ESIGN Consent

The Electronic Signature (“ESIGN”) and Electronic Communication Disclosure and Consent Agreement (herein referred to as the “Consent Agreement”, “ESIGN Consent” or “Disclosure”) governs how Abundant Servicing LLC, its subsidiaries, (collectively, referred to herein as “myAbundant”), its affiliates, representatives, and merchant partners (collectively, referred herein as “Merchant”, “Merchants”, “Partner” or “Partners”) utilizes Electronic Signatures (“ESIGN”) for signatures and/or to send disclosures, documents, records, emails, notices, and other information in an electronic format (herein, individually, a “Record” and collectively, “Electronic Communication”) to You (herein shall mean, the “User”, “Customer”, “You” or Your”) regarding Abundant Servicing LLC’s products and services (herein, collectively referred to as “Services”).

This Disclosure also applies to agreements governing your use of the Services, and Communications under them. All these Communications and agreements are collectively referred to as “Communications”. Abundant Servicing LLC, its subsidiaries, its affiliates, representatives, and marketing partners herein individually and collectively referred to as “myAbundant”, “we,” “us,” “our,” or “ours. Before you use any of our Services electronically as defined herein, you must review and consent to the terms outlined within this Consent Agreement. Where the context hereto requires, the singular shall be deemed to include the plural, the masculine gender shall include the feminine and neuter genders, and vice versa unless otherwise specifically stated.

By submitting your information and opting in by clicking links, signing agreements, or opting in to receive SMS/Text Messages that refer to myAbundant’s Terms and Conditions, Privacy Policy, or this Consent Agreement on including, but not limited to myabundant.com or any subdomain (collectively, the “Website”) to be contacted by myAbundant, vendors, clients, affiliates, third-parties, or partners, you acknowledge that you have received this Disclosure and that you agree to conduct transactions, use electronic signatures, and receive Electronic Communication electronically in accordance with this Disclosure and your use of myAbundant’s Services.

This Disclosure is provided to inform you of your rights as it relates to using Electronic Signatures and receiving Electronic Communication electronically from Abundant Servicing LLC on its behalf, its vendors, clients, affiliates, third-parties, or partners. The Electronic Signatures in Global and National Commerce Act (“ESIGN”) (15 U.S.C. §§7001-7006), enacted in 2000, permits, but does not require, the use of electronic signatures. As part of your relationship with myAbundant, we want to provide you with different ways you can keep up to date with your myAbundant account, as well as view, receive, and even sign any documents electronically. By law, we are required to send some information to send you in writing, on paper unless we receive your prior consent to use Electronic Communication and ESIGN throughout our relationship with you.

IMPORTANT NOTE: THIS INFORMATION IS ONLY APPLICABLE TO TRANSACTIONS BETWEEN YOU AND ABUNDANT SERVICING LLC. FOR FURTHER INFORMATION, YOU SHOULD CONTACT YOUR ACCOUNT HOLDING FINANCIAL INSTITUTION. YOU MAY HAVE ADDITIONAL RIGHTS AND OBLIGATIONS.

Customer Consent

This E-Sign Consent constitutes your consent to receive Disclosures and other information in electronic form, subject to any limitations under applicable law. In connection with the myAbundant Services, myAbundant is required by law to provide you with certain disclosures. Without your consent, myAbundant is not permitted to provide those disclosures to you in electronic form. If you do not consent to this E-Sign Consent, you should not use the myAbundant Services. By providing your consent as set forth below (“Consent”), you agree to the following:

• myAbundant may provide Disclosures required by law relating to the myAbundant Services and any other information about your legal rights and duties and your account to you electronically.
• myAbundant may send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, “Disclosures”) to you electronically via our Website or to the email address or mobile telephone number that you have provided to us, either directly or indirectly via the merchant to whom myAbundant will send funds on your behalf.
• myAbundant may notify you via email when the Disclosures are available. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever we send you an email or text message regarding the Disclosures, that email or text message will contain instructions regarding how to view the Disclosures.
• Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
• This consent applies to any transaction undertaken through the provision of Services in the past, to all future Disclosures and communications on your account, to all future transactions in which you use theServices, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
  

Minimum Requirements

You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows7 or higher and Microsoft Edge, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid e-mail address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them

Withdrawing Consent

You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us at: 

Abundant Servicing LLC
10 West 37th St Rm 602, New York, New York 10018
support@myabundant.com

Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your Consent is effective will not be affected. If you withdraw your Consent, myAbundant may close or limit access to your account and the myAbundant Services. You agree to pay any amount owed, even if you withdraw your Consent and we close or limit access to your account

Legal Effect

Your consent to this E-Sign Consent means that Disclosures myAbundant provides to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if myAbundant had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures

Your Consent to Electronic Disclosures

The action of your signing and agreeing to the Servicing Agreement when applying for a payment plan with myAbundant constitutes your electronic signature and manifests your Consent and agreement to myAbundant E-Sign Consent Agreement. If you do not provide your Consent, you may not use the myAbundant payment plan services and must discontinue your use of all myAbundant services immediately.

