Electronic Transactions and Consent

What it constitutes?

This Electronic Signature (“ E-Sign Consent”) constitutes your consent to receive disclosures and other information in electronic form. Oxygen is required by law to provide you with certain disclosures. Oxygen is not permitted to provide those disclosures to you online without your consent.

We will provide these Communications to you by posting them on our Website after you log-in, and/or by emailing them to you at your registered email address. It is your responsibility to keep your registered email address up to date so that we can communicate with you electronically.

By consenting to E-Sign Consent, you agree that Oxygen may provide electronically any and all communications concerning its decisions on your Consumer Application (the “Application”), the terms of any loan that may be provided to you and the privacy notice (the “Disclosures”). The Disclosures may include, in addition to other things, disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act; and (6) any other applicable federal, state or local law or regulation. Your consent applies not only to the Application and any resulting loan but also to any application for future credit services from Oxygen.

Consumer Consent:

Before completing any transaction with Oxygen, you will be asked to consent to the Terms and Conditions, which constitutes your agreement to the following terms below:

Oxygen may provide disclosures required by law and any other information concerning your legal rights and duties and your account to you electronically.

Oxygen can 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 that you have provided to us.

Oxygen will notify you via e-mail 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. Oxygen will send an email or text message to you that will contain instructions regarding how to view the Disclosures.

Your electronic signature on agreements and documents has the same effect as if you physically signed the document with a pen.

This consent applies to any transaction undertaken through Oxygen in the past, to all future disclosures and communications on your account, to all future transactions, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.

Minimum Requirements

To electronically receive, view and save or print the Disclosures, you must have a personal computer equipped with:

Microsoft Internet Explorer 10.0, Google Chrome 10, Firefox 3.6, Safari 10.8.4 or any later version of these programs,

Adobe Reader 6 or later version;

and either a printer, a hard drive or other storage device.

Withdrawing consent

Prior to submission of your Application, you may withdraw your consent to electronic disclosures by exiting this website. You agree that any email address you provide with your Application may be used to provide you with Disclosures, and you agree to notify Oxygen of any changes in your email address by notifying Oxygen either in writing or via email at least five (5) days before the change.
Withdrawing Consent: You are free to withdraw Your Consent at any time if you choose to. If at any time you wish to withdraw Your Consent, you can do so by submitting a request through the website at www.getoxygen.com, emailing support@getoxygen.com or writing to us at the address below. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and your account will be closed.

Oxygen
1 Sansome St, Suite 3500, San Francisco, CA 94104

In the event that there is a change in the hardware or software requirements for viewing documents that requires your consent (which would include, but not limited to your application, loan agreement and other related documents) and you can not access these records as a result in this change:

You have the right to withdraw your consent to this policy without the imposition of any condition, consequence, or fee for such withdrawal; and we would then request a new affirmative consent, either by mail or email.

Legal Effect

Your consent to this E-Sign Consent means that Disclosures Oxygen provides to you electronically shall have the same 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 as if Oxygen had provided them to you in paper form, regardless of whether you actually view them, unless you have withdrawn your consent pursuant to Section 3 above, prior to receiving such Disclosures.

Miscellaneous

You agree that Oxygen may modify or change the methods of disclosure described herein, and that Oxygen may send you Disclosures in paper form at its option. You may obtain a paper copy of an electronic Disclosure free of charge, provided that such request is made within a reasonable period of time after you first received the electronic Disclosure.

You have the option to receive any information that Oxygen has provided electronically in paper form at no cost to you by contacting Oxygen at 1 Sansome St. Suite 3500, San Francisco, CA 94104. You may also withdraw your consent to electronic disclosures by contacting Oxygen in the same manner. If you withdraw your consent to electronic disclosures, Oxygen may elect to terminate its relationship with you.

You also agree that Oxygen is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by Oxygen’s failure to send such a notice to the phone number or email address you have provided for that purpose.