. No fees will be imposed for paper copies.
Withdrawing Your Consent
If you decide to receive Communications from us electronically, you may at any time change your mind and tell us that thereafter you want to receive the Communications only in paper format.
To inform us that you no longer want to receive Communications in electronic format you may send us an e mail to [email protected] and in the body of such request you must state your e mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.
To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.
Via US Postal Service:
Guaranteed Rate, Inc Attn: Compliance 3940 N Ravenswood Ave Chicago, IL 60613
The consequences of your withdrawing consent for electronic Communications will be that transactions may take a longer time to process. By not providing your consent, you may not be eligible for a Digital Mortgage credit, if applicable. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
Consequences Of Changing Your Mind
If you elect to receive required Communications only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required Communications to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper Communications.
How To Update Your Records
It is your responsibility to provide us with true, accurate, and complete email address, contact, and other information related to this transaction and this Agreement, and to maintain and update promptly any changes in this information. To update information (such as your email address), contact your loan officer or send an email message to us at [email protected] and in the body of such request you must state: your previous e mail address, your new e mail address and any other relevant update.
Federal E Sign Consent
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 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 electronically.
Required Hardware And Software
In order to access, view, and retain electronic Communications that we make available to you, you must have:
- Personal Computer: A personal computer (PC: Pentium 120 Hhz or higher; for Macintosh: Power Mac 9500Power PC 604 processor 120 MHz base or higher)
- Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X with a telecommunications connections to the internet capable of receiving, accessing, displaying, and either printing or storing Communications received electronically via plan textformat or by access to our website using one of the browsers listed below.
- Browsers: Final release versions of Internet Explorer® 10.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only)
- PDF Reader: Acrobat® or similar software may be required to view and print PDF files
- Screen Resolution: 800 x 600 minimum
- Enabled Security Settings: Allow per session cookies. Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection
- Email Account: An email account with an Internet Service Provider and email software
- Sufficient Storage: Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
Acknowledging Your Access And Consent To Receive Materials Electronically
To confirm to us that you can access this information electronically, which will be similar to other electronic Communications that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving Communications exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I Agree' or the 'I/We Agree ‘button within the email request received or by clicking Continue if in our DocuSign electronic document system.
By checking the ‘I Agree’ or the ‘I/We Agree’ button or by clicking Continue, I confirm that:
- I/We can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
- I/We can print on paper the disclosure or save or send the disclosure to a place where I/We can print it, for future reference and access; and