Consent to Electronic Communication

Please read this information carefully and print a copy and/or retain this information electronically for your future reference.

By checking the “I have read and agree to Earnest’s consent to Electronic Communications” below, you are agreeing to electronically access, receive, review, sign, and authenticate certain documents and forms covered by the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), the Uniform Electronic Transactions Act (“UETA”) adopted by various states, and/or the separate state laws of Illinois, New York, and Washington (as applicable). Your electronic signature will bind you to the same extent as if you had signed on paper with an ink signature. You are also agreeing that such documents and forms may be retained solely in an electronic format and are “transferable records” within the meaning of the UETA.

1. Definitions

Your consent will apply to all information Earnest LLC, Earnest Operations LLC, One American Bank, Navient Corporation and/or Navient Solutions, LLC, and their respective subsidiaries, affiliates, agents, successors, and assignees (collectively, “we,” “us,” or “our”), send to you, or disclose or communicate to you, relating to your online loan application, student loan(s) or your student loan account(s) (“Communications”) while we are receiving and evaluating your application, originating your student loan(s), and servicing your student loan(s).

2. Hardware and Software Requirement

You need to have a valid working email account. You need to have a computer, operating system, and mobile device with internet service that uses a current version of one of the following JavaScript-enabled web browsers: Google Chrome, Microsoft Internet Explorer, Apple Safari, or Mozilla Firefox. The web browser must support at least 256-bit encryption. You need to have sufficient electronic storage capacity on your computer’s hard drive or other data storage unit. You need to be able to access HTML (Hypertext Markup Language) files, PNG (Portable Network Graphics) files, and PDF (Portable Document Format) files. To view and read PDF files, you will need Adobe® Acrobat Reader. You can download Acrobat Reader for free.

3. Method of Electronic Communications

All Communications that we provide to you electronically will be provided either (i) directly to any email address provided by you (or any email address you provide to us later); (ii) on our website; or (iii) directly by text or SMS to any mobile number provided by you in your online account (or any mobile number you provide to us later). WE MAY USE SUCH MEANS OF COMMUNICATION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR COMMUNICATIONS SENT VIA OTHER MEANS. If Communications are provided on our website, we will notify you of the website address to access the Communications by sending you either an email or regular mail to the mailing address provided by you in your online account.

4. Electronic Communications

Since you can only apply for this loan on the Internet, it is necessary for you to consent to transact business with us online and electronically. You consent and agree that such Communications may be delivered to you by posting such Communications to your online account or a different website that we may, from time to time, communicate to you, by sending such Communications to your designated email address, or by making such Communications available to you during your online session. Email Communications may include attachments or embedded links. Communications that you agree to accept electronically would include, without limitation, all regulatory and other notices and disclosures required by federal and state law (such as your Truth in Lending and Privacy Policy disclosures), loan-related application materials, self-certification or other forms, loan agreements, account statements, all future tax forms (including IRS Form 1098-E (Student Loan Interest Statement)), future annual Privacy Policy disclosures, and other information. Your consent also permits us to obtain your electronic signature if you choose to sign certain Communications electronically. If you do sign electronically, your electronic signature will bind you to the terms and conditions to the same extent as if you signed the Communications on paper with an ink signature.

5. Updating Your Contact Information

You agree to notify us whenever you change your email address or mobile number. If you change your email address or if email is undeliverable to your email address, you must sign into your online account and update your email address if you want to continue to receive electronic Communications. If we receive an electronic notice that an email is undeliverable due to an incorrect or inoperative email address, then for Communications that we are required by law to send to you (such as IRS Form 1098-E), we will resend such Communications to you via U.S. Postal Service. In the event servicing of your account is handled by an affiliate or agent, you may update your contact information by communicating your request to it by contacting it directly at the address, telephone number, or hyperlink provided by it.

6. Paper Copies

You may obtain a paper copy of any Communication by printing it from your computer or by contacting us at the address provided on our website. You may obtain a paper copy of any electronic agreement or form that was submitted with an electronic signature by printing it from your computer or by asking us to send you a copy. We will not charge unless the request is voluminous, such as a request for all historical notices. Please specify the subject matter requested and a reasonable time frame not to exceed two years. In the event servicing of your account is handled by an affiliate or agent, you may request a paper copy or ask for a copy to be sent to you by communicating your request to it by contacting it directly at the address, telephone number, or hyperlink provided by it. The request for a paper copy of any Communication will not by itself constitute a withdrawal of consent. We reserve the right to provide paper Communications to you at any time at your designated U.S. Postal address.

In no event will we charge you for a paper copy of IRS Form 1098-E. Your IRS Form 1098-E will remain available electronically for at least one year after the date it is originally made available to you electronically. For IRS Form 1098-E only, we will terminate the electronic delivery of IRS Form 1098-E only under extraordinary circumstances, such as if student loan interest is no longer treated as tax deductible.

7. Withdrawing of Consent

You may without charge withdraw consent to the use of electronic Communications and instead elect to use the U.S. Postal Service to obtain communications from us by signing into your online account, or by contacting us at the phone number and/or mailing address that we communicate to you on our website. This same contact information can be used to request paper copies as referenced above. Additionally, you may withdraw your consent to receive IRS Form 1098-E by emailing us at [email protected] or at a different email address that may, from time to time, communicate to you. In the event servicing of your account is handled by an affiliate or agent, you may withdraw consent by communicating your request to it by contacting it directly at the address, telephone number, or hyperlink provided by it.

If you withdraw your consent to receive Communications electronically, you will lose any applicable benefits that were promised in return for your agreement to receive Communications electronically. For IRS Form 1098-E only, we will confirm the withdrawal of consent and the effective date consistent with the means with which the request was made, e.g., electronically or by letter. Your withdrawal of consent does not apply to Communications provided electronically before the date on which the withdrawal of consent takes effect.

8. Acknowledging Your Ability to Access and Consenting to Electronic Communications

By checking the “I have read and agree to Earnest’s Consent to Electronic Communications”, you are stating that you are able to view and have read, understand, and accept the electronic delivery consent stated above, have the required hardware and software, and agree to receive Communications electronically, as set forth above, as well as future Communications electronically.