Consent to Electronic Communications and Electronic Signatures

As part of your relationship with Point, we want to ensure you have all the information you need to support your interactions with us and effectively manage your account. Our goal is to communicate with you and process your application in the timeliest manner possible. We are required by law to give you certain information “in writing”, which means you are entitled to receive it on paper. To increase the efficiency and convenience of our interactions with you and our vendors, we use email and provide electronic documentation and disclosures on our website, with your prior consent. In order to continue with the Point application, you must consent to electronic communications with us and receiving electronic disclosures from us. Your consent applies to this Point product application and any future Point applications by you. In addition, we need your general consent to use electronic records and signatures during our relationship with you.

  1. Definitions
    • “Point”, “we”, “us”, and “our” mean Point Digital Finance, Inc., a Delaware corporation and all its related, affiliated or subsidiary companies
    • “You” and “your” means the person giving this consent who submits an online application for a Point product (“Application”)
    • “Communication” means any information that we are required by law to provide to you in writing in connection with your Application, any information we may otherwise provide to you relating to any Point product that you obtain from us, or any information that you sign or submit or agree to at our request.
    • “Website” means point.com and any subdomains thereof.
  2. Method of Electronic Communication

    All Communications that we provide to you electronically will be provided either (i) on our Website or (ii) directly to any email address provided on your Application (or any email address you provide to us later). Point may notify you through email when a Communication or updated agreement pertaining to our Website is available. Point may also use our Website for electronic Communications. It is your responsibility to check our Website for Communications and updates to this policy.

  3. Consent to Electronic Delivery

    By checking the box next to “I have read and agree to Point’s Credit Report Policy, Consent to Electronic Communications and Electronic Signatures, Terms of Use and Privacy Policy”, you specifically agree to provide, receive and/or obtain any and all Point-related Communications via our Website. This includes electronic communications related to your account from Point’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 provided below, Communications will not be provided on paper. Your consent applies to all information we send to you or disclose or communicate to you online relating to your account or any Point product. Your consent remains in effect until you give us notice you are withdrawing it.

  4. Electronic Signatures

    By checking the box next to “I have read and agree to Point’s Credit Report Policy, Consent to Electronic Communications and Electronic Signatures, Terms of Use and Privacy Policy”, you acknowledge that you have read, understand and agree to the following:

    • You are voluntarily choosing to sign your Point 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 Point 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 Point; 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 Point products.

    Notwithstanding the foregoing, you acknowledge that there are some specific documents related to real estate transactions that must be signed on paper with an ink signature in front of a notary public. Point will identify these documents to you in the event your Application is approved for a Point product, and Point will work with you to help arrange for notarization of such documents.

  5. Paper Copies

    You may request a paper copy of any Communication by contacting us via the “Contact Us” link at help.point.com. You acknowledge Point reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Communications, unless charging a fee is prohibited by applicable law.

  6. Hardware and Software Requirements

    By checking the box next to “I have read and agree to Point’s Credit Report Policy, Consent to Electronic Communications and Electronic Signatures, Terms of Use and Privacy Policy”, you confirm that you have the following required hardware and software capabilities to access, view and retain electronic Communications:

    • A valid working email account.
    • Access to a computer, operating system and telecommunications connections to the Internet capable of receiving, uploading, accessing, displaying and either printing or electronically storing Communications.
      • Your Internet browser must meet the following minimum requirements: the current and previous major releases of Chrome, Firefox, Internet Explorer, and Safari on a rolling basis and support at least 256-bit encryption.
    • A PDF file reader, like the free Adobe® Acrobat Reader (http://get.adobe.com/reader/).
    • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.

    We will notify you of any changes to these requirements that create a material risk that you may not be able to access or retain Communications electronically. Continuing to use the Website after receiving notice of the change is reaffirmation of your consent.

  7. Withdrawing Consent

    You are free to withdraw your consent to receive Communications electronically at any time by contacting us via the “Contact Us” link at help.point.com. If you withdraw your consent, the legal effectiveness, validity and/or enforceability of prior Communications will not be affected. Any withdrawal of your consent to receive Communications electronically will be e ffective only after we have a reasonable period of time to process your withdrawal. You acknowledge that Point reserves the right to restrict or terminate your access to our Website if you withdraw your consent to receive electronic Communications.

  8. Updating Your Contact Information

    You must promptly inform us of any change in your email address by signing into your online account and updating your email address or contacting us via the “Contact Us” link at help.point.com.

  9. Acknowledging Your Ability to Access and Consenting to Electronic Communications and Electronic Signatures

    By checking the box next to “I have read and agree to Point’s Credit Report Policy, Consent to Electronic Communications and Electronic Signatures, Terms of Use and Privacy Policy”, you acknowledge that you can access Communications that are provided to you by the methods described above and agree to receive Communications electronically. You further confirm:

    • You have the hardware and software described above;
    • You can access and read this Consent to Electronic Communications and Electronic Signatures;
    • You have an active email;
    • 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 Point documents; and
    • You consent to the terms and conditions of this Electronic Communications and Electronic Signatures Policy.

    We recommend that you print a copy of this Electronic Communications and Electronic Signatures Policy for your future records.