- “Communication” is defined in Section 7(b) below. \t\t\t
- “Electronic Delivery” is the act of delivering Communications using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar electronic means as set forth in Section 7(d) below, including through our websites or mobile applications. \t\t\t
- “We,” “us,” and “our,” refer to the entity that provides you one or more Services and such entity’s affiliates and subsidiaries or our agents, assignees or service providers.
\t\tWe are required by law, regulation or agreement to give you certain information “in writing”. With your consent, we can provide this information to you by Electronic Delivery instead. We also need your general consent to use electronic records and signatures in our relationship with you.
You agree that for all Communications for Services we may use Electronic Delivery and, at our discretion, terminate paper delivery of Communications to you unless and until you withdraw your consent to this Section 7 as described in Section 7(f) below. This Section 7 applies to all Communications relating to such Services.
“Communications” include, but are not limited to, the following:
- All legal, regulatory or other disclosures associated with a Service;
- Marketing materials; and \t\t\t
- Any other document or other information required to be provided “in writing” or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with Services or your relationship with us. \t\t\t
Except as otherwise provided in this Section 7, physical delivery of Communications is not available for these Services. We reserve the right, but assume no obligation, to provide paper copies of any Communication that you have authorized us to provide via Electronic Delivery.
To withdraw your consent to receive Communications by Electronic Delivery, you must follow the instructions set forth in the section titled “How to Withdraw Consent” in Section 7(f) below. Sometimes you are required to provide us with a written notice by law or under our agreement with you. Those notices must be provided to us on paper unless we tell you how to deliver the notice to us electronically.
All Communications (including alerts that Communications have been provided or posted) that we provide to you electronically will be provided by one or more of the following methods:
- electronic messaging (such as e-mail, or SMS text or push notification to your mobile device);
- by access to a web site, including our mobile websites or websites of third party service providers who we engage to deliver Communications through Electronic Delivery, that we will designate in a notice we send to you via electronic messaging at the time the information is available or that we will generally designate in advance for such purpose;
- via our mobile applications; or
- by requesting you download a Hyper Text Markup Language (“HTML”) file or Portable Document Format (“PDF”) or other specified electronic file containing the Communication.
Communications delivered by e-mail will be sent to your e-mail address reflected in our records. You represent that any e-mail address you provide to us for Electronic Delivery purposes belongs to you or to a person who has authority for Services. You can update your email address on file with us by calling (866) 467-8263. You should print, download or otherwise retain a copy of this Section 7 and all other Communications provided by Electronic Delivery.
In order to access, view, print and retain electronic Communications, you must have:
- Access to a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the internet, or downloading our mobile apps with the Current Version (as defined below) of (i) an operating system, such as Windows, Mac OS, iOS or Android, and (ii) a web browser, such as Chrome, Safari or Firefox, that we support;
- A connection to the internet;
- Local electronic storage capacity to retain Communications and/or a printer to print them;
- A valid e-mail account and software to access it; li>
- Software that enables you to view and display files in HTML and PDF format.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the revised hardware or software requirements. Continuing to use the Services after receiving notice of the change is reaffirmation of your consent with respect to other Communications.
We will not impose any fee to process the withdrawal of your consent to receive Communications by Electronic Delivery. However, if you withdraw consent, your access to and use of the Services or certain features of the Services will be terminated. Any withdrawal of your consent to receive Communications by Electronic Delivery will be effective only after we have a reasonable period of time to process your withdrawal.
At our option, we may treat the provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive Communications by Electronic Delivery.
You may withdraw your consent to receive Electronic Delivery of Communications by calling us at (866) 467-8263.
For Communications scheduled for Electronic Delivery, you should not expect to receive a paper copy of any Communication unless you request it. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the Communication to you by Electronic Delivery. We may charge you a reasonable service charge, with prior notice of any such charge, for the delivery of paper copies of any Communication provided to you electronically pursuant to this Section 7.
To request paper copies of electronic Communications, call us at (866) 467-8263.
You acknowledge and agree that your consent to this Section 7 is provided in connection with a transaction affecting interstate commerce, that it is subject to the federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent permitted by law.
We reserve the right, in our sole discretion, to discontinue providing you with electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
By consenting to this Section 7, you agree to the following statements:
- I have read, understand and agree to be bound by the terms and conditions contained in this Section 7, and consent to receive Communications and execute documents via Electronic Delivery according to the process described herein;
- I am able to download and review files in HTML or PDF format, and I have internet access and can send and receive emails with links to websites;
- Certain Communications may be delivered to me in paper form and in the future some or all of these Communications may be made available for me to view electronically in accordance with this Section 7;
- My consent to receive Communications electronically does not automatically expire and is not limited as to duration;
- I may incur costs, including but not limited to online time and other charges from my internet service provider or telephone carrier in accessing and/or viewing Communications;
- I may terminate or suspend Electronic Delivery at any time at my discretion and I understand that this will terminate my access to the Site; and
- We will not be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this Section 7.