Borrower Electronic Disclosures Authorization
Consent and Agreement to Conduct Transactions Electronically (Agreement)
Electronic Signature and Adoption
By accepting this Agreement, you consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act or action while using any electronic service we offer or in accessing or making any transactions regarding any Documents constitutes your signature as if actually signed by you in writing (electronic signature). In some cases your electronic signature may be represented by your type written name or initials electronically placed on the Documents by means of the process described herein. Your electronic signature, whether expressed by process or symbolically or both, is hereby adopted by you and represents your intent to acknowledge receipt or sign, as applicable, the Documents and that your electronic signatures are thereby attached to, and logically associated with, the Documents. Further, you agree that no certification authority or other third party verification is necessary to the validity of your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and us.
We may provide the Documents to you electronically by e-mail (or a link set forth in an e-mail), online posting at an online location designated by us, or Portable Document Format (“PDF”) files such as Adobe Acrobat Reader. The Documents may be provided by us to you directly or by a third party service provider.
Consent Coverage; Notices From You Are Not Covered
Applicable law or contracts sometimes require you to give us “written” notices, and this Agreement does not relate to those items. In order to coordinate our processing, you must still provide us with written notices on paper.
Electronic or Paper Communications
Receiving the Documents electronically is an option. You may choose not to receive Documents electronically by clicking the “I decline” button at the end of this Agreement. This is not the same as withdewing your consent to receive Documents electronically, which is addressed in the section of this Agreement entitled “Withdrawing Consent”. If you click “I decline” below, you have the right to change your mind and receive the Documents electronically for as long as the emailed invitation link we sent you to this signing room is active unless you withdraw any previously provided consent. If you choose not to receive the Documents electronically or do not complete the entire consent and signing process, the Documents for the loan you have applied for will be provided in paper form.
You have the right to withdraw your consent and agreement to receive electronic Documents at any time. Because we will provide some Documents to you electronically 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 the Documents we have already provided to you pursuant to that consent. However, you may withdraw your consent to receive subsequent Documents electronically, in which case we will deliver all subsequent Documents to you in paper form via mail at no cost to you. You may withdraw your consent by contacting us at WaFd Bank, 1-800-324-9375. If you decide to withdraw your consent, the legal validity and enforceability of our prior electronic Documents and communications to you will not be affected.
Hardware and Software Requirements
In order to receive access and retain the Documents from us electronically, you will need the following computer software and hardware:
- A computer is connected with an Internet Service Provider and an internet email account and email address. The definition of a computer excludes tablets and mobile devices.
- A monitor with the ability to view the Documents.
- Microsoft Internet Explorer version 6.0 or higher internet browser with 128 bit encryption or higher
- AdobeA Reader 5.0 or higher. If you do not have Adobe Reader 5.0 or higher, Adobe Reader software is available for FREE in various languages on the Adobe website (www.adobe.com).
- Access to a printer that is capable of printing information displayed on your monitor or the ability to save or download files on a storage device for later reference, in order to keep copies of your Documents for your records. You will need at least 5 MB of storage space available.
If you do not have the required software and/or hardware, or if you do not wish to receive the Documents electronically from us for any other reason, do not click “Submit.” If you click “Submit,” this electronic signature session will be closed.
If the software or hardware requirements change in the future, and you are unable to continue receiving Documents electronically, we will mail you paper copies of Documents once you notify us that you are no longer able to access the Documents electronically because of the changed requirements. We will use commercially reasonable efforts to notify you before such requirements change. If you chose to withdraw your consent upon notification of the changes, you will be able to do so without penalty.
Documents are not available from us electronically to you indefinitely. You are responsible for printing and/or saving a copy of all Documents provided to you electronically. If you require copies of your Documents and they are no longer available from us electronically, we will provide you copies in paper form at no cost to you upon your request to us at WaFd Bank. If the Documents contain any confidential or sensitive information such as your application information or account information, be sure to store them in a secure environment, just as you would paper-based bank records.
Changes to Your Contact Information
You have provided us with your email address. You must keep your email address current with us at all times. You must promptly notify us at WaFd Bank if there is a change in your email address or mailing address, or in other information we need to contact you.
Unless otherwise required by law, you agree that any Documents we deliver electronically will be deemed received by you electronically signed and made available to you to save or print or when sent to the most current email address you provided us. We will not assume liability for non-receipt of notification or the availability of electronic Documents in the event your email address on file is invalid, your email or Internet service provider filters the notification as “spam” or “junk mail”, there is a malfunction in your computer, browser, Internet service and/or software or for any other reasons beyond our control.
YOUR RIGHT TO RECEIVE A COPY OF AN APPRAISAL
We may order an appraisal to determine the property’s value and charge you for this appraisal. We will promptly give you a copy of any appraisal, even if your loan does not close. You can pay for an additional appraisal for your own use at your own cost.
YOUR ABILITY TO ACCESS DOCUMENTS
By clicking “Submit” button, you acknowledge that you can access the Documents 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: (a) you have been able to read this Agreement using your computer and software; (b) you have successfully printed and/or downloaded a copy of this agreement; (c) you have access to an account with an internet service provider; and (d) you are able to send and receive e-mail.
CONSENT AND AGREEMENT
By clicking the “Submit” button, you consent to having all Documents provided or made available to you in electronic form, to the terms of this Agreement and to doing business with us electronically. You also consent and agree to the use of electronic records and electronic signatures in connection with transactions us and specifically with regard to your residential mortgage loan transaction instead of written documents and handwritten signatures.
BY CLICKING “SUBMIT” you agree to the terms of this Agreement and choose to conduct this transaction electronically, receive the Documents electronically and be legally bound by use of your electronic signature in connection with your loan transaction.