Electronic Transactions, Records and Signatures Consent and Policy (ESIGN)
We provide you with the ability to request to see your financing options for the purchase of a car, apply for a loan to finance the purchase of a car or the refinance of a car loan, or a loan secured by a car, and/or receive notifications, disclosures, and/or manage your accounts, all online from the comfort of your own home by electronic means. Once you become our customer, our goal is to provide you with convenient options for receiving required disclosures and for managing and administering your account. We need your consent to use electronic records and signatures and to conduct our transactions electronically. You should read this consent and policy carefully and print them for future reference.
“We,” “us,” “our” “Company”, and “Westlake” means Westlake Financial Services and each and every current and future affiliate of Westlake Financial Services.
“You” and “your” means the person giving this consent, and also each additional account owner, authorized signer, authorized representative, and/or service user identified on any Company account, product or service that you apply for, administer, use or access.
“Transaction” means each and every account, product or service we offer that you apply for, own, use, administer or access, either now or in the future, and includes without limitation, (i) the financing of the purchase of a motor vehicle or other mode of transportation, (ii) a loan for the purchase of a motor vehicle or other mode of transportation or the refinance of a motor vehicle loan or other vehicle loan, and (iii) a loan or the refinance of a loan secured by a vehicle title.
“Electronic Records” means all documents, contracts or other records created, generated, sent, communicated, received, or stored by electronic means, whether via the internet, this website, email, messaging services, including text messaging and/or software applications, related to any product, service, or account you obtain, apply for, use, administer, or access through us, either now or in the future, including but not limited to: (i) certain written notices, disclosures agreements, fee schedules, statements, records, documents, and other information we provide to you, or that you sign or submit or agree to at our request, (ii) all documents related to the financing of the purchase of a motor vehicle or other mode of transportation, including but not limited to your retail motor vehicle credit application, retail installment sale contract, government agency or department of motor vehicle forms and disclosures, consumer disclosures, payment authorizations, third party reports, account or billing statements, privacy policies, (iii) all documents related to obtaining a loan for the purchase of a motor vehicle or other mode of transportation or refinance of a motor vehicle loan or other vehicle loan, including but not limited to your credit application, promissory note and security agreement, government agency forms and disclosures, consumer disclosures, payment authorizations, account or billing statements, and privacy policies, (iv) all documents related to obtaining a loan or the refinance of a loan secured by a vehicle title, including but not limited to your credit application, promissory note and security agreement, government agency forms and disclosures, consumer disclosures, payment authorizations, account or billing statements, and privacy policies, and (v) any other information, records, and/or Communications regarding your transactions with us.
“Electronic Signature” means an electronic process or symbol, attached to or implemented in a document, contract or other Electronic Record or Communication and executed or adopted by a person with the intent to sign the record.
“Communications” means each notice, disclosure, agreement, acknowledgement, consent, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
- Consent to Use Electronic Records and Electronic Signatures
By giving your consent through clicking and accepting this policy, you agree to conduct all Transactions with us through the use of Electronic Signatures, including through a vendor like Docusign, which may consist of clicking through buttons, checking boxes, or other industry accepted practices and processes implemented by us or our third party vendor. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request as part of our Transactions with you may be in electronic form, and you may be required to use Electronic Signatures for us to obtain Communications from you. You agree to the use of such Electronic Signatures and Electronic Records. We may provide Electronic Records to you via posting them online on this website, email attachments, embedded links, messaging services, including text messaging and/or software applications. You agree that your consents will remain in effect until you give us notice that you are withdrawing it.
Please note that if you do not consent to the use of Electronic Records and Electronic Signatures (or withdraw your consent prior to completion of the sale), you may not be able to complete certain Transactions with us, including obtaining a loan through us online.
We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically. Certain Communications will be required by law to be provided on paper. Please note that sometimes you may be required to provide us a Communication through a paper writing.
By providing your consent, you are also confirming that you have the hardware and software described below, that you are able to receive and review Electronic Records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all other authorized signers, authorized representatives, and/or service users identified by you.
- Paper Copies
If we provide to you Electronic Records, you have the option to receive paper copies. To obtain a paper copy, you can print out a copy from your computer, or you may request a paper version by emailing us at [email protected] or calling our Customer Service Center at 888-739-9192. We may charge, and you may have to pay, a reasonable service fee for the paper copy except as prohibited by applicable law. Requesting a paper copy in itself will not be a withdrawal of your consent. Your consent will remain in effect until you give us notice that you are withdrawing it.
- Withdrawing Consent
After completing your Transaction, you may withdraw your consent the use of Electronic Records and Electronic Signatures at any time by emailing us at [email protected] or calling our Customer Service Center at 888-739-9192. You will not be charged any fees for withdrawing your consent. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
- Hardware and Software Requirements
To receive Electronic Records and use Electronic Signatures, you must have access to:
- a computer with internet access, email capability, an operating system with 128-bit security encryption (e.g., Windows2000 or WindowsXP, or an equivalent), and sufficient storage capacity if you wish to retain Electronic Records in electronic form;
- an active and valid email account;
- a current version of an Internet browser we support (Internet Explorer 7.0 or higher, Mozilla FireFox 4.0 or higher, or an equivalent); and.
- a current version of software that allows you to view PDF documents.
- In addition, to print a hard copy of any Electronic Records you receive, you will need a printer.
These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. We reserve the right to discontinue support of any software if we determine in our discretion that such software contains a security flaw makes it unsuitable for use. We will notify you of any revised hardware or software requirements that would create a material risk that you would not be able to access or retain your Electronic Records.
- Acknowledging Consent to Receive Materials Electronically
To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures 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 notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by checking the “I Agree” button.
By checking the ‘I Agree’ box, you are confirming that:
- You can access and read this Electronic Transactions, Records and Signatures Consent and Policy; and
- You can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and
- Until or unless you notify us as described above, you consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by us during the course of your relationship with us.