E-Sign Consent Agreement

By clicking the check box next to the E-Sign Consent Agreement, you are accepting all of the following terms and conditions relating to the electronic notification/communications policy and electronic consent and contract binding policy of On Deck Capital Inc., its subsidiaries and affiliates operating under the OnDeck brand, its bank partners, and their agents, service providers, successors and assigns (collectively, “we”, “us”, “our”). Please read the information below carefully and thoroughly.

YOU AGREE TO ELECTRONIC CONTRACT BINDING. You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding. You understand and acknowledge that the federal Electronic Signatures in Global and National Commerce Act defines an “electronic signature” as an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.

YOU AGREE TO ELECTRONIC COMMUNICATIONS. You hereby agree that we may provide any communication or notification to you electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or our internal policies. You also consent to allow us to respond to any inquiries or communications by e-mail, fax or other electronic means regardless of the format of the original inquiry. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. Pursuant to law and regulations, you agree and acknowledge that all electronic communications delivered to you by us (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a “writing” or “in writing” and (iii) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by us shall be deemed valid and admissible originals.

YOU UNDERSTAND THE TECHNICAL REQUIREMENTS. To electronically receive, view, and save electronic communications and electronically signed agreements, you must have a personal computer equipped with the requirements set forth below, and either a printer, a hard drive, or other storage device.

Required hardware and software

Operating Systems:

Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X


Internet browser software such as Mozilla Firefox, Google
Chrome, or Apple Safari

PDF Reader:

Acrobat® or similar software may be required to view and print PDF files

Screen Resolution:

800 x 600 minimum

Enabled Security Settings:

Allow per session cookies
Internet browser software must be able to use 256-bit encryption to enable Secure ACTIVE/101898654.2 Sockets
Layer (SSL)

You must also have a valid email address. You must notify us if your email address changes and you hereby agree to notify us of any such change immediately. To notify us of your new email address, please log on to ondeck.com and the applicable subdomains and update your email address in the “My Profile” section of the website. If you are an OnDeck Cardholder, please contact support@card.ondeck.com to notify us of email address changes.

YOU UNDERSTAND THE DISCLOSURES ABOUT CHANGING YOUR CONSENT. If you elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with you and deliver services to you. Nonetheless, you may change your consent at any time. Your consent to electronic communications and E-signing may also be withdrawn at any time by providing us with written notice that has been notarized and sent to the address below. Notwithstanding your change of consent, any electronic communications provided or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.

To revoke e-sign and e-communications, you must notify us with a written, notarized notice and sent to the address below:

OnDeck E-Sign Department
4700 W. Daybreak Pkwy., Suite 200
South Jordan, UT 84009

Your correspondence must contain in the body of such request your e-mail address, full name, US Postal address, and telephone number. After your withdrawal of consent has been received and processed by us, all subsequent notifications and communications will be sent by regular mail to the last known address on file with us. Except as described below, you have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. Additionally, you will have the ability to download and print certain documents through our Online system.

Note to OnDeck Cardholders: You expressly acknowledge and agree that each of the consents you have provided in this E-Sign Consent Agreement are irrevocable and are a material precondition of the provision of the OnDeck Card Account to you. As such, we shall not be obligated to provide you with paper copies of any electronic communications and we may charge you a fee if we, in our sole and absolute discretion, choose to do so. We may close your OnDeck Card Account if you attempt to revoke any consent provided herein or if we are unable to communicate with you electronically (for example, if emailed communications are undeliverable to the email address in our records).

YOU ACKNOWLEDGE AND CONFIRM YOUR CONSENT. If you consent to receiving notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the check box next to “E-Sign Consent Agreement” on the previous page. By clicking the check box, you acknowledge and confirm that (1) you can access and read this E-SIGN CONSENT AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify OnDeck as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by us during the course of your relationship with us.