Clearwater Capital Group (“Clearwater”) provides an electronic application and agreement process. To use our services, you must consent to transact business electronically under the federal Electronic Signatures in Global and National Commerce Act (E-Sign Act, 15 U.S.C. § 7001 et seq.) and applicable state Uniform Electronic Transactions Acts (UETA).
1. Scope of consent
Your consent applies to all records and disclosures Clearwater provides to you or that you provide to Clearwater in connection with your application or funding transaction, including:
- This E-Sign Consent, our Privacy Policy, Terms of Service, and any state-specific disclosures;
- The application itself and any supporting documentation;
- Funding offers, agreements, amendments, notices, and ACH authorizations;
- Confirmations, receipts, account statements, reconciliation notices, and payoff letters;
- Tax forms (e.g., 1099), collection notices, and legal notices;
- Any other record required by law to be provided in writing in connection with a transaction.
2. System requirements
To receive and retain electronic records, you need:
- A computer, tablet, or smartphone with an active internet connection;
- A modern web browser (current or one prior major version of Chrome, Safari, Firefox, or Edge);
- A valid email address that you check regularly;
- The ability to view, save, and print PDF documents (a free viewer such as Adobe Reader is sufficient);
- Sufficient storage to retain records electronically or the ability to print them.
If our system requirements change in a way that materially affects your ability to access records, we will notify you and reconfirm your consent.
3. Electronic signatures
When you type your name, click an “I Agree,” “Accept,” or “Submit” button, draw your signature on a touch screen or with a mouse, or otherwise indicate your agreement electronically, you are providing a legally binding electronic signature. Your electronic signature has the same legal effect as a handwritten signature.
Clearwater may use electronic signature services (such as the in-app signature canvas on our application page, or third-party e-signature platforms like DocuSign or HelloSign) to collect signatures. Audit trail data — including IP address, timestamp, and signer identifiers — is retained as evidence of signing.
4. Requesting paper copies
At any time, you may request a paper copy of any record we have provided to you electronically by emailing support@clearwatercapitalgrp.com with the subject line “Paper Copy Request.” Please include your name, business name, and a description of the record requested.
We do not charge a fee for paper copies requested within 90 days of the record's original delivery. After 90 days, a reasonable copying and mailing fee may apply.
5. Withdrawing consent
You may withdraw your consent to receive records electronically at any time by emailing support@clearwatercapitalgrp.com.
Note: If you withdraw consent, Clearwater may be unable to continue processing your application or servicing your account. Withdrawal of consent does not invalidate or undo any prior electronic signature, agreement, or transaction. For active funding agreements, we will work with you to transition to paper communications where practicable; specific communications (such as those required by a funder's servicing platform) may continue to be delivered electronically as a condition of the agreement.
6. Updating your contact information
You agree to keep your email address and phone number current. To update your contact information, email support@clearwatercapitalgrp.com from the email address on file, or log in to your account portal if available.
Clearwater is not responsible for records not received due to an incorrect or outdated email address on file.
7. Retention
You are responsible for retaining records that Clearwater provides to you. We recommend saving or printing important documents promptly after delivery. Clearwater retains records for the period required by applicable law.
8. Jurisdictional effect
This consent is governed by the federal E-Sign Act and applicable state UETA statutes. Electronic records and signatures have the same legal effect as their paper and wet-ink equivalents under federal law and the law of all US states.
9. How to provide consent
By proceeding with our application or by clicking to accept this E-Sign Consent, you:
- Confirm that you have read and understand this E-Sign Consent;
- Confirm that you can access records in the formats we provide (e.g., HTML, PDF);
- Agree to receive and sign records electronically as described above;
- Acknowledge that your consent remains in effect until you withdraw it.
10. Contact
Clearwater Capital Group
support@clearwatercapitalgrp.com