Additional disclosures and consent

E-MAIL OPT-IN DISCLOSURE. In addition to the ESIGN Disclosures, by opting in and applying your digital signature to the myAbundant Servicing Agreement you acknowledge that you wish to receive ongoing private and personal electronic information from Abundant Servicing LLC, via email and that this information is confidential and that you will be the recipient of this information being sent to the email address that you have provided. Furthermore, by consenting to this agreement, you understand and acknowledge as follows:(1) That by providing an employer or shared e-mail account, emails from us may be accessed by others with access to your email account; (2) That email Communications may be susceptible to interception; and, (3) That despite the risks associated with e-mail Communications, you agree that Abundant Servicing LLC, may send you unsolicited emails and SMS text messages containing private and personal electronic information.

TELEPHONE OPT-IN DISCLOSURE. By opting in and applying your digital signature to the myAbundant Servicing Agreement, you acknowledge that Abundant Servicing LLC may contact you using any telephone numbers you provide using the Abundant Servicing LLC online system. You waive any confidentiality and privacy related to such telephone numbers.

ELECTRONIC COMMUNICATION DISCLOSURE. You acknowledge and agree that the Communications between you and myAbundant are electronic. You consent to receive Communications from myAbundant in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures, and other Communications that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. myAbundant will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by myAbundant shall be to stop your use of the Website.

ELECTRONIC COMMUNICATION & ELECTRONIC SIGNATURE CONSENT. BY USING OUR SERVICES AND WEBSITE(S) YOU CONSENT AND YOU AGREE TO THE TERMS OF THIS DISCLOSURE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS DISCLOSURE AS IT RELATES TO OUR SERVICES, ELECTRONIC SIGNATURES, TRANSACTING AND RECEIVING ELECTRONIC COMMUNICATION (I.E., RECORDS, DISCLOSURES, ETC.), AND DOING BUSINESS ELECTRONICALLY OVER THE INTERNET. FURTHER, BY UTILIZING OUR SERVICES, YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, AGREE TO HAVE RECORDS PROVIDED ELECTRONICALLY AND AGREE TO DO BUSINESS WITH OUR PARTNERS ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF RECORDS BE PROVIDED BY MYABUNDANT OR ONE OF OUR PARTNERS AS IT PERTAINS TO OUR RELATIONSHIP BY FOLLOWING THE INSTRUCTIONS OUTLINED HEREIN. YOU ALSO ACKNOWLEDGE THAT WHEN DOING BUSINESS OVER THE INTERNET, YOUR CONSENT TO OUR DISCLOSURE IS A REQUIREMENT TO RECEIVE SERVICES FROM US. IF YOU DO NOT CONSENT TO THIS DISCLOSURE, THEN YOU ARE INDICATING THAT YOU DO NOT CONSENT TO USING OUR SERVICES, THE USE OF ELECTRONIC SIGNATURES, OR TO RECEIVING COMMUNICATIONS FROM US AND YOU DO NOT WISH TO CONDUCT TRANSACTIONS ELECTRONICALLY.

TCPA Consent

Without limiting any other rights myAbundant or any person or entity acting on our behalf may have, you consent to us (and/or any person or entity acting on our behalf or servicing for us) communicating with you, in connection with your application or advance, using any telephone number, email address, or other contact information for you (or any persons listed on your application as a reference) that you have provided or will provide in the future to us (and/or any person or entity acting on our behalf or servicing the advance for us). myAbundant (and/or any person or entity acting on our behalf or servicing the advance for us) may communicate with you using any current or future means of Communications, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email directed to you at a mobile telephone service, or email otherwise directed to you. You acknowledge that such Communications are informational Communications and are not intended for the purpose of telemarketing. myAbundant (and/or any person or entity acting on our behalf or servicing the advance for us) may use such means of Communication even if you will incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or other means.

Furthermore, by providing us with your mobile number and opting-in to receive SMS/text messages, you give myAbundant permission to send you account-related text messages, including payment reminders, payment confirmations, and other pertinent notifications related to the services you have requested.

1. The number of messages will vary by account.
2. By providing us with your mobile number and opting-in, you agree you have ownership rights or permission to use the number given to us.
3. Message and data rates may apply.
4. To opt-out, text STOP to any text message we send you.
5. To request support, email us at support@myabundant.com or submit a support ticket using our online help center.
6. If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages.
7. Wireless carriers are not liable for undelivered or delayed messages.

Questions or comments

myAbundant welcomes questions and comments about our Terms of Service. Questions or comments should be directed to support@myabundant.com.

Abundant Servicing LLC 10 West 37th St Rm 602, New York, New York, 10018