Electronic Disclosures Consent Agreement

Effective Date October 21, 2019

 

This Electronic Disclosure and Consent Agreement is provided by LIVE OAK DIGITAL BANK by Live Oak Bank, North Carolina, member of the Federal Deposit Insurance Corporation (“FDIC”) (“LIVE OAK DIGITAL BANK”, the “Bank”) on behalf of NYMBUS Inc. (“Nymbus”), the program partner responsible for managing LIVE OAK DIGITAL BANK bank accounts (“LIVE OAK DIGITAL BANK”).

 

 

General

 

This Electronic Disclosure and Consent Agreement (“Electronic Consent Agreement”), applies to all communications for products and services offered by Bank. You must agree to this Electronic Consent Agreement prior to accepting the Online Banking Agreement, which you must accept before you can use LIVE OAK DIGITAL BANK Online Banking Services.

 

 

Definitions

 

The terms “we,” “us” and “Bank” refer to Nymbus and/or LIVE OAK DIGITAL BANK or any affiliate, agent, independent contractor or designee that we may, at our sole discretion, involve in the provision of the LIVE OAK DIGITAL BANK Online Services.

The terms “you” and “your” refer to the user of LIVE OAK DIGITAL BANK Online Services, whether singular or plural, who: (1) is an individual or entity that is the owner of an account or a party-in-interest of an account at the Bank or (2) is an individual authorized by the account owner(s) or a party-in-interest to view account information or effect transactions in an account.

The term “Communication” means any customer agreements or amendments to those agreements, disclosures, notices, responses, transaction history, account statements, privacy policies and all other information related to your accounts at the Bank, including but not limited to LIVE OAK DIGITAL BANK Online Services. Communications are not limited to information that we are required by law to provide to you in writing.

 

 

Scope of Communications to be Provided in Electronic Form

 

When you use a LIVE OAK DIGITAL BANK Online Service, you agree that we may provide you with any Communications in electronic form only and that we may discontinue sending paper Communications to you. Withdrawal of your consent to receive Communications electronically shall terminate this Agreement, the Online Banking Agreement, and your access to LIVE OAK DIGITAL BANK Online Services. Your consent to receive electronic Communications and transactions includes, but is not limited to, the following:

 

  • All transaction history statements regarding your accounts at the Bank;
  • All legal and regulatory disclosures and Communications associated with your accounts at the Bank including products or services available through LIVE OAK DIGITAL BANK Online Services and;
  • Notices or disclosures about a change in the terms of this Consent Agreement; and
  • Our responses to your requests related to your Accounts, including LIVE OAK DIGITAL BANK Online Services.