Esign Act Disclosures (DHCS)

Last Updated on January 05, 2024

PLEASE READ THIS CONSENT FOR USE OF ELECTRONIC RECORDS AND SIGNATURES CAREFULLY AND PRINT OR SAVE A COPY FOR FUTURE REFERENCE.

In this Consent for Use of Electronic Records and Signatures (this "Consent"), the words "you" and "your" mean any person giving consent to our use of electronic records and signatures. The words "Divvy," "we," "us," and "our," mean Divvy Homes Credit Services, LLC and its current and future affiliates, parents, subsidiaries, successors and assigns, and designated third-party service providers acting on its behalf.

You acknowledge that you have received this Consent and that you explicitly consent to our use of Electronic Communications (as defined below). You are further consenting to have our third-party providers, agents, vendors, and affiliates process your information and interact with you electronically and such Electronic Communications may be provided online at our or the third-parties’ websites. Your consent does not mean that we must provide documents to you electronically, but instead that we may deliver some or all of those Electronic Communications electronically.

Introduction

Certain laws require parties to give you specified information "in writing.” Typically, this means you are entitled to receive this information and communications on paper. With your prior consent, however, you may receive this information electronically instead. We also need your general consent to use Electronic Communications and electronic signatures throughout our relationship with you.

Services

Divvy offers products and services (each, a "Service"), including, but not limited to, all Divvy websites, mobile and web application, and the subdomains thereof (collectively, the "Site"), and other services and products, which may be delivered and accessed electronically through the internet, a web browser, the Site, email, and other messaging services (including text (SMS) messaging), including attachments or information accessed by links included in such message, and/or software, mobile, and web applications. In connection with any Service, we may choose to provide certain documents to you in electronic form and obtain your electronic signature in connection with those documents and any other communications. our Services.

Electronic Communications

The Electronic Communications covered by this Consent include, but are not limited to, all agreements, applications, authorizations, statements, terms, disclosures, documents, contracts, records, notices, and other information, including renewals, addenda, updates, revisions, amendments, and otherwise thereof (individually, an “Electronic Communication” and collectively, “Electronic Communications”) relating to or arising from your use or potential or attempted use of any Service now and/or in the future. We reserve the right to decide which Electronic Communications to provide electronically and when to request your electronic signature for those Electronic Communications.

Scope of This Consent

This Consent covers all Services that you may now or in the future use or obtain. By consenting to this Consent, you acknowledge and agree that you reviewed this Consent, and you consent to use your electronic signature to sign any Electronic Communication. You understand that your acceptance is legally binding, just as if you had signed a paper document. You agree that for all Electronic Communications that we may use electronic delivery, including, but not limited to, electrical, digital, wireless or similar electronic means, and, at our discretion, terminate paper delivery of communications to you and use and obtain electronic signatures from you in each case. Your consent will be effective until you give us written notice that you are withdrawing your consent, as described below. You further agree that when viewing an Electronic Communication on a computer, tablet, or mobile or other handheld or similar device, your electronic signature for any Electronic Communication may include checking, selecting, or clicking buttons, typing your name or initials in a designated field or otherwise selecting an electronic or a facsimile signature for the field, sending an email, or text (SMS) messaging reply to a message transmitted to your email address or phone number, respectively, or taking any other affirmative action described in such Electronic Communication.

Depending on the type of account, Service, or Electronic Communication, in the case of an account or Service owned or accessed by multiple accountholders, authorization by one accountholder is sufficient to constitute consent to this Consent, and, in our sole discretion, we may choose to solely deliver Electronic Communications electronically if any one of the accountholders provided consent to this Consent. We may further, at our sole discretion, act upon the electronic instruction of any such person without the consent of the other authorized persons or accountholders.

You agree that we may satisfy any obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on /up/privacy-policy, or on any other website where we offer electronic services.

Copies of Electronic Communications and This Consent

You are encouraged to save or print this Consent and any and all Electronic Communications for future reference.

