E-SIGN Act Consent

Last Updated: July 9, 2019

Definitions

“Communication” or “Communications” mean present and future communications and other information relating to your consumer loan application and/or account with Celtic Bank Corporation, including, but not limited to, agreements, policies, notices (including any applicable privacy notices), consents and/or authorizations, disclosures, account statements and other servicing and/or collections communications, federal and/or state tax statements and documents, changes or updates to any communications we have provided to you, and/or any communications with regard to any activity related to your consumer loan application and/or account.

“We,” “us,” and “our” mean Celtic Bank Corporation, a Utah-Chartered Industrial Bank, member FDIC, Square Capital, LLC (as service provider to Celtic Bank Corporation), and each of its agents, authorized representatives, successors, and assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of a loan).

“You” and “your” mean an individual applying for a loan and/or who is contractually obligated on a loan transaction.

Consents

You consent and agree that:

1. We can provide Communications to you electronically, including by providing them electronically via email, by text message, or by making them accessible on a program website or applications; and
2. Your electronic signature on Communications, such as agreements or consents and/or authorizations, has the same effect as if you signed them in ink.

Access to Information in Electronic Form

You confirm that you have the following in order to access and retain electronic Communications:

1. A computer or mobile device with Internet or mobile connectivity;

2. For desktop website-based Communications:
   • Recent web browser that includes 256-bit encryption;
   • The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and
   • Minimum recommended browser standards are the most recent versions of Mozilla Firefox (see https://www.mozilla.com for latest version), Apple Safari (see https://www.apple.com/safari for latest version), or Google Chrome (see https://www.google.com/chrome for latest version);
3. For application-based Communications:
   • A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and
   • The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS;

4. Software which permits you to view PDF files, such as Adobe Acrobat Reader (see get.adobe.com/reader);

5. Access to the email address provided to us;

6. Sufficient storage space to save Communications and/or a printer to print them; and

7. If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add installments@squareup.com and noreply@squareup.com to your email address book.

You May Request Paper Communications and Withdraw Consent to Electronic Communications

You understand that you may receive Communications in paper form, at no charge. To request paper copies of the Communications, please send an email request to installments@squareup.com within 180 days of the date of the Communications. You can also make a request by writing us at: Celtic Bank Corporation, ℅ Square Capital, LLC, Attn: Square Installments Program Operations, 1455 Market Street, Suite 600, MSC 715, San Francisco, CA 94103. You must specify the specific Communication(s) that you would like to receive in paper form.

You understand that you may withdraw your consent to receive electronic Communications at any time, by emailing installments@squareup.com or writing to the address above. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to the services we provide. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request.

Email Address and Phone Number

You agree that it is your responsibility to maintain a valid email address and phone number. At any time, you can update the email address and phone number to which we may send alerts that your Communications are available. You can change your preferences by sending a request to installments@squareup.com. You can also do this by writing to the address above.

Legal Effect

You agree that electronic Communications have the same meaning and effect as if we provided paper Communications to you when and if we are required to do so. When we send you Communications in electronic form or post Communications on a program website, that shall have the same meaning and effect as if we provided paper Communications to you, whether or not you choose to view the Communications, unless you had previously withdrawn your consent to receive Communications electronically. We may also send you an email alerting you that the Communications are available electronically and make them available online.

You understand and agree that we reserve the right to cancel or change the terms of this electronic Communications service, or send Communications in paper form at any time. You understand and agree that we are not responsible for any delay or failure in your receipt of any email notices we may send.