Electronic Signature and Communication Disclosure
Last Updated: November 20, 2020
We want to provide you with communications electronically and conduct business with you electronically. Certain laws and regulations require us to provide communications to you “in writing,” which means you may be entitled to receive the information on paper. The Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”) allows us to provide you communications electronically and to conduct transactions with you electronically, with your consent. We also need your general consent to use electronic records and signatures in our relationship with you. Before we can provide you with any Services (as defined below), you must review and consent to the terms outlined below.
Please read this Electronic Signature and Communication Disclosure ("Disclosure") carefully prior to providing us with your consent. This Disclosure describes how we deliver and receive communications to and from you electronically, and asks you to consent to doing business with us electronically and to use electronic records and signatures in our relationship with you. If you do not agree to this Disclosure or you later withdraw your consent provided herein, you may not be able to continue to use our Services since they are provided electronically only.
The Scope of Communications to Be Provided in Electronic Form
This Consent applies to all Communications and Services. When you agree to the terms of this Disclosure, you agree that we may provide you with Communications in electronic format, to the extent allowed by law, unless and until you withdraw your consent as described below. Your consent to receive Communications and initiate and enter into transactions electronically includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with the Services;
- Services terms and conditions and any and all agreements by and between you and us that relate to Services, as well as any amendments to those terms and agreements;
- Privacy policies and notices;
- Responses to claims filed in connection with Services;
- Statements and account disclosures;
- All communications between us and you concerning the Services and any related transactions, products or services; and
- Any notices provided by a utility providers or any other third party in connection with the Services.
Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in a Communication how you may deliver that notice to us electronically.
Method of Providing Communications to You in Electronic Form
All Communications that we provide in electronic form will be provided either (1) by e-mail, (2) by access to a website designated in an email notice from us, (3) through any mobile application we may make available, (4) to the extent permitted by law, by access to a website generally designated in advance for such purpose, or (5) in the manner specified in any other agreement we or our affiliates have with you.
If you seek to obtain a new product, service or account with us, we may, but are not required to, remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us.
How to Withdraw Consent
You may withdraw your consent to receive Communications in electronic form by contacting us at email@example.com or by calling us toll-free at 866-403-2620. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however, if you withdraw your consent, we may terminate your access to the Services. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Your Records
It is your responsibility to provide us with true, accurate and complete e-mail address, contact information, street address, and other information related to this Disclosure or Services and to maintain and update promptly any changes in this information. You can update such information (such as your e-mail address) by contacting us at firstname.lastname@example.org or by calling us toll-free at 866-403-2620. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last e-mail address you provided to us.
Hardware and Software Requirements
In order to access, view, retain, and receive Communications that we make available, you must have:
- A computer with an internet connection with 128-bit encryption that is running Mac OS X or higher, or Windows 7 or higher, and Safari, Internet Explorer 10 or higher, Chrome or Firefox or a mobile device that: is running iOS 6.0 or higher, or Android 4.0 or higher and Safari, Android Browser or Chrome
- A valid email address
- Sufficient storage space to save Communications and the capability to print the Communications from your computer or mobile device
- A current version of a program that accurately reads and displays Portable Document Format or "PDF" files, such as Adobe® Acrobat Reader® version 8.0 and above
We may update these requirements as necessary to preserve the ability to receive electronic Communications. Continuing to use our Services after receiving updates to our Hardware and Software Requirements signifies your acceptance of the change and reaffirmation of your consent and we will not send you notice of the change, unless required by law.
Requesting Paper Copies
You can obtain a paper copy of a Communication by printing it yourself or by requesting that we mail you a paper copy. We will not send paper copies of any Communication; however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. To request a paper copy, contact us at email@example.com or by calling us toll-free at 866-403-2620. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to your authorization. We will disclosure any charge prior to delivery of paper copies of such Communication.
Communications in Writing
You agree that all electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically and we have a reasonable period of time to process your withdrawal (as set forth herein). You should print or download for your records a copy of this Disclosure, and any other Communication that is important to you.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal E-Sign Act, and that you and we both intend that the E-Sign Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms of this Disclosure and conditions upon which electronic Communications are provided. Subject to the terms herein (see Hardware and Software Requirements), we will provide you with notice of any such termination or change to the extent required by law.
By clicking the checkbox and “Sign me up,” or “Agree” button or similar button or by applying for or using Services, you give us affirmative consent to provide you with electronic Communications as described herein and agree to the terms of this Disclosure. You agree that clicking the “Sign me up,” or “Agree” button or similar button or by applying for or using a Service is the legal equivalent of your physical signature on this Disclosure. No certification authority or other third-party verification is necessary to validate your signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or any resulting contract. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive, retain and review electronic Communications, and that you have an active email account. You also confirm that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your Services.