System Requirements

In order to access and retain any and all Electronic Communications electronically, you must have certain computer hardware and software, including:

An internet connection;
A valid email account and the software and internet connection to receive and access such emails;
A supported web browser (e.g., the most recent version of Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari);
Access to a device (e.g., desktop or laptop computer, smartphone, mobile device, tablet, etc.) with the ability to connect to the internet or download mobile or web-based apps with a current version of an operating system, such as Windows, Mac OS, iOS, or Android, and a web browser, such as Chrome, Safari or Firefox, including storage capacity to retain Electronic Communications and/or a printer to print the Electronic Communications;
Software that allows you to view and print or save PDF documents, such as Adobe Reader or similar software;
Software that allows you to view and display files in HTML format;
Hardware capable of running the software described above; and
A printer or other storage device that allows you to print or retain any Electronic Communication.

As applicable, we will provide you notice of the updated hardware and/or software requirements. Your continued use of the Services after receiving such notice shall be deemed reaffirmation of your consent to this Consent and the terms hereof.

BY ACCEPTING THIS CONSENT, YOU ALSO CONFIRM THAT YOU HAVE THE HARDWARE AND SOFTWARE DESCRIBED ABOVE, AND YOU ARE ABLE TO RECEIVE AND REVIEW THE ELECTRONIC COMMUNICATIONS.

Withdrawing Your Consent

You may withdraw your consent to this Consent at any time. You may withdraw your consent to receive Electronic Communications electronically by contacting us at the address below. Withdrawal of consent for certain Electronic Communications may result in a fee or change in fee for some Services. In addition, your access and use of the Services or certain features or products may be terminated at our sole discretion. If you withdraw your consent while you have a pending application or other request, we will terminate your application or request. A withdrawal of your consent to receive Electronic Communications electronically will be effective only after we have a reasonable period of time to process your request.

To withdraw your consent prior to completing or registering an account with us, simply exit this session prior to accepting this Consent. If you withdraw your consent, you will not be able to proceed electronically. To withdraw your consent after you have already registered an account, you must send your request in writing to 548 Market Street PMB 81854, San Francisco, CA 94104, Attn: Divvy Homes Credit Services, LLC.

Multiple Access Devices

By viewing and accepting this Consent electronically, you are reasonably demonstrating your ability, including your access to the necessary system requirements, to access and view Electronic Communications in the format that the Services are provided on that electronic device and all subsequent electronic devices. If you change electronic device (or use multiple electronic devices), it is your responsibility to ensure that the new or other electronic device meets the applicable system requirements above and that you are still able to access and view Electronic Communications on the subsequent or other device.

Change in Your Contact Information

You agree to promptly keep us informed of any change in your email or mailing address. If your registered email address changes, you agree to notify us of the change by sending an email to up@divvy.com or calling 415-818-8752. You also agree, as applicable, to promptly update your registered residence address and telephone number in your online account.

Consent

BY CLICKING THE BUTTON, OR SELECTING THE CHECKBOX, DISPLAYED IN CONNECTION WITH ACKNOWLEDGING, CONSENTING, AND/OR AGREEING TO THIS CONSENT (OR BY OTHERWISE TAKING AN AFFIRMATIVE ACTION INDICATING YOUR RECEIPT, ACCEPTANCE, AND AGREEMENT TO THIS CONSENT), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS CONSENT, AND EXPRESSLY CONSENT TO RECEIVE COMMUNICATIONS AND EXECUTE DOCUMENTS VIA ELECTRONIC DELIVERY ACCORDING TO THE PROCESS DESCRIBED IN THIS CONSENT, WHICH SUCH CONSENT WILL REMAIN EVEN IF YOU DELETE, DEACTIVATE, OR NO LONGER ACCESS OR HAVE ACCESS TO YOUR ACCOUNT OR THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ABLE TO ACCESS THE ELECTRONIC COMMUNICATIONS AS DESCRIBED ABOVE, AND YOU ACKNOWLEDGE THAT YOUR CONSENT TO THIS CONSENT DOES NOT AUTOMATICALLY EXPIRE AND IS NOT LIMITED AS TO DURATION.